•l I give theft Books \ for the founding of a College in this Colony" •YAIUE-WSPPEiaSinnr- From the estate ot Prof. William G. Sumner THE POLITICAL HISTORY OF THE UNITED STATES OF AMERICA during the PERIOD OF RECONSTRUCTION, (From April 15, 1865, to July 15, 1870,) INCLUDING a CLASSIFIED SUMMARY OF THE LEGISLATION OF THE THIRTY- NINTH, FORTIETH, AND FORTY-FIRST CONGRESSES. WITH THE YOTES THEREON; TOOETHEB WITH THE ACTION, CONGRESSIONAL AND STATE, ON THE FOURTEENTH AND FD7- TEENTH AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, AND THE OTHER IMPORTANT EXECUTIVE, LEGISLATIVE, POLITICO-MILITAEY, AND JUDICIAL FACTS OF THAT PERIOD. SECOND EDITION. By Hon. EDWARD McPHERSON, LL.D., CZJEBK OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. WASHINGTON : SOLOMONS & CHAPMAN kan., to* Fcsjmk Statmtich ahd Gamunaxr Jkxms. [8UCCE8SOB8 TO PH1LP 4 SOLOMONS.] 1875. Entered according to Act of Congress, in the year 1871, by EDWARD MoPHERSON, In the Clerk's Office of the District Court of the United States for the District of Columbia. ca2>4-+ STEREOTYPED BT MoGILL & WITHEROW, WABHDIOTOH, D.a PREFACE. This volume is a reprint of my Political Manuals, issued in 1866, 1867, 1868, 1869, and 1870, with revision and corrections' to date and with some additions, and includes the political facts of the most momentous legislative period in the history of our country— that between April 15, 1865, and July 15, 1870. During it occurred the great controversy between President Johnson and the Thirty-ninth and Fortieth Congresses, which resulted, among many minor features of significance and importance, in the enactment of the Civil Rights act and the Tenure-of-Office act; the overthrow of the Presidential plan of Reconstruction; the remission to military rule of the lately insurrectionary States, except Tennessee; the prescription by Congress of the terms of their restoration ; and the adoption, by Congress and the requisite number of State Legislatures, of the Fourteenth Amendment to the Constitution of the United States, which distinctly defines citizenship and places it under constitutional protection, and of the Fifteenth Amendment, which settles upon a new basis the question of suffrage in the. United States, and modifies the relations of the States to it — all which measures indicate the era referred to as unquestionably the most remarkable in our legislative, history. It has been my effort to preserve in these pages the record of the various steps by which these ends have been reached, so that it may be entirely prac ticable for the student of them to trace their development from the first sug gestion to the final shape. A glance at the Table of Contents! and the Index will indicate the scope of the work, and the thoroughness and detail which characterize it ; and a close examination of its pages will, I trust, leave no room to doubt that it has been prepared in a spirit of fairness and impartiality, and that it may be accepted as an actual contribution to the political history of our times. The general plan of the work is the same as that, of the Political History of the United States during the Rebellion, but differs from, it chiefly in its having been arranged in annual parts. The advantage in this is, that it exhibits more clearly the growth ©f legislation and of public sentiment on each question, year by year. The disadvantage is, a small increase in the labor of investigation. iii IV PREFACE. It is hoped, however, that the completeness of the Index, both as to subjects, persons, and parties, will enable all, without difficulty, to command ready access to the multitude of facts which will be found in these pages. Part I contains a full statement of the Orders and Proclamations' and the general action of President Johnson, in the development of his policy of restor ing the insurrectionary States to their places in the Union, by calling constitu tional conventions in each, on an indicated basis, and by suggesting certain action therein as preliminary to restoration. It also contains the legislation of those organizations respecting the colored population recently freed, and the various Messages, Speeches, Letters, and Proclamations of the President in vindication of his policy and in resistance to that of Congress. This part will also be found to contain the full text of the majority and minority reports of the Joint Congressional Committee on Reconstruction, with the text of the Fourteenth Amendment, as finally adopted by Congress and submitted to the Legislatures for their action. This amendment having been rejected by the Legislatures in the insurrectionary States, chosen under the action of President Johnson, Congress subsequently adopted the decisive measure of dividing those States into five Military Districts, providing for their re-organ ization on the basis of, substantially, Universal Manhood Suffrage, and pre scribing the conditions on which they would be entitled to representation in Congress. Part II contains the texts of these various measures, the Yeto Messages of the President in disapproval of them, and the various "Votes by which they were passed over the veto by two-thirds of each House. Part III contains all the proceedings connected with the proposed impeach ment of President Johnson by the Fortieth Congress, with the Articles of Impeachment in full, the answer of President Johnson, the Replication of the House, and the Judgment of the Senate thereon. It also contains a digest of the Orders of the Military Commanders and their general action under the various Reconstruction acts, with an abstract of the Constitutions prepared by the Conventions called under them. Parts IV and V contain the remaining record of Reconstruction, the final votes in Congress upon the adoption of the Fifteenth Constitutional Amend- ment, President Grant's action thereon, the votes of the various State Leo-isla- tures, and the final certificate of the Secretary of State announcing its ratiication as an amendment to the Constitution. Besides these great measures, the interest in which will scarcely abate as long as our present system of government remains, in this volume will be found all the Decisions of the Supreme Court of the United States during this period, on the more important public questions which came before it, such as the Habeas Corpus, the Legal-Tender, and the Test- Oath cases ; the right of States to tax National Banks ; the right of the United PREFACE. v States to tax State Banks; the right of a State to tax persons passing through it; the validity of contracts in confederate money, and the effect of express con tracts to pay coined dollars ; and sundry opinions in United States Circuit and State courts. Besides, in it will be found all the votes in Congress upon general questions, such as the Public Credit act, Banking and Currency legislation, the Tenure-of-Offiee act, the Civil Rights act, Internal Revenue, Tariff, and Land- grant legislation ; the various Messages, Proclamations, and Orders of Presidents Johnson and Grant ; the votes of Congress on political declaratory resolutions ; the platforms of parties, both State and National, from 1866 to 1870 ; the returns of State and Presidential elections ; Tables of Population, Public Debt, Land- grants, Taxation, Registration, Disfranchisement, Expenditures and Appropri ations, Revenue receipts and reductions, Lists of the Cabinets of Presidents Johnson and Grant, and of the Members of the Thirty-ninth, Fortieth, and Forty-first Congresses ; and an extended political and military miscellany, which will be found to include almost every thing of permanent interest connected with national politics during the period referred to. This volume takes up the thread where it was dropped by that on the Re-' bellion, and it is naturally a companion to it. That gives the record of the steps by which Secession was accomplished and Disunion attempted, as well as of those by which Secession was resisted and Disunion defeated. This gives the equally portentous record of the means by which, the War over, the Govern ment and people of the United States reaped its fruits, and especially the memorable steps by which four millions of slaves, formerly knows as chattels, became incorporated, first into the civil, and next into the political, body. In the various votes given, the names of Republicans are printed in Roman. of Democrats, and of those who generally co-operated with them, in italic. EDWARD MoPHERSON. Washington, D. C, April 20, 1871. TABLE OF CONTENTS. 3P-A.E.T • I — 18SS. I. Constitution of the United States— Mr. Seward's Certificate of the Ratification of the Anti-Slavery Amendment 1-8 II. President Johnson's Orders and Procla mations 7-18 Respecting Commercial Intercourse — Trial and Punishment of the Assassins of Abraham, Lincoln — Arrest Of« Jefferson Davis; Clerne-n-fr C Clay, and others— To re-establish the Au thority of the .United States in Virginiar^- Equality of-Rights with Maritime Nations— The Blockade— Amnesty— Appointing Provis-. ional Governor for North Carolina, and other Insurrectionary States — Freedmen— Suppress ion of Rebellion in Tennessee— Parotecf Pris oners — Martial Law withdrawn from Kentucky — Annulling the' Suspension of the Habeas Corpus — Declaring1 the Rebellion Ended — Ap pointments to Office— Trials by Military Courts — Against the Fenian Invasion of Canada. III. Action of the Conventions and Legis latures of the Lately Insurrectionary States - 18-28 Proclamations of Provisional Governors— Elections of Conventions and Ordinances' thereof— Enactments of Legislatures — Tele- frams of President. Johnson a}ndj Secretary eward respecting the* Rebel Debt, Colored Suffrage, Anti-Slavery Amendment, Admission to Congress of Senators and Representatives elect— -President Lincoln's Letter to Governor Hahn, March IS, 1864, on Colored Suffrage, and his Telegram of April 12, 1865, prohibiting the meeting of the Rebel Legislature of Virginia. and General Grant's accompanying Reportr- Vetp of , the, Freedmeii's- Bureau. Bill, with copy and votes — Veto of the Civil Rights Bill, with copy and, vptes — Veto of the Colorado- Bill, with copy and votes — Message' on the pro posed Constitutional Amendment. VII. Majority and Minority Reports of the Joint Committee on Reconstruction 84-UU VIII. Votes on Proposed Constitutional Amendment- — 102-10b' • On Constitutional Amendment as finally adopted — The Accompanying Bilfe — The Amendment on Representation and Direct Taxes— On Representationr— On Immunities of Citizens— Gn Tennesseer^-On Rebel Debt. IX. Members of the Cabinet of President Johnson, and of the 39th Congress, and of Claimants of Seats therein 107-109 X. Votes in the House of Representatives ou Political Resolutions 109-11} On Public Debt— Punishment of Treason- Representation of lately Insurrectionary States — Elective Franchise in the States— Test-Oath — Test-Oath for Lawyers — Endorsement of the President's Policy— Withdrawal of Military Forces— Legal effect of Rebellion— Duty of Congress— Writ of Habeas Corp.us— Thanks to the President— Recognition of State Govern ment of North Carolina— Trial of Jefferson Davis— Neutrality — The Fenians. IV. Legislation Respecting Freedmen 29-44 In North Carolina— Mississippi — Georgia — Al abama — South Carolina, and General Sickles's Order relative thereto — Florida — Virginia, and General Terry's Order suspending the Vagrant Act — Tennessee — Texas — Louisiana. V. President Johnson's Interviews and Speeches 44-63 Remarks to citizens of Indiana — Nashville Speech, June 9, 1864— To Virginia Refugees- Interview with George L. Stearns— Address to Colored Soldiers, October 10, 1865— Interview with Senator Dixon — With Colored Delegation respecting Suffrage, with Reply of— Remarks to Committee of the Virginia Legislature — Speech of February 22, 1866— To the Colored People of the District of Columbia. VI. Annual, Special, and Veto Messages of President Johnson, with Copies of the Ve toed Bills, and the Votes on them 64-84 Annual Message, December 4, 1866 — On the condition of the late Insurrectionary States, XI. Votes on Political Bills I14-U7 Suffrage in District of Columbia— Extending the Homestead Act— Habeas Corpus— West Vir ginia Bill— Elective Franchise In the Territo ries. 1'i XII. Political and Military Miscellane ous 117-124 ¦Union National Platform of 1864— Democratic National Platform of 1864— Call for National Union Convention, 1866— Address of Demo cratic Members of Congress, 1866— Elections of 1866— Lee's Surrender to Grant— The Sher man-Johnston Agreement, and its Disapproval —Grant's Orders— Pennsylvania and Maryland Platforms of 1866— Convention of Southern Unionists. XIII. Tabular Statements on Representa tion, Tariff, and tha Public Debt 125-126 Census Tables, showing Population, Votina Population Present Apportionment, and effect of proposed changes— Table of Votes, by States and Sections, on the Tariffs of 1816. 1824 182a. 1832, 1846, 1857, 1861, 1864, and the BUI of 1866. 8 TABLE OP CONTENTS. IP.A.BT I3C— 1867. XIV. President Johnson's Speeches 127-143 On receiving the Proceedings of the Philadel phia 14th of August Convention— In New York — In Cleveland — In St. Louis— Interview with Charles G. Halpine. XV. President Johnson's Messages 143-181 Annual Message, December 5, 1866 — Veto of ¦the Second Freedmen's Bureau Bill, with copy and votes— Respecting Restoring Tennessee to her Relations to the Union— Veto of the District of Columbia Suffrage Bill, with copy and votes — Veto of the Second Colorado Bill, with copy and votes — Veto of the Nebraska Bill, with copy and votes— Veto of the Recon- , struction Bill, with copy and votes— Veto of the Tenmre-of-Office ActyWith copy and votes — Accompanying the Approval of &e Army Ap propriation Bui— Veto of the Supplementary Reconstruction Bill, with copy and votes — A6- companying the Approval of a Reconstruction Appropriation Bill. XVI. Members of the Cabinet of President Johnson, and of the Second Session of the 39th Congress, and First Session of 40th Congress, and of Claimants of Seats therein- 181-183 XVII. Votes on Political Bills and Resolu tions 183-190 Repeal of Power to Pardon by Proclamation — Representation of Rebel States— Elective Franchise in the Territories— FemaleSuffrage, and Intelligence Suffrage— Test-Oath of Attor neys — Validating certain Proclamations and Acts of the President— Homesteads in South ern States— To suspend the Payment of Boun ties for Slaves Drafted or Volunteered— Bill to Restore the Possession of 'Lands Confiscated by the Rebel Authorities— Proposed Impeach ment of President Johnson, votes and report upon. XVIII. Text of the Reconstruction Meas ures of 39th and 40th Congresses 191-194 Fourteenth Constitutional Amendment— Re construction Act, and Supplement thereto— Copy of Test-Oath — Votes of Legislatures on Xlvth Amendment. XIX. Proclamations and Orders 194-208 President Johnson's Proclamations on the Re- establishment of Civil Authority, on American . Vessels in certain Ports of Japan, respecting Decree of Maximilian, respecting Vessels of the Hawaiian Islands, and declaring Nebraska a State,* his Orders withdrawing the Reward for'the Arrest of John R. Surratt, and Release of Convicts: his Telegrams to Provisional .Governor Throckmorton of Texas, Governor Brownlow of Tennessee, and Montgomery Blair — General,Grant's Order Revoking Order Respecting Disloyal Newspapers — Assigning Commanders to Military Districts under Re construction Bill — Various Orders of said Com manders— Governor Brownlow's Proclamation respecting a State Guard. XX, Judicial Opinions- .209-240 Opinions of Judge Davis and Chief Justice Chase on Military Commissions — Of Judges Field and Miller, Chief Justice Cartter, and Judge Wylie on Test-Oaths— Of Chief Justice . Chase on the Mississippi Injunction Case. XXI. Resolutions of National and State Con ventions ¦ 240-257 Of Philadelphia 14th of August— Of South,, - Loyalists'— Pittsburgh Soldiers and Sailors' — Of Cleveland Soldiers and Sailors' — Platforms of Parties in Connecticut,. Maryland, Ohio, Tennessee, Alabama, Arkansas, North Caro lina, South Carolina, and Virginia— The Ken tucky and Virginia Resolutions of 1798. XXII. Political Miscellany— 257-259 The Elective Franehise in flie States— Pro posed Substitute for XlVth Amendment- Elections of 1867— Recent Legislation in Mary land — Constitutional Conventions — Publio Debt of United States. IF-A-ZEST III--18S8. XXIII. OrderB, letters, Messages, and Votes in the Senate respecting Secretary Stan ton... 261-264 Request for Mr. Stanton's Resignation, and Reply— Secretary Stanton's Suspension, and Action of the Senate thereon— Action of Gen eral Grant— Secretary Stanton's Removal, and votes of Senate thereon— Acceptance of Gen eral Thomas— Secretary Stanton's Letter "Re linquishing Charge," and vote on General Scho- field's Confirmation. XXIV. The Articles of Impeachment and Answer— VoteB in the House, and Judg ment of the Senate.-; 264-282 Vote in House, November 25, 1867— The Final Effort at Impeachment, and Vote of House thereon— Articles of Impeachment, and Votes thereon— Vote on the Legality of the Court— The Answer of President Johnson— The Repli cation of the House— Progress of the Trial— The Judgment of the Senate. XXV. Correspondence between General Grant and President Johnson, growing out of Secretary Stanton's Suspension 282-293 XXVI. Letters, Papers, Testimony, Politico- Military Orders, and Report of General Grant • 293-316 General Grant's Orders respecting Slaves, is sued in the Field— Letters on Slavery and Reconstruction; on being a Candidate for Po litical Office; on Results of "Peace on any Terms;" on Filling the Armies; on Protecting Colored Soldiers— His Testimony on the Ex change of Prisoners— Documents on the Fro- posed Mission to Mexico— On the Baltimore Troubles of 1866— On Martial Law m Texas- Testimony on Reconstruction— Letters on the Removal of General Sheridan and Sec retary Stanton— His Orders and Telegrams to Miliitary Commanders in the Unrecon structed States— Report as Secretary of War ad interim. 8 TABLE OF CONTENTS. XXVII. Digest of Orders of Military Com manders, and General Action under the Reconstruction Acts 316-325 Orders of General Schofield in the First Mili tary District— Orders of Generals Sickles and Canby in the Second Military District— Orders of Generals Pope, Meade, and Swayne in the Third Military District— Orders of Generals Ord, Gillem, and McDowell in the Fourth Mil itary District— Orders of Generals Griffin, Sheridan, Mower, Hancock, and Buchanan, in the Fifth Military District. XXVIII. Abstracts of the new Constitutions of Maryland and New York, of Alabama, Arkansas, Florida, Louisiana, Georgia, North Carolina, South Carolina, Virginia, and Mississippi 326-335 XXIX. Supplemental Reconstruction Meas ures 335-341 Act of July 19, 1867— Act of March 11, 1868— Th6 Arkansas Bill— The "Omnibus" Bill- Votes on all, and on various Propositions made during their pendency. KXX. President Johnson's Proclamations and Orders 342-346 Enjoining Obedience to the Constitution and the Laws — Extending full Pardon to certain Persons who were engaged in the late Rebel lion—Proclaiming a General Amnesty— Order respecting the Transaction of Public Business — Correcting an Error in previous Proclama tion — Orders respecting Reconstruction. XXXI. Members of the Cabinet and the 40 th Congress 347-348 XXXII. Votes on Political Bills and Resolu tions 349-352 To continue the Bureau for the relief of Freed- men and Refugees, and Total Expenditures of the Bureau— Thanks to ex-Secretary Stan ton— Bills respecting the Supreme Court— For the further security of Equal Rights in the District of Columbia— The Eight-Hour Law. XXXIII. Political Miscellany 352-358 Votes of State Legislatures on XlVth Amend ment—Votes by the People on proposed Con stitutional Amendments in Michigan, Ohio, Kansas, and Minnesota— President Johnson's Telegram to ex-Governor Parsons on Ala bama's Ratification of XlVth Amendment- Financial Legislation authorizing tha 6's o'. I 1881, the 5-20's, the 10-40's, the Consolidated J Loan of 1865, LegiW Tenders, Sinking Fund, and Limiting the amount of " Greenbacks." XXXIV. National Platforms of 1852, 1856. 1860 and 1864 356-364 Democratic and Whig Platforms of 1852 — Re publican and Democratic Platforms of 1856, 1860, 1864. XXXV. Republican and Democratic Plat forms of 1868, with the Letters of Accept ance of Candidates, and sundry Proceedings of the Conventions 364-371 XXXVI. Statistical Tables— Elections, Rev enue, Appropriations, &c 372-377 Election Returns since 1860, and Electoral Col lege — Taxation (State and United States) of Na tional Banks — Internal Revenue Receipts of 1867 and 1868— Registration, Disfranchisement, and Elections in the Rebel States — Revenue Receipts since I860, and Annual Expenditures from 1860 to January, 1869 — Expenditures and Appropriations for fiscal years ending June 30, 1858, June 30, 1866, 1807, and till January 1, 1868 together with Appropriations for the year 186&, and Estimates for same. Addenda 378-382 Additional Bill respecting Freedmen's Bu reau — The Electoral College Bill, and Presi dent Johnson's veto, with the votes on re-pas sage— President Johnson's Proclamation on the Ratification of the XlVth Amendment by Florida and North Carolina — General Blair's Letter to Col. Brodhead — Speeches of Mr. Sey mour and General Blair on accepting their Nominations — Secretary Seward's certificate respecting the ratification of XlVth Amend ment—The Funding Bill. :e>.a.:r,t iv~i869. XXXVII. Members of Cabinet of President John son and of 40th Congress, 3d Session. ...383-384 XXXVIII. President Johnson's last Annual Mes- sage, December 7, 1868 384-391 Reconstruction and other controverted sub jects. XXXIX. Political Votes, 40th Congress, 3d Ses sion—Condemnation of President Johnson's proposition respecting payment of the Public Debt 391-397 Condemnatory resolutions in the Senate and House— Vote on Minority Representation— Re moval of Disabilities by General Act— Repre sentation of Georgia— Counting the Electoral Vote— Bill for further Security of Equal Rights in District of Columbia— Bill to Strengthen Public Credit— On Repeal and on Amendment of Tenure-of-Office Act. XL. XVth Constitutional Amendment- 399-406 The Final Vote in Congress — House Joint Res olution, (H. R. 402,) and Proceedings th ereon is both House and Senate — Senate Joint Resolu tion, (S. 8,) and Proceedings thereon in both Houses. XLI. Members of Cabinet of President Grant, and of 41st Congress 416-421 XLII. Political Votes in 1st Session of 41st Con gress 408-415 Additional Reconstruction Legislation — Final Votes on Virginia, Mississippi, and Texas Election Bill— Public Credit Act— Amendment to Tenure-of-Office Act— On Effect of the XVth Amendment as to Mongolians. XLIII. President Grant's Inaugural Address, and Message on Reconstruction, and Official Proclamations of the Year 416-421 President Grant's Inaugural Address— His Mes sage respecting the Reconstruction of Virginia and Mississippi— Final Certificate of Secretary Seward respecting the Ratification of XlVth Amendment— President Johnson's Proclama tion of General Amnesty, December 25, 1888— President Grant's Virginia Election Proclama tion—Respecting Wages of Labor— Relative to Duties upon Merchandise in French Vessels. TABLE OF CONTENTS XLIV. Ordors on Reconstruction:— Additional Military Orders under Reconstruction Acts- New Constitution of Tezas 422-432 Orders from War Department making changes in organization and command of Districts and Departments— AttorneyGeneral Evarts's Letter a3 to Military Aid to United States Marshals- Instructions to General Meade as to Military Aid to Civil Authorities of Georgia — Orders from Headquarters of the Army as to Sentences by Courts Martial — Reassigning certain Generals to Military Districts — Orders of Generals T«rry, Stonoman, Webb, and Canby (including the latter's Test-Oath Letter) in First Military District — Of General Can by in Second District— Of General Meade in the Third— General Orders in the Fourth— Orders of Generals Reynolds and Canby in the Fifth— New Constitution of Texas. XLV. Judicial Decisions of United States Su preme Court— Opinion of Attorney General on Jurisdiction of Military Commissions •433-478 On right of a State to Tax Passengers passing through it— State Taxation of United States Cer tificates of Indebtedness — State Taxation of United States Notes — Clause making United States Notes a Legal Tender for Debts has no reference to State Taxes — Express Contracts to pay Coined Dollars can only be satisfied by payment of Coined Dollars— Status of State of Texas— McCardle Case — Caesar Griffin (Virginia) Case— Can a Negro hold Office in Georgia ?— In termarriage of White and Colored Persons in Georgia — Opinion of Attorney General Hoar as to Jurisdiction of Military Commissions in Texas. XLVI. State PlatformB of 1869 478-488 California— Iowa— Mississippi— Ohio— Penn sylvania—Vermont— Virginia —Washington Territory. XLVII. Votes of State Legislatures on proposed XVth Amendment to Constitution of United States 488-498 Yeas and Nays in Arkansas— Connecticut- Delaware — Florida — Georgia — Illinois— In diana— Kansas — Kentucky — Louisiana — Maine —Massachusetts — Michigan — Missouri — Neva da—New Hampshire— New Jersey— New York- North Carolina — Ohio— Pennsylvania— Rhode Island— South Carolina— West Virginia— Wis- XLVIII. Statistical Tables 499-503 Presidential Election Returns, (Electoral and • Popular Vote)— Official Statement of Public Debt of the United States, July 1, 1869. XLIX. Miscellaneous Matters 504-506 General Sherman's Letter as to the surrender of General Joseph E. Johnston — Mississippi Election Proclamation — Texas Election Proc lamation — Female Suffrage in Massachusetts and in Congress— Proposed Religious Amend ment to United States Constitution— Elections of 1869 in New Hampshire, Rhode Island, Con necticut, Michigan, Virginia, and Washington Territory — Daniel's Virginia Election Dis patch. :p.a:r.t v~isvo. L. Members of Cabinet of President Grant and of 41st Congress, 2d Session 507-508 LI. Judicial Decisions of United States Supreme Court 509-532 On the Validity of Contracts in Confederate Money — Constitutionally of Legal-Tender Clause as it relates to contracts made prior to its adoption — Right of United States Govern ment to Tax State Banks— Right of State Gov ernments to Tax National Banks. LII. President Grant's First Annual and Special Messages, and Proclamation 533-544 First Annual Message— Messages recommend ing early action toward Increase of our Com merce— Urging Ratification of San Domingo Treaty — On Cuban Affairs — Proclamation against Fenian Invasion of Canada. LIII. XVth Amendment 545-562 Special Message on Ratification — Certificate as to Ratification— Act Enforcing XlVth and XVth Amendments— Re.maining Yea and Nay Vptes of State Legislatures on XVth Amend ment. LIV Land Subsidies, 1827-1870 • 563-572 Grant to Indiana in aid of Wabash and Erie Canal— To Illinois for Illinois Central Rail road—To Union Pacific Railroad Company— ' To Northern Pacific Railroad. LV. Restoration of Virginia, Mississippi, and Texas 572-579 Act to admit Virginia— To admit Mississippi— To admit Texas— Various ' Propositions and Votes thereon. LVI. Declaratory Resolutions 579-585 On Repudiation— Purchase of United States Bonds — Increasing the Currency — Tariff- General Amnesty— Validity of the XlVth and XVth Amendments — Re-apportionment of Con gressional Representation. LVII. Banking and Currency .586-596 Act Providing for Redemption of Three Per Cent. Temporary Loan Certificates and for an Increase of National Bank Notes, and Proposi tions offered during its pendency, with Votes thereon. LVIII. The Funding Act 597-604 Act to Authorize Refunding of the National Debt, with Propositions offered during pend ency thereof, and Votes thereon. LIX. Internal Tax and Tariff- 605-609 Propositions offered during the pendency of Tax and Tariff Measures, with Votes thereon, and amount of Reduction of Taxes thereunder. LX. Restoration of Georgia 609-615 Act to Promote the Reconstruction of the State of Georgia— Act relating to the State of Georgia — Propositions and Votes thereon. LXI. Miscellaneous ¦ 618- 624 President's Mjs=age <"i European War and American Shipping — Act to Amend the Natu ralization Laws, with Chinese, and other Prop ositions and Votes thereon— The Cuban ques tion, with Propositions and Votes— Bill Regu lating Ratification of Constitutional Amend ments—New Constitution of Illinois— Plat. forms of Indiana and Ohio. LXII. Statistical Tables -625-630 Area of Land States ; Land Granted to Rail roads, Sold, and otherwise Disposed of, (July 1, 1870,) and amount 1 1 Land Remaining— Reve nue Receipts £nd Reductions— National Debt Statement. . POLITICAL MANUAL FOR 1866. CONSTITUTION OF THE UNITED STATES. ft"E the People of the United-States, in order to form a more perfect .Union,, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to our selves and our Posterity, do ordain and estab lish this Cohstitution for .the United States of America. Article I. Section XT All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of » Senate and House of Representatives. Sec. 2. The House of Representatives shall be composed 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 State Legislature. No Person r.hall be a Representative who shall not have attained to the Age of twenty- five Years, and been seven Years » 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 Taxes shall be ap portioned among the several States which may be included within this Union, according to their respective Numbers, which shall be deter mined by adding to the whole Number of free Persons, including those bound to Service for a Teftn of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three YearB after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Repre sentatives shall not exceed one for every thirty Thousand, but each Stale shall have at Least one Representative ; and until such enumera tion shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts, sight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jer sey four, 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 there of shall issue Writs of Election to. fill such Va cancies. The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeachment. Sec. 3. The Senate of the United States shall be composed of two Senators from each State, ehosen 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, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second. Class at the Expiration of the fourth Year, and of the third Class at the Expi- rafciSn of the sixth Year, so that one-third may be cbiosen 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 States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. 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 Person shall be convicted without the' Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of honour, Trust or Profit under the United States : but the Party convicted shall nevertheless bo liable and subject to Indictment, Trial, Judg ment and Punishment, according to Law,-. Sec. 4. The Times, Places and Manner of hold ing Elections, for Senators and Representatives' POLITICAL MANUAL. chall be prescribed in each State by the Legisla ture thereof ; ' but the Congress may at any time by Law make or alter such Regulations, except as to the place of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Sec. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall consti tute a Quorum to do Business ; but » 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 time publish the same, excepting such Parts as may in their Judg ment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, Bhall, without the Consent of the other, adjourn for more than three days, nor to any other Place ¦than thatin which the two Houses shall be sitting. Sec. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treas ury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same ; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected,- be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been en- creased during such time ; and no Person hold ing any Office under the United States, shall be a Member of either House during his Continu ance in Office. Sim. 7. All Bills for raising Revenue shall originate in the House of Representatives ; but the Senate may propose or concur with Amend ments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States ; If he approve he shall sign it, but if not he shall return it, with his Objec tions to that House in which it shall have origi nated, who shall enter the Obj ectious at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House sh.all agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsid ered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be deter mined by yeas and Nays, and the Names of tho Persons voting for and against the Bill shall be entered on the Journal of each House respec tively. If any Bill shall not be returned by , the President within ten Days (Sundays ex-! cepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if he had signed it, unless the Congress by their Ad journment 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 Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re passed by two-thirds of the Senate and House of Representatives, according to th>; Rules and Limitations prescribed in the Case ot a Bill. Sec. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts and Ex cises shall be uniform throughout the United 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 subject of Bank ruptcies throughout the United States ; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard oi Weights and Measures ; To provide for the Punishment of counter feiting the Securities and current Coin of tho United States ; To establish Post Offices and post Roada , To promote the progress -of Science and use? ful Arts, by securing for limited Times to Au thors and Inventors the exclusive Right to their respective Writings a»d Discoveries ; To constitute Tribunals, inferior to the supreme Court; 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 and ¦. Reprisal, and make Rules concerning Captures 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 ; To make Rules for the Government and Regu lation of the land and naval Forces ; * To provide for calling forth the Militia to execute the Laws of the Union, suppress Insur rections and repel Invasions ; To provide for organizing, arming, and dis- i ciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of Sie Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress ; CONSTITUTION OF THE UNITED STATER. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of 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, Arsenals, Dock- Yards, and other needful Buildings ; — And To make all Laws which shall be necessary and proper for carrying into Execution the fore going Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Sec. 9. 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 Rebellion or Invasion the public Safety may re quire it. No Bill 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 over those of another ; nor shall 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 pres- •ent, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Sec. 10. No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely ne cessary for executing it's inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; »nd all such Laws shall be subject to the Revis ion and Controul of the Congress. No State shall, without the Consent of Con gress lav any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, 01 with a foreign Power, or engage in War, unless actually invaded, or in 6uch imminent Danger as will not admit of Delay. Abticle II. Sec. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress : but no Senator or Representative, or person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [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 they 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 Senate shall, in the Presence of the Senate and House af Rep resentatives, open all the Certificates, and the Votes shall then be counted. The Person hav ing the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed ;- and il there be more than 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 for President. ; anr^ if no Person have a Majority, then from thfe five highest on the List the said House shall ia like Manner chuse the President. But in chus- ing the President, the Votes shall be taken by States, the Representation from each btate hav ing 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 State0 shall be necessary to a Choice. In every Cast. after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who 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 bo the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, 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 * This clause of the Constitution has been aanulled. Sor twelfth article of the Amondmeuts. POLITICAL MANUAL. to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice Presi dent, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or In ability, both of the President and Vice President, 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, » 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 Affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Sec. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; ne may require the Opinion, in writing, of the principal Officer- in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and. Consent of the Senate, to make Treaties, provided two thirds- of the Senators present concur ; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law : but the Congress may by Law vest the Appointment ef such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. 2'he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Sec. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expe dient ; he may, on extraordinary Occasions, con vene both Houses, or either of them, and in Case of Disagreement between them, with Re spect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper ; he shall receive Ambassadors and other public Ministers; and he shall take Care that the Laws be faithfully executed, and he shall Commission all the officers of the United States. Sec. 4. Th6 President, Vice President and all civil Officers of the United States, shall be re moved from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article III. Sec. 1. 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 Judgesj both of the supreme and inferior Courts, shalrl hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Sec. 2. The judicial Power shall extend to all case3, in Law and Equity, arising under this Con stitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ; — to all Cases affecting Ambas sadors, other 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- j tween two or more States ; — between a State and Citizens of another State ; — between Citizens of different States, — between Citizens 'oL the same State claiming Lands under, Grants of different, States, and between a State or. the Citizens j thereof, and foreign States, Citizens or Subjects. ' In all Cases affecting Ambassadors, other pub-| lie Ministers and Consuls, and those iu 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-Jie'ld 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 may by Law have directed. Sec. 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. No Person shallbe convicted of Trea son unless on the Testimony of two Witnesses to the same overt Act, nr 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 Blood, or For feiture except during the Life of the Person at tainted. Article IV. Seo. 1. Full Faith and Credit shall by 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. Sec. 2. The Citizens of each State shall be en titled 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 another 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 tha Crime. No Person held to Service or Labour in on! CONSTITUTION OX THE UNITED STATES. State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Ser vice or Labour, but shall be delivered up on Claim of the Party to whom such Service or 1 Labour may be due. Sec. 3. New States may be 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 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 Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property be longing to the United States ; and nothing in this Constitution shall be so construed as to Pre judice any Claims of the United States, or of any particular State. Sec. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Le- islature cannot be' convened) against domestic Violence. Article V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to thjs Constitution, or, on the Apj plication of the Legislatures of two thirdsof the several States, shall call a Convention for pro posing Amendments, which, in either Case, 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 States, or by Conventions in three fourths thereof, as the one Or the other Mode of Ratification may be proposed by the Congress ; Provided that no Amendment which may be made prior, to the Year one thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Article VI. 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 Confedera tion. This Constitution, and the 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, •¦ shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The- Senators and Representatives before men tioned, and the Members of the several State Legislatures, and all executive and judicial Offi cers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution ; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution- between the States so ratify ing the Same. Amendments. Art. 1. Congress shall make no law respect ing >n establishment of religion, or prohibiting the free exercise thereof; or abridging the free dom of speech, or of the press ; or the right of the people peaceably to assemble, and to peti tion the Government for a redress of grievances. Art. 2. A well regulated Militia, being neces sary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Art. 3. No Soldier shall, in time of peace be quartered in any house, without the consent oi the Owner, nor in time of war, but in a manner to be prescribed by law. Art. 4. The right of the people to be secure in their persons, houses, papers, and effect;, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affir mation, and particularly describing the place to be searched, and the persons or things to be seized. Art. 5. No person shall be held to answer for a capital, or otherwise infamous.crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall becom- pelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. Art. 6. In all criminal prosecutions, the ac cused shall enjoy the right to a speedy and pub lic trial, by an impartial jury of the State and district wherein the crime shall have been com mitted, 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 against him ; to have Compulsory process for obtaining Witnesses in his favour, and to have the Assistance of Coun sel for his defence. Art. 7. In Suits at common law, where the value in controversy shall exceed twenty dol lars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-exa-mined in any Court of the United States, than according to the rules of the common law. Art. 8. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and un usual punishments inflicted.. Art. 9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Art. 10. The powers not delegated to the United States by the Constitution, nor prohibi ted by it to the States, are reserved to the States respectively, or to the people. Art. 11. The Judicial power of the United POLITICAL MANUAL. States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Art. 12. The Electors shall meet in their respective states, and vote by ballot for Presi dent and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice- President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ;— The President of the Senate shall, in presence of the Senate and House of Representatives, open all the cer tificates and the Votes shall then be counted ; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed ; .and if no person have such majority, then- from the persons -having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Rep resentatives shall not choose a President when ever the right of choice sball devolve apon them, before thefourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if ssuch number be a majority of the whole number of Electors ap pointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quo rum 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 constitutionally ineligi ble to the office of President shall be eligible to that of Vice-President of the United States. Mr. Seward's Certificate of the Anti-Slavery Amendment, known as the 13th Amendment. WILLIAM H. SEWARD, SECRETARY OP STATE OF THE TOITED STATES, To all to whom these presents may come, greeting : i Know ye, that whereas the Congress of the ' United States on the 1st of February last passed a resolution which is in. the words following, uamely \ " A resolution submitting to the Legislatures of the several States a proposition to amend the Constitution of the United States. " Resolved by the Senate and House of Mepre- sentat-wes of the United States of America m Congress assembled, (two- thirds of both Houses concurring,) That the following article be pro; posed 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 aU intents and purposes, as a part of the said Constitution, namely : Article XIII. "Sec 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly con victed, 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.'' And whereas it appears from official docu ments on file in this Department that the amendment to the Constitution of the United States, proposed as aforesaid, has been ratified by the Legislatures of the States of Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Ver mont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia, — in all, twenty-seven States ; And whereas the whole number of States in the United States is thirty-six, and whereas the before specially-named States, whose Legislatures have ratified the said proposed amendment, con stitute three-fourths of the whole number of States in the United States : Now, therefore, be it known that I, William H. Seward, Secretary of State of the United States, by virtue and in pursuance of the second section of the act of Congress approved the twentieth of April, eighteen hundred and eighteen, entitled " An act to provide for the publication of the laws of the United States and for other purposes," do hereby certify that the amendment aforesaid has become valid, to all intents and purposes, as a part of the Constitution of the United States. In testimony whereof I have hereunto set my hand and caused the seal of the Department of State to be affixed. Done at the city of Washington this eighteenth day of December, in the year of our Lord [seal] one thousand eight hundred and sixty- five, and of the Independence of tho United States of America the ninetieth. William H. Seward, Secretary of State. [New Jersey, Oregon,, California and Iowa ratified subsequently to the date of this certifi cate, as did Florida in the same form as South Carolina and Alabama.] II. PRESIDENT JOHNSON'S ORDERS AND PROCLAMATIONS. Respecting Commercial Intercourse with In surrectionary States, April 29, 1865. Executive Chamber, Washington, April 29, 1865. Being desirous to relieve all loyal citizens and Well-disposed persons, residing in insurrectionary States, from unnecessary commercial restrictions, and to encourage them to return to peaceful pur suits, It is hereby ordered .- I. That all restrictions upon internal, domes tic, and coastwise commercial intercouise be dis continued in such parts of the States of Tennes see, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of Louisiana as lies east of the Mississippi river, as shall be embraced within the lines of national military occupation, excepting only such restrictions as are imposed by acts of Congress and regulations in pursuance thereof, prescribed by the Secretary oi the Treasury, and anproved by the President ; and excepting also from the effect of this order the following articles contra band of war, to wit : arms, ammunition, all arti cles from which ammunition is manufactured, gray uniforms and clotii, locomotives, cars, rail road iron, and machinery for operating railroads, telegraph wires, insulators, and instruments for operating telegraphic lines. II. All existing military and naval orders in any manner restricting internal, domestic, and coastwise commercial intercourse and trade with or in the localities above named be, and the same are hereby revoked; and that no military or naval officer, in any manner, interrupt or inter fere with the same, or with any boats or other vessels engaged therein, under proper authority, pursuant to the regulations of the Secretary of the Treasury. Andrew Johnson. Executive Order for the Trial of the Alleged Assassins of President Linooln, May 1, 1865. Executive Chamber, Washington" Cut, May 1, 1865. Whereas, the Attorney General of the United States hath given his opinion : That the persons implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Honorable Wil liam H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of tho. Federal Government at Washington city, and their aiders and abettors, are subject to tho jurisdiction of, and lawfully triable before, a mili tary commission : It is Ordered ¦ 1st, That the Assistant Adju tant General detail nine competent military offi cers to serve as a commission for the trial of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offences, and bring them to trial be fore said military commission ; that said trial or ,trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such assistant and special judge advocates as he may designate ; and that- said trials be conducted with all diligence consistent with the ends of justice : the said commission to sit with out regard to hours. 2d. That Brevet Major General Hartranft be assigned to duty as special provost marshal general, for the purpose of said trial, and at tendance upon said commission, and the execu tion of its mandates. 3d. That the said commission establish such order or'rules of proceedings as may avoid un necessary delay, and conduce to" the ends of pub lic justice. * , Andrew Johnson. order for the execution of the sentence of the commission. Executive Mansion, July 5, 1865. The foregoing sentences in the cases of David E. Herold, G. A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt and Samuel A. Mudd, are here by approved, and it is ordered that the sentences of said David E. Herold, G. A. Atzerodt, Lewis Payne, and Mary E. Surratt, be carried into exe cution by the proper military authority, under the direttion of the Secretary of War, on the 7th day of July, 1865, between the hours of 10 o'clook, a. m., and 2 o'clock, p. m., of that day. It is further ordered, thai the prisoners, Samuel Ar nold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, be confined at hard labor in the penitentiary at Albany, New York, during the period designated in their respective sen tences. Andrew Johnson, President. [By an order dated J^uly 15, the place of con finement, as to the four last mentioned, was changed to the "military prison at Dry Tortu- gas, Florida."] For the Arrest of Jefferson Davis, Clement C. Clay, and others, May 2, 1865. Whereas it appears from evidence in the Bu reau of Military Justice that the atrocious mur der of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William IT. Steward, Secretary of State, were in cited, concerted, and procured by and between Jefferson Davis, late of Richmond, Virginia, and Jacob Thompson, Clement C. Clay, Beverly Tucker, George N. Sanders, William C. Cleary, 8 POLITICAL MANUAL. and other rebels and traitors against the Gov ernment of the United States, harbored in Canada : Now, therefore, to the end that justice may be done, I, Andrew Johnson, President of the United States, do offer and promise for the arrest of said persons, or either of them, within the limits of the United States, so that they can be brought to trial, the following rewards : One hundred thousand dollars for the arrest of Jefferson Davis. Twenty-five thousand dollars for the arrest of Clement C. Clay* Twenty-five thousand dollars for the arrest of Jacob Thompson, late of Mississippi. Twenty-five thousand dollars for the arrest of George N. Sanders. Twenty-five thousand dollars for the arrest of Beverly Tucker. Ten thousand dollars for the arrest of William C. Cleary, late clerk of Clement C. Clay. The Provost Marshal General of the United States is directed to cause a description of said persons, with notice of the above rewards, to be published. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this second day of May, in the year of our Lord one rT „ -i thousand eight hundred and sixty-five, l "i and of the Independence of the United States of America the eighty -ninth. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Executive Order to Re-establish the Authority of the United States, and Execute the Laws within the Geographical Limits known as the State of Virginia. Executive Chamber; Washington City, May 9, 1865. Ordered — First. That all acts and proceed ings of the political, military, and civil organiza tions which have been in a state of insurrection and rebellion, within the State of Virginia, against the authority and laws of the United States, and of which Jefferson Davis, John Letcher, and William Smith were late the respec tive chiefs, are declared null and void. All persons who shall exercise, claim, pretend, or at tempt to exercise any political, military, or civil power, authority, jurisdiction, or right, by, through, or under Jefferson Davis, late of the *Mr. Clay was released under this order: Wab Department, Adjutant General's Office, Washington, April 17, 1866. Maj. Gen. N. A. Miles, Commanding, t£c., Ibrtress Monroe, Virginia: Ordered, That Clement C. Clay, Jr., is hereby released from confinement, and permitted to return to and remain- in the State of Alabama, and to visit such other places in the United States as his nersonal business may render abso lutely necessary, upon tne following conditions, viz : that he takes the oath of allegiance to the United States, and gives his parole of honor to conduct himself as a loyal citi zen of the same, and to report himself in person at any time and place to answor any charges that may hereaftor be pre pared against him by the United States. Please report receipt and execution of this order. By order of tho President of the Un-ited States : E. D. TOWNSEND, Assistant Adjutant General. city of Richmond, and his confederates, oi under John Letcher or William Smith and their con federates, or under any pretended political, mili tary, or civil commission or authority issued by them, or either of them, since the 17th day of April, 1861, shall be deemed and taken as in rebellion against the United States, and shall be dealt with accordingly. Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the Depart ment of State, applicable to the geographical limits aforesaid. Third. That the Secretary of the Treasury proceed, without delay, to nominate for appoint ment, assessors of taxes and collectors of customs and internal revenue, andsuch otherofficers of the Treasury Department as are authorized by law, and shall put into execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the pref erence shall be given to qualified loyal persons residing within the districts where their respec tive duties are to be performed. But if suitable persons shall not be found residents of the dis tricts, then persons residing in other States or districts shall be appointed. Fourth. That the Postmaster General shall proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the said States, giving to loyal residents the preference of appointment ; but if suitable persons are not found, then to ap point agents, Ac, from other States. Fifth. That the district judge of said district proceed to hold courts within said State, in accordance with the provisions of the acts of Congress. The Attorney General will instruct the proper officers to libel and bring to judgment, confiscation, and sale, property subject to confis cation, and enforce the administration of justice within said State, in all matters civil and criminal within the cognizance and jurisdiction of the Federal courts. Sixth. That the Secretary of War assign such assistant provost marshal general, and such provost marshals in each district of said State as he may deem necessary. Seventh. The Secretary of the Navy will take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of Congress in relation to- naval affairs having application to the said State. Eighth, The Secretary of the Interior will also put in force the laws relating to the Depart ment of the Interior. Ninth. That to carry into effect the guarantee of the Federal Constitution of a republican form of State government, and afford the advantage and security of domestic laws, as well as to com plete the re-establishment of the authority of the laws of the United States, and the full and com plete restoration of peace within the limits afore said, Francis H. Pierpoint, Governor of the State of Virginia, will be aided by the Federal Govern ment, so far as may be necessary, in the lawful measures which he may take for the extension and administration of. the State Government throughout the geographical limits of said State, ORDERS AND PROCLAMATIONS. In testimony whereof, I have hereunto set my [seal 1 han<^ and- caused the seal of the United *¦¦ '¦' States to be affixed. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Equality of Bights with all Maritime Nations, May 10, 1865. Whereas the President of the United States, by his proclamation of the nineteenth day of April, one thousand eight hundred and sixty- one, did declare certain States therein mentioned in insurrection against the Government of the United States ; * And whereas armed resistance to the authority of this Government in the said insurrectionary States may be regarded as virtually at an end, and the persons by whom that resistance, as well as the operations of insurgent cruisers, were di rected, are fugitives or captives ; And whereas it is understood that some of those cruisers are still infesting the high seas, and others are preparing'to capture, burn, and destroy vessels of the United States : Now, therefore, be it known, that I, Andrew Johnson, President of the United States, hereby enjoin all naval, military, and civil officers of the United States, diligently to endeavor, by all lawful means, to arrest the said cruisers, and to bring them into a port of the United States, in . order that they may be prevented from com mitting further . depredations on commerce, and that the persons on board of them may no longer enj oy impunity for their crimes. And I further proclaim and declare, that if, after a reasonable time shall have elapsed for this proclamation to become known in the ports of nations claiming to have been neutrals, the said insurgent cruisers and the persons on board of them shall continue to receive hospitality in the said ports, this Government will deem itself justified in refusing hospitality to the public vessels of such nations in ports of the United States, and in adopting such other measures^ as may be deemed advisable towards vindicating the national sovereignty. 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 tenth day of May, in the year of our Lord one r - thousand eight hundred and sixty-five, t S'J and of the independence of the United States of America the eighty:pinth. Andrew Johnson. By the President: W. Hunter, Acting Secretary of Stati. Commercial Intercourse and the Blockade, May 22, 1865. Whereas, by the proclamation of the President of the eleventh day of April last, certain ports of the United States therein specified, which had previously been subject to blockade, were, for objects of public safety, declared, in conformity with previous special legislation of Congress, to be closed against foreign commerce during the national will, 'to be thereafter expressed and made known by the President; and whereas events and circumstances have since occurred which, in my judgment, render it expedient to remove that restriction, except as to the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel,) and Brownsville, in the State of Texas : Now, therefore, b< it known that I, Andrew Johnson, President of the United States, do here by declare that the ports aforesaid, not. excepted as above, shall be open to foreign commerce from and after the first day of July, next; that commercial intercourse with the said ports may, from that time, be carried on, subject to the laws of the United States, and in pursuance of such regulations as may be prescribed by the Secre tary of the Treasury. If, however, any vessel from a foreign port shall enter any of the before- named excepted ports in the State of Texas, she will continue to be held liable to the penalties prescribed by the act of Congress approved on the thirteenth day of July, eighteen hundred and sixty-one, and the persons on board of her to such penalties as may be incurred, pursuant to the laws of war, for trading, or attempting to trade, with an enemy. And I, Andrew Johnson, President of the United States, do hereby declare and m ake known that the United States of America do, henceforth, disallow to all persons trading, or attempting to trade, in any ports of the United States in vio lation of the laws thereof, all pretence of bel ligerent rights and privileges, and 1 give notice that, from the date of this proclamation, all such offenders will be held and dealt with as pirates. It is also ordered that all restrictions upon trade heretofore imposed in the territory of the United States east of the Mississippi river, save those relating to contraband of war, to the reservation of the rights of the United States to property purchased in the- territory of an enemy, and to the twenty-five per cent.. upon purchases of cotton, are removed!! All provisions of the internal revenue law will be carried into effect under the proper officers. In witness whereof I have hereunto set my hand and caused the seal of the United States to .be affixed. Done at the city of Washington, this twenty- second day of May, in the year of our Lord one thousand eight hundred and [seal.] sixty-five, and of the Independence of the United States of America the eighty- ninth. Andrew Johnson. By the President : W. Hunter, Acting Secretary of State. Of Amnesty, May 29, 1865. Whereas the President of the United States, on the 8th day of December, A. D. eighteen hundred and sixty-three, and on the 26th day of March, A. D. eighteen hundred and sixty- four, did, with the object to suppress the exist ing rebellion, to induce all persons to return to their loyalty, and to restore the authority of the United States, issue proclamations offering am nesty and pardon to certain persons who had directly, or by implication, participated in the said rebellion ; and whereas many persons who had so engaged in said rebellion, nave, since the 10 POLITICAL MANUAL, issuance of said proclamations, failed or neg lected to take the benefits offered thereby ; and whereas many persons who have been justly de prived of all claim to amnesty and pardon there under by reason of their participation, directly or by implication, in said rebellion, and con tinued hostility to the Government of the United States since the date of said proclamations, now desire to apply for and obtain amnesty and pardon : To the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be established, I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have, directly or indirectly, participated in the existing rebel lion, except as hereinafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, and except in cases where legal proceedings, under the laws of the United States providing for the confiscation of property of persons engaged in rebellion, have been insti tuted; but upon the condition, nevertheless, that every such person shall take and subscribe the following oath (or affirmation), and thence forward keep and maintain said oath inviolate ; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit: " I, , do solemnly swear (or affirm), in presence of Almighty God, that I will hence forth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder ; and that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion, with reference to the emancipation of slaves : So help me God." The following classes of persons are excepted from the benefits of this proclamation : 1st. All who are or shall have been pretended civil or diplomatic officers or otherwise domestic or foreign agents of the pretended, government. 2d. All who left judicial stations under .the United States to aid the rebellion. 3d. All who shall have been military or naval officers of said pretended confederate govern ment above the rank of colonel in*the army, or lieutenant in the navy. 4th. All who left seats in the Congress of the United States to aid the rebellion. 5th. All who resigned or tendered resignations of their commissions in the army or navy of the United States, to evade duty in resisting the rebellion. 6th. All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in other capaci ties. 7th. All persons who have been or are absen tees from the United States for the purpose of aiding the rebellion. 8th. All military and naval officers, in the rebel service, who were educated by the Govern ment in the Military Academy at West Point or the United States Naval Academy. 9th. All persons who held the pretended offices of governors of States in insurrection against the United States. " 10th. All persons who left their homes withm the jurisdiction and protection of the United States, and passed beyond the Federal military lines into the pretended confederate States for the purpose of aiding the rebellion. 11th. All persons who have been engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the com merce of the United States upon the lakes and rivers that separate the British Provinces from the United States. 12th. All persons who, at the time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval, or civil confinement, or custody, or under bonds of the civil, military, or naval authorities, or agents of the United States, as prisoners of war, or per sons detained for offences of any kind, either before or after conviction. 13th. All persons who have voluntarily par ticipated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars. 14th. AU persons who have taken the oath of amnesty as prescribed in the President's pro clamation of December 8, A. D. 1863, or an oath of allegiance to the Government of the United States since the date of said proclama tion, and who thenceforward kept and main tained the same inviolate. Provided, That special application may be made to the President for pardon by any person belonging to the excepted classes; and such clemency will be liberally extended as mav be consistent with the facts of the case and" the peace and dignity of the United States. The Secretary of State will establish rules and regulations for administering and recording said amnesty oath, so as to insure its benefit to the people, and guard the Government against fraud. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, the twenty- ninth day of May, in the year of our Tseai, 1 kord one thousand eight hundred and L ,J sixty-five, andof the Independence of the United States the eighty -ninth. Andrew Johnson. By the President : William H. Seward, Secretary of State. circular. Department op State, Washington, May 29, 1865. Sir: A copy of the President's amnesty, proc lamation of this date is herewith appended! By a clause in the instrument, the Secretary of State is directed to establish rules and regula tions for administering and recording the am nesty oath, so as to insure its benefit to the peo ple and guard the Government against fraud. Pursuant to this injunction, you are informed that the oath prescribed in the proclamation '. may be taken and subscribed before any com- ORDERS AND PROCLAMATIONS. 11 missioned officer, civil, military, or naval, in the service of the United States, or any civil or mili tary officer of a loyal State or Territory, who, ( by the laws thereof, may be qualified for admin istering oaths. All officers who receive such oaths are hereby authorized to give certified copies thereof to the persons respectively by whom they were made. And such officefs are hereby required to transmit the originals of such oaths, at as early a day as may be convenient, to this Department, where they will be depos ited, and remain in the archives of the Govern ment. A register thereof will be kept in the Department, and on application, in proper cases, certificates will be issued of such records in the customary form of official certificates. I am, sir, your obedient servant, William H. Seward. Appointing "William "W. Holden Provisional Gov ernor of North Carolina, May 29, 1865. Whereas the fourth seotion of the fourth article of the Constitution of the United States declares that the United States shall guarantee to every State in the Union a republican form of gov ernment, and shall protect each of them against invasion and domestic violence ; and whereas the President of the United States is, bythe Con stitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the Govern ment thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil gov ernment ; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Carolina, in securing- them in the enjoyment of a republican form of government : Now, therefore, in obedience to the high and solemn duties imposed upon me by the Consti tution of the United States, and for the purpose of enabling the loyal people of said State to organ ize a State government, whereby justice may be established, domestic tranquillity insured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of (ihe United States, and Commander- in-Chief of the army and navy of the United States, do hereby appoint William W. Holden Provisional Governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said State who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with au thority to exercise, within the limits of said State, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said State to its constitutional relations to the Federal Government, and to present such a republican form of State government as will entitle the State to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic violence; Provided, that in any election that may be hereafter held for choosing delegates to any State convention, as aforesaid^ no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken the oath of amnesty, as set forth in the President's proc lamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the Constitution and laws of the State of North Carolina, in force immediately before the 20th day of May, 1861, the date of the so-called ordinance of secession ; and the said convention when convene^, or the Legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the Constitution ana laws of the State, a power the people of the several States composing the Fed eral Union have rightfully exercised from the origin of the Government to the present time. And I do hereby direct : First. That the military commander of the Department, and all officers and persons in the military and naval service aid and assist the said Provisional Governor in carrying into effect this proclamation, and they are enjoined to ab stain from, in any way, hindering, impeding, or discouraging the loyal people from the organiza tion of a State Government, as herein authorized. Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State De partment, applicable to the geographical limits aforesaid. Third. That the Secretary of the Treasury proceed to nominate for appointment assessors of taxes and collectors of customs and internal rev enue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference Bhall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But, if suitable residents of the districts shall not be found, then persons residing in other States or districts shall be appointed. Fourth. That the Postmaster General proceed to establish post offices and post routes, and put into execution the postal laws of the United States within the said State, giving to loyal resi dents the preference of appointment ; but if suit able residents are not found, then to appoint agents, &c, from other States. Fifth. That the district judge for the judicial district in which North Carolina is included pro ceed to hold courts within said State, in accord ance with the provisions of the act of Congress. The Attorney General will instruct the proper officers to libel, and bring to judgment, confisca tion and sale, property subject to confiscation, and enforce the administration of justice within said State in all matters within the cognizance and jurisdiction of the Federal courts. 12 POLITICAL MANUAL. Sixth. That the Secretary of the Navy take possession of all public property belonging to the Navy Department, within said geographical limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State. Seventh. That the Secretary of the Interior put in force the laws relating to the Interior Department, applicable to the geographical limits aforesaid. In testimony whereof, I have hereunto set my hand and caused the great seal of the United States to be affixed. Done at the city of Washington, this twenty- ninth day of May, in the year of our r i Lord one thousand eight hundred and L ' '* sixty-five, and of the Independence of the United States the eighty-ninth. Andrew Johnson. By the President : William H. Seward, Secretary of State. 1865, June 13 — A like proclamation was issued, appointing William L. Sharkey, Pro visional Governor of Mississippi. 1865, June 17 — James Johnson appointed Pro visional Governor of Georgia. 1865, June 17 — Andrew J. Hamilton appointed Provisional Governor of Texas. 1865, June 21 — Lewis E. Parsons appointed Provisional Governor of Alabama. 1865, June 30 — Benjamin F. Perry appointed Provisional Governor of South Caro lina. 1865, July 13 — William Marvin appointed Provisional Governor of Florida. Orders Respecting Freedmen. Executive Mansion, Washington, D. C, June 2, 1865. Whereas, By an act of Congress,, approved March 3, 1865, there was established in the War Department a Bureau of Refugees, Freedmen, and Abandoned Lands, and to which, in accord ance with the said act of Congress, is committed the supervision and management of all aban doned lands, and the control of all subjects relat ing to refugees and freedmen from rebel States, or from any district of country within the terri tory embraced in the operations of the army, under such rules and regulations as may be pre scribed by the head of me bureau, and approved by the President ; and whereas, it appears that the management of abandoned lands, and sub jects relating to refugees and freedmen, as afore said, have been, and still are, by orders based on military exigencies, or legislation based on previous statutes, partly in the hands of military officers disconnected with said bureau, and part ly in charge of officers of the Treasury Depart ment ; it is therefore Ordered, That all officers of the Treasury Department, all military officers and others in the service of the United States, turn over to the authorized officers of said bu reau all abandoned lands and property contem plated in said act of Congress, approved March third, eighteen hundred and sixty-five, estab lishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that may now be under or within their control. They will also turn over to such officers all funds collected by tax or otherwise for the benefit of refugees or freedmen, or accruing from abandoned lands or property set apart for their use, and will transfer to them all official records connected with the adminis tration of affairs which pertain to said Bureau. Andrew Johnson. By order of the Secretary of War : E. D. Townsend, Ass't Adj't General. Circular No. 15. War Department, Bureau Refugees, Freedmen, and Abandoned Lands, Washington, D. C, September 12, 1865. I. Circular No. 13, of July 28, 1865, from this bureau, and all portions of circulars from this bureau conflicting with the provisions of this circular, are hereby rescinded. II. This bureau has charge of such " tracts of land within the insurrectionary States as shall have been abandoned, or to which the United States shall have acquired- title by confiscation or sale, or otherwise, and no such lands now in its possession shall be surrendered to any claim ant except as hereinafter provided. III. Abandoned lands are defined in section 2 of the%ct of Congress, approved Jnly 2, 1864, as lands, " the lawful owner whereof shall be voluntarily absent therefrom, and engaged either in arms or otherwise in aiding or encouraging the rebellion." IV. Land will not be regarded as confiscated until it has been condemned and sold by decree of the United States court for the district in which the property may be found, and the title thereto thus vested in the United States. V. Upon its appearing satisfactorily to any assistant commissioner that any property under his control is not abandoned as above defined, and that the United States has acquired no title to it by confiscation, sale or otherwise, he will formally surrender it to the authorized claimant or claimants, promptly reporting his action to the Commissioner. VI. Assistant commissioners will prepare accu rate descriptions of all confiscated and abandoned lands under their control, keeping a record there of themselves, and forwarding monthly to the Commissioner copies of these descriptions in the manner prescribed in circular No. 10, of July 11 , 1865, from this bureau. They will set apart so much of said lands as is necessary for the immediate use of loyal refu gees and freedmen, being careful to select for this purpose those lands which most clearly fall under the control of this bureau, which selection must be submitted to the Commissioner for his approval. The specific division of lands so set apart into lots, and the rental or sale thereof, according to section 4 of the law establishing the bureau, will be completed as soon as practicable, and reported to the Commissioner. VII. Abandoned lands held by this bureau may be restored to owners pardoned by the Pres ident, by the assistant commissioners, to whom applications for such restoration should be for warded, so far as practicable, through the super intendents of the districts in which the lands are situated. ORDERS AND PROCLAMATIONS. 13 Each application must be accompanied by — 1st. Evidence of special pardon by the Presi dent, or a copy of the oath of amnesty pre scribed in the President's proclamation of May 29, 1865, when the applicant is not included in any of the classes therein excepted from the benefits of said oath. 2d. Proof of title. Officers of the bureau through whom the ap plication passes will indorse thereon such facts us may assist the assistant commissioner in his decision, stating especially the use made by the Dureau of the land. VIII. No land under cultivation by loyal refugees or freedmen will be restored under this circular, until the crops now growing shall be secured for the benefit of the cultivators, unless full and just compensation be made for their labor and its products, and for their expendi tures. 0. 0. Howard, Major General, Commissioner. Approved: Andrew Johnson, President of the United States. For the Return to Persons Pardoned, of their Property. Executive Office, August 16, 1865. Respectfully returned to the Commissioner of Bureau Refugees, Freedmen, &c. The records of this office show that B. B. Leake was spe cially pardoned by the President on the 27th ultimo, and was thereby restored to all his rights of property, except as to slaves. Notwithstand ing this, it is understood that the possession of his property is withheld from him. I have, therefore, to direct that General Fisk, assistant commissioner at Nashville, Tennessee, be in structed by the Chief Commissioner of Bureau of Freedmen, &c, to relinquish possession of the property of Mr. Leake, held by him as assistant commissioner, &c, and that the same be imme diately restored to the said Leake. The same action will be had in all similar cases.* Andrew Johnson, President United States To 0. 0. Howard, Maj. General, Com'r Freedmen's Affairs. Respecting Commercial Intercourse, and the Suppression of the Robellion in the State of Tennessee, June 13, 1865. Whereas by my proclamation of the twenty- ninth of April, one thousand eight hundred and sixty-five, all restrictions upon internal, * Extract from letter of General Howard, April 23, 1866, in reply to resolution of the House of Representatives of March 5, 1866: . " In complying with these definite instructions, the bu reau has been compelled to part with the greater portion of the property once under its control. Except in the very few cases where property has been actually sold under tho act of July 17, 1862, and in that portion of South Carolina and Georgia embraced in the provisions of General Sher man's Field Order No. 15, its tenure of property has been too uncertain to justify allotments to freedmen. Property seized under act of July, 1862, and re stored by this bureau 15,4DZ Abandoned property allotted to freedmen and re stored by this bureau.. 14,652 Abandoned property not allotted to freedmen re stored by this bureau 400,000 total *3C104" domestic, and commercial intercourse, with cer tain exceptions therein specified and set forth, were removed " in such parts of +he States of Tennessee, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of Louisiana as lies east of the Mississippi river, as shall be embraced within the lines of national military occupation ; * *" And whereas by my proclamation of the twenty-second of May, one thousand eight hundred and sixty-five, for reasons therein given, it was declared that certain ports of the United States which had been previously closed against foreign commerce, should, with certain specified exceptions be reopened to such commerce, on and after the first day of July next, subject to the laws of the United States, and in pursuance of such regulations as might be prescribed by the Secretary of the Treasury ; And whereas I am satisfactorily informed, that dangerous combinations against the laws of the United States no longer exist within the State of Tennessee ; that the insurrection here tofore existing within said State has been sup pressed ; that w ithin the boundaries thereof the authority of the United States is undisputed ; and that such officers of the United States as have been duly commissioned are in the undis turbed exercise of their official functions : Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby declare that all restrictions upon in ternal, domestic, and coastwise intercourse and trade, and upon the removal of products of States heretofore declared in insurrection, re serving and excepting only those relating to contraband of war, as hereinafter recited, and also those which relate to the reservation of the rights of the United States to property purchased in the territory of an enemy, heretofore im posed in the territory of the United States east of the Mississippi river, are annulled, and I do hereby direct that they be forthwith removed ; and that on and after the first day of July next all restriction upon foreign commerce with said ports, with the exception and reservation afore said, be likewise removed ; and that the com merce of such States shall be conducted under the supervision of the regularly appointed officers of the customs provided by law ; and such officers of the customs shall receive any captured and abandoned property that may be turned over to them, under the law, by the military or naval forces of the United States, and dispose of such property as shall be directed by the Secretary of the Treasury. The following articles contraband of war are excepted from the effect of this proclamation : arms, ammunition, all articles from which ammunition is made, and gray uniforms and cloth. And I hereby also proclaim and declare that the insurrection, so far as it relates to, and within the State of Tennessee, and the inhabi tants of the said State of Tennessee as re-organ ized and constituted under their recently adopted constitution and reorganization, and accepted by them, is suppressed, and therefore, also, that all the disabilities and disqualifications attach ing to said State and the inhabitants thereof 14 POLITICAL MANUAL. consequent upon any proclamations, issued by virtue of the fifth section of the act entitled " An act further to provide for the collection of duties on imports and for other purposes," approved the thirteenth day of July, one thousand eight hundred and sixty-one, are removed. But nothing herein contained shall be consid ered or construed as in any wise changing or impairing any of the penalties and forfeitures for treason heretofore incurred under the laws of the United States, or any. of the provisions, restrictions, or disabilities set forth in my proc lamation, bearing date the twenty -ninth day of May, one thousand eight hundred and sixty- five, or as impairing existing regulations for the suspension of the habeas corpus, and the exercise of military law in cases where it shall be neces sary for the general public safety and welfare during the existing insurrection ; nor shall this proclamation affect, or in any way impair, any laws heretofore passed by Congress, and duly approved by the President, or any proclamations or orders, issued by him, during the aforesaid in surrection, abolishing slavery, or in any way affecting the relations of slavery, whether of per sons or of property ; but on the contrary, all such laws and proclamations heretofore made or issued are expressly saved, and declared to be in full force and virtue. In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this thir teenth day of June, in the year of our Lord one thousand eight hundred and [seal.] sixty -five, and of the independence of the United States of America the eightv- ninth. Andrew Johnson. By the President : William H. Sew a bo, Secretary of State. Blockade Rescinded, June 23, 1865, Whereas by the proclamation of the Presi dent of the \fifteenth and twenty-seventh of April, eighteen hundred and Bixty-one, a block ade of certain ports of the United States was set on foot ; but whereas the reasons for that measure have ceased to' exist : Now, therefore, be it known that I, Andrew Johnson, President of the United States, do hereby declare and proclaim the blockade aforesaid to be rescinded as to all the ports aforesaid, includ ing that of Galveston and other ports west of the Mississippi river, which ports will be open to foreign commerce on the first of July next, on the terms and conditions set forth in my proclamation of the twenty-second of May last. It is to be understood, however, that the block ade thus rescinded was an international measure for the purpose of protecting the sovereign rights of the United States. The greater or less sub version of civil authority in the region to which it applied, and the impracticability of at once restoring that in due efficiency, may, for a season, make it advisable to employ the army and navy of the United States towards carrying the laws into effect, wherever such employment may be necessary. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty- third day of June, in the year of our r n Lord one thousand eight hundred and LL- S-J sixty-five, and of the Independence of the United States the eighty-ninth. Andrew Johnson. By the President : W. Hunter, Acting Secretary of State. Further Removal of Restrictions. August 29, 1865. Whereas by my proclamations of the thir teenth and twenty-fourth of June, one thousand eight hundred and sixty-five, removing restric tions, in part, upon internal, domestic, and coast wise intercourse and trade with those States recently declared in insurrection, certain articles were excepted from the effect of said proclama tions as contraband of war ; and whereas the necessity for restricting trade in said articles has now, in a great measure, ceased : It is hereby ordered, that on and after the 1st day of Sep tember, 1865, all restrictions aforesaid be re moved, so that the articles declared by the said proclamations to be contraband of war may be imported into and sold in said States, subject only to such regulations as the Secretary of the Treasury may prescribe. ' In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty- ninth day of August, in the year of our r 1 Lord one thousand eight hundred and L ' '* sixty-five, and of the Independence of the United States of America the ninetieth. Andrew Johnson. By the President : William H. Seward, Secretary of State. Passports for Paroled Prisoners. Department of State, Washington, August 25, 1865. Paroled prisoners asking passports as citizens of the United States, and against whom no spe cial charges may be pending, will be furnished with passports upon application therefor to the Department of State in the usual form. Such passports will, however, be issued upon the con dition that the applicants do not return to the United States without leave of the President. Other persons implicated in the rebellion, who may wish to go abroad, will apply to the De partment of State for passports, and the appli cations will be disposed of according to the merits of the several cases. By the President of the United States. William H. Seward. Paroling certain State Prisoners. Executive Office, Tm. ^ .Washington, October 11, 1865 Whereas the following named persons, to wit- John A. Campbell, of Alabama ; John H Rea gan, of Texas; Alexander H. Stephens of Georgia; George A. Trenholm, of South Caro lina; and Charles Clark, of Mississippi lately ORDERS AND PROCLAMATIONS. 15 engagod in rebellion against the United States Government, who are now in close custody, have made their submission to the authority of the United States and applied to the President for pardon under his proclamation ; and whereas, the authority of the Federal Government is suf ficiently restored in the aforesaid States to admit of the enlargement of said persons from close custody, it is ordered that they be released on giving their respective paroles to appear at such time and place as the President may designate, to answer any charge that he may direct to be preferred against them ; and also that they will respectively abide until further orders in the places herein designated, and not depart there from : John A. Campbell, in the State of Ala bama ; John H. Reagan, in the State of Texas ; Alexander H. Stephens, in the State of Georgia; George A. Trenholm, in the State of South Caro lina ; and Charles Clark, in the State of Missis sippi. And if the President should grant his pardon to any of said persons, such person's parole will be thereby discharged. Andrew Johnson, President. Martial Law Withdrawn from Kentucky, Octo ber 12, 1865. Whereas by a proclamation of the fifth day of July, one thousand eight hundred and sixty- four, the President of the United States, when the civil war was flagrant, and when combina tions were in progress in Kentucky for the pur pose of inciting insurgent raids into that State, directed that the proclamation suspending the writ of habeas corpus should be made effectual in Kentucky, and that martial law should be es tablished there and continue until said procla mation should be revoked or modified ; And whereas since then the danger of insurgent raids into Kentucky has substantially passed away: Now, therefore, be it known that I, Andrew Johnson, President of the United States, by vir tue of the authority vested in me by the Consti tution, do hereby declare that the said procla mation of the fifth day of July, one thousand eight hundred and sixty-four, shall be, and is hereby, modified in so far that martial law shall be no longer in force in Kentucky from and after the date hereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twelfth day of October, in the year of our Lord -, one thousand eight hundred and sixty- l> S-J flve] and of the Independence of the United States of America the ninetieth. Andrew Johnson. By the President: W. Hunter, Acting Secretary of State. Annulling the Suspension of the Habeas Corpus, December 1, 1865 Whereas by the proclamation of the President of the United States of the fifteenth day of Sep tember, one thousand eight hundred and sixty- three, the privilege of the writ of habeas corpus was, in certain cases therein set forth, suspended throughout the United States ; And whereas the reasons for that suspension may be regarded as having ceased in some of the States and Territories: Now, therefore, be it known that I, Andrew Johnson, President of the United States, do here by proclaim and declare that the suspension aforesaid, and all other proclamations and orders suspending the privilege of the writ of habeas corpus in the States and Territories of the United States, are revoked and annulled excepting as to the States of Virginia, Kentucky, Tennessee, North Carolina; South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territo ries of New Mexico and Arizona. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this first day of December, in the year of our Lord ono r 1 thousand eight hundred and sixty-five, L ' -I and of the Independence of the United States of America the ninetieth. Andrew Johnson. , By the President : William H. Seward, Secretary of State. Announcing that the Rebellion has ended, April 2,1866. Whereas, by proclamations of the fifteenth and nineteenth of April, one thousand eight hundred and sixty-one, the President of the United States, in virtue of the power vested in him by the Con stitution and the laws, declared that the laws of the United States were opposed, and the execu tion thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too power ful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law ; And whereas, by another proclamation made on the sixteenth day of August, in the same year, in pursuance of an act of Congress approved July thirteenth, one thousand eight hundred and sixty-one, the inhabitants of the States of Georgia, South Carolina, Virginia, North Carolina, Ten nessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, and Florida (except the inhabitants of that part of the State of Virginia lying west of the Alleghany mountains, and to such other parts of that State and the other States before named, as might maintain a loyal adhesion to the Union and the Constitution, or might be from time to time occupied and controlled by forces of the United States engagedin the dispersion of insur gents) were declared to be in a state of insurrec tion against the United States ; And whereas, by another proclamation of the first day of July, one thousand eight hundred and sixty-two, issued in pursuance of an act of Con gress approved June 7, in the same year, the in surrection was declared to be still existing in tho States aforesaid, with the exception of certain specified counties in the State of Virginia ; And whereas, by another proclamation made on the second day of April, one thousand eight hundred and sixty- three, in pursuance of the act of Congress of July 13, one thousand eight hun dred and sixty- one, the exceptions named in the 16 POLITICAL MANUAL.. proclamation of August 16, one thousand eight hundred and sixty-one were revoked, andthein- •habitants of the States of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Vir ginia, (except the forty-eignt counties of Virginia designated as West Virginia, and the ports of New Orleans, Key West, Port Royal, and Beaufort, in South Carolina,) were declared to be still in a state of insurrection against the United States. And .whereas the House of Representatives, on the 22d day of July, one thousand eight hun dred and sixty-one, adopted a resolution in the words following, namely : " Resolved by the House of Representatives of the Congress of the United States, That the pres ent 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, ban ishing all feelings of mere passion or resentment, will recollect only its duty to the whole country ; that this war is not waged on our part in any spirit of oppression, nor for any purpose of con quest or subjugation, nor purpose of overthrow ing. or interfering with the rights or established institutions of those States ; but to defend and maintain the supremacy of the Constitution and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to cease." And whereas the Senate of the United States, on the 25th day of July, one thousand eight hundred and sixty-one, adopted a resolution in the words following, to wit : "Resolved, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now in re volt against the constitutional Government, and in arms around the capital; that in this national emergency Congress, banishing all feeling of mere passion or resentment, will recollect only its duty to the whole country ; that this war is not prosecuted on our part in any spirit of op pression nor for any purpose of conquest or sub jugation, nor purpose of overthrowing or inter fering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired ; that as soon as these objects are accomplished, the war ought to cease." And whereas these resolutions, though hot joint or concurrent in form, are substantially identical, and as such may be regarded as having expressed the sense of Congress upon the subject to which they relate ; And whereas, by my proclamation of the thir teenth day of June last, the insurrection in the State of Tennessee was declared to have been Suppressed, the authority of the United States therein to be undisputed, and such United States officers as had been duly commissioned to be in the undisputed exercise of their official functions ; And wnereas there now exists no organized armed resistance of misguided citizens or others to the authority of the United States in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida, and, the laws can be sustained and enforced therein by tha proper civil authority, State or Federal, and the' people of the said States are well and loyally disposed, and have conformed or will conform in their legislation to the,condition of affairs grow ing out of the amendment to the Constitution of the United - States, prohibiting slavery within the limits and jurisdiction of the United States: And whereas, in view of the before recited premises, it is the manifest determination of the American people that no State, of its own will, has the rignt or the power to go out of, or separate itself from, or be separated from the American Union, and that therefore each State ought to remain and constitute an integral part of the United States ; , And whereas the people of the several before- mentioned States have, in the manner aforesaid, given satisfactory evidence that, they acquiesce in this sovereign. and important 'resolution of national unity ; And whereas it is believed to be a fundamental principle of goyernment that people who; have revolted, and who have been overcome and sub dued, must either be dealt with so as to induce them voluntarily to become friends, or else they must be held by absolute military power, or de vastated, so as to prevent them from ever again doing harm as enemies, which last-named policy is abhorrent to humanity and freedom ; And whereas the Constitution .of the United States provides for constituent communities only as States and not as Territories, dependencies, provinces, or protectorates ; And whereas such constituent States must ne cessarily be and by the Constitution and laws of the United States are made equals and placed upon a like footing as to political rights, immu nities, dignity, and power, with the several States with which they are united ; And whereas the observance of political equal ity as a principle of right and justice is well cal culated to encourage the people of the aforesaid States to be and become more and more constant and persevering in their renewed allegiance ; And whereas standing armies, military occu pation, martial law, military tribunals, and the suspension of the privilege of the writ of habeas corpus are, in time of peace, dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit of our free institutions, and exhaustive of the national resources, and ought not, therefore, to be sanctioned or allowed, except in cases of actual necessity, for repelling invasion or suppressing insurrection or rebellion ; And whereas the policy of the Government of the United States, from the beginning of the' in surrection to its overthrow and final suppression, has been in conformity with the principles here in set forth and enumerated : Now, therefore, I, Andrew Johnson, Presi-' dent of the United States, do hereby proclaim and declare that the insurrection which hereto fore existed in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee^1 ORDERS AND PROCLAMATIONS 17 Alabama, Louisiana, Arkansas, Mississippi and Florida is at an end, and is henceforth to be so regarded* In testimony whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, the second day of April, in the year of our Lord 'seal 1 one thousand eight hundred and sixty- ' '¦¦ six, and of the Independence of the United States of Amenca the ninetieth. Andrew Johnson. By the President: Wm. H. Seward, Secretary of State. Order in Relation to Appointments to Office. Executive Mansion, April 7, 1866. It is eminently right and proper that the Government of the United States should give earnest and substantial evidence of its just ap preciation of the services of the patriotic men who, when the life of tho nation was imperiled, entered the army and navy to preserve the integrity of the Union, defend the Government, and maintain and perpetuate unimpaired its free institutions. It is therefore directed : First. That in appointments to office in the several executive departments of tho General Government and the various branches of the public service connected with said departments, E reference shall be given to such meritorious and onorably discharged soldiers and sailors, par ticularly those wb.o have been disabled by wounds received or diseases contracted in the line of duty, as may possess the proper qualifi cations. Second. That in. all promotions in said depart ments and the several branches of the public service connected therewith, such persons shall have preference, when equally eligible and * The following official telegraphic correspondence shows the scope of the proclamation, in the opinion of the Presi dent: Augosta, Ga., April 7, 1866. Maj. Gen. 0. 0. Howard : Does the President's recent proclamation remove martial law in this State ? If so, Gen. Brannan doeB not feel au thorized to arrest parties who have committed outrages on freed people or Union refugees. Please answer by telegraph. Davis Tillson, Brig. Gen. of Vols. [Answer.] Adjutant General's Office, War Department, Washington, April 17, 1866. The President's proclamation does not remove martial law, or operate in any way upon the Freedmen's Bureau in the exercise of its legitimate jurisdiction. It is not expe dient, however, to resort to military tribunal in any case Where justice can be attained through the medium of civil authority. E. D. Towksekd, A. A. G. TO GOVERNOR WORTH, OF NORTH CAROLINA. Washington, D. C, April 27, 1866. To Gov. Worth: lam directed by the President to inform you that by his proclamation of April 2, 1866, it was not intended to interfere with military commissions at that timo or previously organized, or trials then pending before such commissions, unless by special instructions the accused were to bo turned over the civil authorities. General lluger has been instructed to proceed with the trial to which you refer ; but beforo the execution of any sentence rendered by said commission, to report ail the proceedings to the War Department for examination and revision. There has been an order this, day prepared, and which will soon be issued, which will relieve and settle all embarrassment growing o-jt of a misconstruction of the proclamation, of which I ¦vill send you a copy. Edmund Cooper, Acting Private Secretary to the President. 2 qaalified, over those who have noi faithfully and honorably served in the land and naval forces of the United States. Andrew Johnson. Order in Eolation to Trials by Military CourtB - and Commissions. War Department, Adjutant General's Ofjtce, • ' Washington, May 1, 1866. General Orders No. 26 : Whereas some military commanders are em barrassed by doubts as to the operation of the proclamation of the President, dated the 2d day of April, 1866, upon trials by military courts- martial and military offenses, to remove such doubts, it is ordered by the President that — Hereafter, whenever offenses committed by civilians are to be tried where civil tribunals are in existence which can try them, their cases are not authorized to be, and will not be, brought before military courts-martial or commissions, but will be committed to the propei civil author ities. This order is not applicable to camp fol lowers, as provided for under the 60th Article of War, or to contractors and others specified in section 16, act of July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and of fenses cognizable by the Rules and Articles of War, and by the acts of Congress above cited, will continue to be tried and punished by mili tary tribunals as prescribed by the Rules and Articles of War and acts of Congress, herein after cited, to wit : Sixtieth, of the Rules and Articles of War. All sutlers and retainers to the camp, and all per sons whatsoever serving with the armies of tlie United States in the field, though not enlisted. soldiers, are to be subject to orders according to the rules and discipline of war. * * * By order of the Secretary of War : E. D. Townsend, Assistant Adjutant General/* Against the Fenian Invasion of Canada, Juno 6, 1866. Whereas it has become known to me that cer tain evil-disposed persons have, within the ter ritory and jurisdiction of the United States, begun and set on foot, and have provided and prepared, and are still engaged in providing and preparing, means for a military expedition and enterprise, which expedition and enterprise is to be carried on from the territory and jurisdiction of the United States against colonies, districts, and people of British North America, within the dominions of the United Kingdom of Great Britain and Ireland, with which said colonies, districts, and people, and kingdom the United States are at peace ; And whereas the proceedings aforesaid consti tute a high misdemeanor, forbidden by the law of the United States, as well as by the. law of nations: Now, therefore, for the purpose of preventing the carrying on of the unlawful expedition and enterprise aforesaid, from, the territory andl jurisdiction of the United States, and- to main tain the public peace, as well as the national honor, and enforce obedience and respect to tho 18 POLITICAL MANUAL. laws of the United States, I, Andrew Johnson, President of- the United States, do admonish and warn all good citizens of the United States against taking part in or in any wise aiding, countenancing, or abetting said unlawful pro ceedings, and I do exhort all judges, magistrates marshals, and officers in the service of the United States, to employ all their awful authority and power to prevent and defeat the aforesaid un lawful proceedings, and to arrest "and bring to justice all persons who may be engaged therein.* And pursuant to the act of Congress in such case made and provided, I do furthermore au thorize and empower Major General George Or. Meade, commander of the Military Division of the Atlantic, to employ the land and naval forces of the United States and the militia thereof, to arrest and prevent the setting on foot and carrying on the expedition and enter prise aforesaid. In testimony whereof, I have hereunto 'set fuy hand, and caused the seal of the United States to be affixed. . Done at the city of Washington the sixth day of June, in the year of our Lord one [seal.] thousand eight hundred and sixty- six, and of the Independence of the United States the ninetieth. Andrew Johnson. By the President: William H. Seward, Secretary of State. * Circular to the District Attorneys and Marshals of the United States. Attorney General's Office, Washington, D. C, Juno 6, 1866.— By direction of the President you are lejoby in- f-tructed to cause the arrest of all prominent, leading, oi conspicuous persons called Fenians, whom you m¦ "j;" TJui*.. t^ A law was enacted, ai / 28 POLITICAL MANUAL. tied to the privilege of the elective franchise, subject to the following exceptions and disquali fications, to wit : First. Said voter shall have never borne arms against the Government of the United States for the purpose of aiding the late rebellion, nor have voluntarily given aid, comfort, countenance, counsel, or encouragement to any rebellion against the authority of the United States Gov ernment, nor aided, countenanced, or encouraged !»cts of hostility thereto. Second. That said voter shall have never sought, or voluntarily accepted, any office, civil - or military, or attempted to exercise the func tions of any office, civil or military, under the authority or pretended authority of the so-called Confederate States of America, or of any insur rectionary State whatever, hostile or opposed to the authority of the United States Government, with the intent and desire to aid said rebellion or insurrectionary authority. Third. That said voter shall have never volun tarily supported any pretended government, power, or authority hostile or inimical to the au thority of the United States, by contributions in money or property, by persuasion or influence, or in any other way whatever : Provided, That the foregoing restrictions and disqualifications shall not apply to any white citizen who may have served in and been honorably discharged from the army or navy of the United States since the 1st day of January, 1862, nor to those who voted in the Presidential election in No vember, 1864, or voted in the election for " rati fication or rejection " in February, 1865, or voted in the election held on the 4th day of March of the same year for Governor and members of the Legislature, nor to those who have been appointed to any civil or military office by Andrew John son, Military Governor, or William G. Brown low, Governor of Tennessee, all of whom are hereby declared to be qualified voters upon their complying with the requirements of this act : Provided, That this latter clause shall not apply to any commission issued upon any election which may have been held. Sec. 2. That the Governor of the State shall, within sixty days after the passage of this act, appoint a commissioner of registration for each and every county in the State, who shall, with out delay, enter upon the discharge of his duties, and who shall have full power to administer the necessary oaths provided by this act. May 19 — A bill was passed to disqualify cer tain persons from holding office, civil or military. , It excludes those persons who held civil or diplomatic offices, or were agents of the so called _nfederate States, or who left judicial stations ¦Klu- the United States, or the State of Tennes- April aid the rebellion, or who were military gram from officers of the so-called Confederate Weitzel, beiue the rank of captain in the army, by the formert in the navy, or who left seats in Officios Congress, or seats in the Legis- te of Tennessee, to aid the rebel- WASHtted commissions in the army or Major General Weit! States and afterward gave I have just seen Juebellion, or who absented Sou of the 7th. He asstte of Tennessee td give lat I have called the insa$&nnj1fLegislature\in insurrection against the United States with intent to aid the rebellion, or who ever held office in the State of Tennessee of legislative, judicial, or executive character, under an oath to support the constitution of the State of Tennessee, and who violated said oath, and gave voluntary aid or countenance to the rebellion, that each and all be excluded from all offices, State, county, or municipal. It also provides that any qualified voter shall not be excluded from office by the provisions of this bill, as amended. May — The Senate rejected a suffrage bill, 16 to 5, which proposed to allow all blacks and whites of legal age to vote, and exclude all, after 1875, who cannot read. May 28 — The Legislature adjourned until No vember 28. TEXAS. 1865, June 17 — Andrew J. Hamilton ap pointed Provisional Governor. 1866, March — Convention met. April 2 — Convention adjourned. The Con stitution to be voted on, June 5. It abolishes slavery, and annuls the Secession Ordinance. The war debt has been repudiated. Five years residence required for eligibility to the Legisla^ ture. White population is the basis of repre-" sentation for State purposes. An ordinance passed exempting all persons who, under au thority of civil or military power, had inflicted injury upon persons during the war, from ac countability therefor. ARKANSAS. 1865, October 30 — President Johnson sent this telegram to Governor Isaac Murphy, elected Governor under the free State organi zation formerly made. Executive Office, Washington, D. C, Odtober 30, 1865. To Gov. Murphy, Little Rock, Arkansas : There will be no interference with your pres ent organization of State government. I have learned from E. W. Gantt, Esq., and other sources, that all is working well, and you will proceed and resume the former relations with the Federal Government, and all the aid in the power of the Government will be given in re storing the State to its former relations. Andrew Johnson, Prrs't of the U. S. LOUISIANA. There was no interference with the State organization formerly made. 1865, Novembef —J. M. Wells was elected Governor, and Albert Voorhis, Lieut. Governor _ November '23 — Legislature met in extra ses-, sion again; under proclamation of the Governor. December 22— Legislature adjourned. 1866, March —J. T. Monroe elected mayor ol New Orleans, and James 0. Nixon an alderman. March 19— General Canby issued an order suspending them from the exercise of any of the] functions of these offices until the pleasure of the President be made known— as they comei within -the excepted class of the President's proc lamation. They were subsequently pardoned, on application, aid took the offices IV. LEGISLATION RESPECTING FREEDMEN. NORTH CAROIINA. 1866, March 10 — The act " concerning negroes, Knd persons of color, or of mixed blood," passed by the Legislature, declares that " negr-jos and their issue, even where one ancestor in each suc ceeding generation to the fourth inclusive, is white, shall be deemed persons of color." It gives them all the privileges of white persons before the courts in the mode of prosecuting, de fending, continuing, removing, and transferring their suits at law and in equity, and makes them eligible as witnesses, when not otherwiseimom- petent, in " all controversies at law and in equity where the rights of persons or property of per sons of color shall be put in issue, and would be concluded by the judgment or decree of court; and also in pleas of the State, where the violence, fraud, or injury alleged shall be charged to have been done by or to persons of color. In all other civil and criminal cases such evidence shall be deemed inadmissible, unless by consent of the parties of record : Provided, That this section shall not go into effect until jurisdiction in mat ters relating to freedmen shall he fully com mitted to the courts of this Sj;ate : Provided fur ther, That no person shall he deemed incompe tent to bear testimony in such cases, because of being a party to the record or in interest." The criminal laws of the State are extended in their operation to embrace persons of color, and the same punishment is inflicted on them a"s on the whites, except for rape, which, if a white "amale is the victim, is a capital crime for a black. The law regarding apprentices is so amended as to make its provisions applicable to blacks, but it gives the former masters the preference, and declares that they should be regarded as the most suitable persons. Provision is also made for legalizing the marriages of the blacks con tracted during slavery, and for punishment of illicit cohabitation. All which is modified by a proviso that the act shall not take effect until after the Freedmen's Bureau is removed. Where men and women, lately slaves, now cohabit to gether in the relation of husband and wife, they shall be deemed to have been lawfully married at the time of the commencement of such cohabi tation; and they are required to go before the clerk of the county court, acknowledge the co habitation, of which record shall be made, and shall be prima facie evidence of the statements made. All contracts between any persons whatever, whereof one or more of them shall be a person of color, for the sale or purchase of any horse, mule, ass, jennet, neat cattle, hog, sheep, or goat, whatever may be the value of such articles, and all contracts between such persons for any other article or articles of property whatever of the value of ten dollars or more, and all contracts executed or executory between such persons for ' the payment of money of the value of ten dol lars or more, shall be void as to all persons what ever, unless the same be put in writing and signed by the vendors or debtors, and witnessed by a white person who can read and write. Marriage between white persons and persons of color shall be void ; and every person au thorized to solemnize the rites of matrimony, who shall knowingly solemnize the same between such persons, and every clerk of a court who shall knowingly issue license for their marriage, shall be deemed guilty of a misdemeanor, and, moreover, shall pay a penalty of five hundred dollars to any person suing for the same. MISSISSIPPI. An Act to regulate the Relation of Master and Apprentice relative to Freedmen, Free Neg-roos, and Mulattoes, November 22, 1865. Sec. 1 provides that it shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State to report to the probate courts of their respective counties semi-annually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, under the age of eighteen, within their respective counties, beats, or dis tricts, who are orphans, or whose parent oi parents have not the means, or who refuse to pro vide for and support said minors, and thereupon it shall be the duty of said probate court to or der the clerk of said court to apprentice said minors to some competent and suitable person, on puch terms as the court may direct, having a particular care to the interest of said minors: Provided, That the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a suitable per son for that purpose. Sec. 2 provides that the said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suita ble person to have the charge ?.nd care of said minor, and fully to protect the interest of said . minor: Provided, That said apprentice sb,-1:-. be bound by indenture, in case of males \P, ¦ they are twenty-one years old, and in c:"' females until they are eighteen years old '„ " j Sec. 3 provides that in the manage,, • ', ¦ . , f -j , -j ° iminai, in control ot said apprentices said mtr ¦ , , , ,, , ' r . n- . diatto, is a tress shall have power to infliet sjr/' wjjjte _.- corporeal chastisement as a fatb/> or mnla^ is allowed to inflict on his or h% witnessea) aa S2$j£*g™a. free negro or mulatto, for the shortest time to raise tho amount necessary to discharge said freedman, free negro or mulatto from all costs, fines, and jail fees aforesaid. An Act to punish certain Offences therein named, and for other purposes, November 29, 1865. Sec. 1. Be it enacted, &c, That no freedman, free negro, or mulatto, not in the military ser vice of the United States Government, and not licensed to do so by the board of police of his or her county, shall keep or carry fire-arms of any kind, or any ammunition, dirk, or bowie-knife; and on conviction thereof,' in the county court, shall be punished by fine, not exceeding ten dol lars, and pay the costs of such proceedings, and allsuch arms or ammunition shall he forfeited to the informer ; and it shall be the duty of every civil and military officer to arrest any freedman, free negro, or mulatto found with any such arms or ammunition, and cause him to be committed for trial in default of bail. Sec. 2. That any freedman, free negro, or mu latto, committing riots, routes, affrays, trespasses, malicious mischief and cruel treatment to animals, seditious speeches, insulting gestures, languag*, or acts, or assaults on any person, disturbance of the peace, exercising the functions of a minister of the gospel without a license from some regu larly organized church, vending spirituous oi intoxicating liquors, or committing any other misdemeanor, the punishment of which is not specifically provided for by law, shall, upon con viction thereof, in the county court, be fined not less than ten dollars, and not more than one hun dred dollars, and may be imprisoned, at the dis cretion of the court, not exceeding thirty days. Sec. 3. That if any white person shall sell, lend, or give to any freedman, free negro, or mu latto, any fire-arms, dirk, or bowie-knife, or am munition, or any spirituous or intoxicating liquors, such person or persons so offending, upon conviction thereof, in the county court of his orher county, shall be fined not exceeding fifty dollars, and may be imprisoned, at the discretion of the court, not exceeding thirty days. Sec. 4. That all the penal and criminal laws now in force in this State, defining offences, and prescribing the mode of punishment for crimes and misdemeanors committed by slaves, free negroes or mnlattoes, be and the same are here by re-enacted, and declared to be in full force and effect, against freedmen, free negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changedior altered by law. Sec. 5. That if any freedman, free negro or mulatto, convicted of any of the misdemeanors S provided against in this act, shall fail or refuse, for the space of five days after conviction, to pay the fine and costs imposed, such person shall be hired out by the sheriff or other officer, at prhlic outcry, to any white person who will pay -aid fine and all costs, and take such convict foi the shortest time. GEORGIA. 1865, December 15— Free persons of color are made competent witnesses in all courts in casw where a free person of color is a party, or the offence charged is against the person or properly LEGISLATION RESPECTING FREEDMEN. 33 of a froe person of color. Persons of color now I living as husband and wife are declared to be so, "except a man has two or more reputed wives, or a wife two or more reputed husbands ; in such event; they shall select one and, the marriage ceremony be performed. 1866, Feb. 23— AU male inhabitants, white and black, between sixteen and fifty, subject to work on the public roads, except such as are specially exempted. March 7 — Any officer knowingly issuing any marriage license to parties, either of whom is of African descent and the other a white person, shall be guilty of a misdemeanor, and on convic tion be fined from two hundred to five hundred dollars, or imprisoned for three months, or both. Any officer or minister marrying such persons shall be fined from five hundred to one thousand dollars^ and imprisoned six months, or both. March 9 — That among persons of color the pa rent shall be required to maintain his or her chil dren, whether legitimate or illegitimate. That children shall be subjected to the same obliga tions, in relation to their parents, as those which existing relation to white persons. That every colored child hereafter born, is declared to be the legitimate child of his mother, and also of his colored father, if acknowledged by such father. To Amend the Penal Code. March 12 — The 4,435th section of the Penal Code shall read as follows : All persons wandering or strolling about in idleness, who are able to work, and who have no property to support them ; all persons lead ing an idle, immoral, or profligate life, who have no property to support them, and are able to work and do not work ; all persons able to work having no visible and known means of a fair, honest, and reputable livelihood ; all per sons having a fixed abode, who have no visible property to support them, and who live by steal ing or by trading in, bartering for, or buying stolen property ; and all professional gamblers living in idleness, shall be deemed and consid ered vagrants, and shall be indicted as such, and it shall be lawful for any person to arrest said vagrants and have them bound over for trial to the next term of the county court, and upon con viction, they shall be fined and imprisoned or sentenced to work on the public works, for not longer than a year, or shall, in the discretion of the eourt, be bound out to some person for a time not longer than one year, upon such val uable consideration as the court may prescribe ; the person giving bond in a sum not exceeding $300, payable to said court and conditioned to clothe and feed, and provide said convict with medical attendance for and during said time : Provided, That the defendant may, at any time, before conviction, be discharged, upon paying costs and giving bond and security in a sum not exceeding $200, payable to said court, and con dition for the good behavior and industry of de fendant for one year. March 8— The wilful and malicious burning of an occupied dwelling-house of another on a farm, or plantation, or elsewhere, shall be pun- 1 :l ished with death ; also burglary in the night ; ' ' also stealing a horse or mule, unless recom- 1 '' mended by the jury to the mercy of the court. March 17— County courts organized, as in other States, for hearing of " cases arising out of the relation of master and servant," &o. Where such cases shall go against the servant, the j udgment for costs upon written notice to the master shall operate as a garnishment against him, and he shall retain a sufficient amount for the payment thereof, out of any wages due to said servant, or to become due during the period of service, and may be cited at any time by the collecting officer to make answer thereto. March 17 — Sec. 1. That all negroes, mulat toes, mestizoes, and their descendants having one eighth negro or African blood in their veins, shall be. known in this State as "persons of color." 2. That persons of color shall have the right to make and enforce contracts, to sue, be sued, to be parties and give evidence, to inherit, tc purchase, lease, sell, hold, and convey real and Eersonal property, and to have full and equal enefit of all laws and proceedings for the secu rity of person and estate, and shall not be subjected to any other or different punishment, pain or penalty; for the commission of any act or offense, than such as are prescribed for white persons committing like acts or offenses. March 20 — Grimes defined in certain sections named, as felonies are reduced below felonies, and all other crimes, punishable by fine or imprisonment or either, shall be likewise pun ishable by a fine not exceeding $1,000, imprison ment not exceeding six months, whipping not exceeding thirty-nine lashes, to work in a chain- gang on the public works not to exceed twelve months, and any one or more of these punish ments may be ordered in the discretion of the judge. ALABAMA. December — Bill passed, " making it unlaw ful for any freedmen, mulatto, or free person of color in this State to own fire-arms, or carrv about his person a pistol or other deadly weapon,1 under a penalty of a fine of $100 or imprison ment three months. Also, making it unlawful for any person to sell, give, or lend fire-arms oi ammunition of any description whatever to any freedman, free negro, or mulatto, under a penalty of not less than $50 not more than $100 at the discretion of the jury. December 9 — This bill passed : That all freed men, free negroes, and mulattoes, shall have the right to sue and be sued, plead and be impleaded in all the different and various courts of this State, to the same extent that white persons now have by law. And they shall be competent ,tc testify only in open court, and only in cases in which freedmen, free negroes, and mulattoes are parties, either plaintiff or defendant, and in' civil or criminal cases, for injuries in the per sons and property of freedmen,, free negroes, and mulattoes, and in all cases, civil or criminal, in which a freedman, free negro, or mulatto, is a witness against a white person, or a white per son against a freedman, free negro, or mulatto, the parties shall be competent witnesses, and neither interest in the question or suit, nor mar riage, shall disqualify any witness from testify ing in open court. 1866, Febuasy- 16— A law was enacted, at 84 POLITICAL MANUAL. which section 1 provides that it shall not be lawful for any person to interfere with, hire, em ploy, or entice away, or induce to leave the service of another, any laborer or servant who shall have stipulated or contracted, in writing, to serve for any given number of days, weeks, or months, or for one year, so long as the said contract shall be and remain in force and bind ing upon the parties thereto, without the con- Bent of the party employing or to whom said service is due and owing m writing, or in the presence of some veritable white person ; and any person who shall knowingly interfere with, hire, employ, or entice away, or induce to leave the service aforesaid, without justifiable excuse therefor, before the expiration of said term of service so contracted and stipulated as afore said, shall be guilty of a misdemeanor, and on eonviction thereof, must be fined in such sum, not less than fifty nor more than five hundred dollars, as .the jury trying the same may assess, and in no case less than double the amount of the injury sustained by the party from whom such laborer or servant was induced to leave, one-half to go to the party injured and the other to the county as fines and forfeitures. Sec. 2 provides that the party injured shall be a competent witness in allprosecutions under this act, notwithstanding his interest in the fine to be assessed. Sec. 3 provides that when any laborer or ser vant, having contracted as provided in the first section of this act, shall afterward be found, be fore the termination of said contract, in the service, or employment of another, that fact shall be prima facie evidence that such person is guilty of violation of this act, if he fail and refuse to forthwith discharge the said laborer or servant, after being notified and informed of such former contract and employment. A new penal code was adopted. The material changes introduced by the new penal code are briefly these : First. Whipping and branding are abolished, as legal punishments, and a new punishment is introduced, entitled " hard labor for the county." This " hard labor for the county " is put under the control of the court of county commissioners, who are authorized to employ a superintendent of the convicts, to make regulations for their government and labor, to put them to work on the public roads, bridges, &c, or to hire them out to railroad companies or private individuals. Second. For all offences which were heretofore punishable by fine, or by fine and imprisonment, either in the county jail or in the penitentiary, the jury may still impose a fine ; to which the sourt, in its discretion, may superadd imprison ment or hard labor, within specified limits in each case. Third. The dividing line between grand and petit larceny, is raised from twenty to one hun dred dollars ; grand larceny being made a felony, that is, it may be punished by imprisonment in the penitentiary ; while petit larceny is only a misdemeanor, punishable by fine, or by fine and imprisonment in the county jail. Fourth. A county court is established for the trial of misdemeanors. Fiifth. Justices of the peace have jurisdiction of a few minor offences, such as vagrancy, lar ceny of less than ten dollars, and assaults, affrays, &c, in which no weapon is used. The proceedings before them conform substantially to proceedings before the county court. The new code makes no distinction on account of color, only marriages .between white persons and negroes are prohibited. It went into effect June 1, 1866. The Governor vetoed three bills referring to persons of color. See page 21 . SOUTH CAROLINA. An Act Preliminary to the Legislation indueefl by the Emancipation of Slaves, October 19, 1865. Section 3 provides that aH free negroes, mu lattoes, and mestizoes, all freed women, and all descendants through either sex of any of these persons, shall be known as persons of color, ex cept that every such descendant who may have of Caucasian blood seven eighths, or more, shall be deemed a white person. Sec. 4 provides that the statutes and regula tions concerning slaves are now inapplicable to persons of color ; and although such persons are not entitled to social or political equality with white persons, they shall have the right to ac quire, own, and dispose of property, to make contracts, to enjoy the fruits of their labor, to sue and be sued, and to receive protection under the law in their persons and property. Sec. 5 provides that all rights and remedies respecting persons or property, and all duties and liabilities under laws, civil and criminal, which apply to white persons, are extended to persons of color, subject to the modifications made by this act and the other acts hereinbefore mentioned. An Act to Amend the Criminal Law, December 19, 1865. Section 1 provides that either of the crimes specified in this first section shall be felony, with out benefit of clergy, to wit: For a person of color to commit any wilful homicide, unless in self-defence; for a person of color to commit an assault upon a white woman, with manifest in tent to ravish her ; for a person of color to have sexual intercourse with a white woman by per sonating her husband; for any person to raise an insurrection or rebellion in this State; for any person to furnish arms or ammunition to other persons who are in a state of actual in surrection or rebellion, or permit them to re sort to his house for advancement of their evil purpose ; for any person tp administer, or cause to he take by any other person, any poi son, chloroform, soporific, or other destructive thing, or to shoot at, stab, cut, or wound any other person, or by any means whatsoever to cause bodily injury to any other person, where by, in any of these cases, a bodily injury dan gerous to the life of any other person is caused, with intent, in any of these cases, to commit the crime of murder, or the crime of rape, or the crime of robbery, burglary, or larceny ; for any person who had been transported under sen tence to return to this State within the period of prohibition contained in the sentence ; or for LEGISLATION RESPECTING FREEDMEN. 35 a person to steal a horse or mule, or cotton packed in a bale ready for market. Sec. 10 provides that a person of color who is in the employment of a master engaged in husbandry shall not have the right to sell any corn, rice, peas, wheat, or other grain, any flour, cotton, fodder, hay, bacon, fresh meat of any kind, poultry of any kind, animal of any kind, or any other product of a farm, without having written evidence from such master, or some per son authorized by him, or from the district judge or a magistrate, that he has the right to sell such product ; and if any person sh.aU, directly or indirectly, purchase any such product from such person of color without such written evidence, the purchaser and seller shall each be guilty of a misdemeanor. Sec. 11 provides that it shall be a misde meanor for any person not authorized to write or give to a person of color a writing which pro fesses to show evidence of the right of that per son of color to sell any product of a farm which, by the section last preceding, he is forbidden to sell without written evidence ; and any person convicted of this misdemeanor shall be liable to the same extent as the purchaser in the section last preceding is made liable ; and it shall be a misdemeanor for a person of color to exhibit as evidence of his right to sell any product a wri- . ting which he knows to be false or counterfeited, or to have been written or given by any person not authorized. Sec. 13 states that persons of color consti tute no part of the militia of the State, and no one of them shall, without permission in writing from the district judge or magistrate, be allowed to keep a fire-arm, sword, or other military weapon, except that one of them, who is the owner of a farm, may keep a shot-gun or rifle, Buch as is ordinarily used in hunting, but not a pistol, musket, or other fire-arm or weapon appropriate for purposes of war. The district judge or a magistrate may give an order, under which any weapon unlawfully kept may be seized and sold, the proceeds of sale to go into the district court fund. The possession of a weapon in violation of this act shall be a misde meanor which shall be tried before a district court or a magistrate, and in case of conviction, shall be punished by a fine equal to twice the value of the weapon so unlawfully kept, and if that be not immediately paid, by corporeal pun ishment. Sec. 14 provides that it shall not be lawful for a person of color to be the owner, in whole or in part, of any distillery where spirituous liquors of any kind are made, or of any estab lishment where spirituous liquors of any kind ,are sold by ietail; nor for a person of color to be engaged in distilling any spirituous liquors, or in retailing the same in a shop or elsewhere. A person of color who shall do anything con trary to the prohibitions herein contained shall be guilty of a misdemeanor, and, upon convic tion, may be punished by fine or corporeal punishment and hard labor, as to the district judge or magistrate before whom he may be kried shall seem meet. Sec. 22 provides that no person of color shall migrate into and reside in this State, unless, within twenty days after his arrival within the same, he shall enter into a bond, with two free holders as sureties, to be approved by the judge of the district court or a magistrate, in a pen alty of one thousand dollars, conditioned for his good behavior, and for his support, if he should become unable to support himself. Sec. 24 provides that when several persons oi color are convicted of one capital offence, the jury which tries them may recommend one oi more to mercy, for reasons which, in their opin ion, mitigate the guilt ; the district judge shall report the case, with his opinion, and the Gov ernor shall do in the matter as seems to him meet. The 6ame may be done when one only is convicted of capital offence. Before sentence of death shall be executed in any case, time foi application to the Governor shall be' allowed. Sec. 27 provides that whenever, under any law, sentence imposing a fine is passed, if the fine and costs be not immediately paid, there shall be detention of the convict, and substitu tion of other punishment. If the offence should not involve the crimen falsi, and be infamouB, the substitution shall be, in the case of a white person, imprisonment for a time proportioned to the fine, at the rate of one day for each dollar ; and in the case of a person of color, en forced labor, without unnecessary pain or restraint, for a time proportioned to the fine, at the rate of one day for each dollar. But if the offence Bhould be infamous, there shall be sub stituted for a fine, for imprisonment, or for both, hard labor, corporeal punishment, solitary con finement, and confinement in tread-mill or stocks, one or more, at the discretion of the judge of the superior court, the district judge, or the magistrate, who pronounces the sentence. In this act, and in respect to all crimes and misdemeanors, the term servants shall be un derstood to embrace an apprentice as well as a servant under contract. Sec. 29 provides that, upon view of a misde meanor committed by a person of color, or by a white person toward a person of color, a mag istrate may arrest the offender, and, according to the nature of the case, punish the offender summarily, or bind him in recognizance with sufficient sureties to appear at the next monthly sitting of the district court, or commit him for trial before the district court. Sec. 30 provides that, upon view of a misde meanor committed by a person of color, any Eerson present may arrest the offender and take im before a magistrate, to be dealt with as the case may require. In case of a misdemeanor committed by a white person toward a person of color, any person may complain to a magis trate, who shall cause the offender to be ar- ressted, and, according to the nature of the case, to be brought before himself, or be taken for trial in the district court. An Act to establish District Courts, December 19, 1865. Courts are established to have " exclusive ju risdiction, subject to appeal, of all civil causes where one or both the parties are persons of color, and of all criminal cases wherein the accused is a person of color, and also of all cases of misdemeanors affecting the person or property 36 POLITICAL MANUAL. of a person of color, and of all cases of bas tardy, and of all cases of vagrancy, not tried before a magistrate." An indictment against a white person for the homicide of a person of color shall be tried in the superior court of law, and so shall other indictments in which a white person is accused of a capital felouy affecting the person or prop erty of a person of color. In every case, civil and criminal, in which a person of color is a party, or which affects the person or property of a person of color, per sons of color shall be competent witnesses. The accused, in such a criminal case, and the parties in every such civil case, may be wit nesses, and so may every other person who is a competent witness ; and -u every such case, either party may offer testimony as to his own character, or that of his adversary or of the prosecutor, or of the third person mentioned in an indictment. December 21 — " An act to establish and regu late the domestic relations of persons of color, and to amend the law in relation to pavpers and, vagrancy," establishes the relation of husband and wife, declares thost now living as such to be husband and wife, and-provides that persons of color desirous hereafter to marry shall have the contract duly solemnized. A parent may bind his child over two years of age as an ap prentice to serve till 21 if a male, 18 if a fe male. All persons of color who make contracts for service or labor shall be known as servants, and those with whom they contract as masters. " Colored children between 18 and 21, who have neither father nor mother living in the dis trict in which they are found, or whose parents are paupers, or unable to afford them a com fortable maintenance, or whose parents are not teaching them habits of industry and honesty, or are persons of notoriously bad character, or are vagrants, or have been convicted of infamous offences, and colored children, in all cases where they are in danger of moral contamination, may be bound as apprentices by the district judge or one of the magistrates for the aforesaid term." It "provides that no person of color shall pursue or practice the art, trade, or business of an artisan, mechanic, or shopkeeper, or any other trade, employment, or business, (besides that of husbandry, or that of a servant under a contract for service or labor,) on his own ac count and for his own benefit, or in partnership with a white person, or as agent or servant of any person, until he shall have obtained a li cense therefor from the judge of the district court, which license shall be good for one year only. This license the judge may grant upon petition of the applicant, and upon being sat isfied of his skill and fitness, and of his good moral character, and upon payment by the ap- Elicant to the clerk of the district court of one undred dollars if a shopkeeper or pedlar, to be paid annually, and ten dollars if a mechanic, artisan, or to engage in' any other trade, also to be paid annually: Provided, however, That upon complaint being made and proved to the district judge of an abuse of such license, he shall re voke the same : And provided, also, That no person of color shall practice any mechanical art or trade unless he shows that he has served an apprenticeship in such trade or art, or is how practicing such trade or art." Former slaves, now helpless, who were on. a farm Nov. 10,1865 and six months previous shall not be evicted by the owner from the house oc cupied by them before January 1, 1867. It "provides that if the district court fund, after payment of the sums with which it is charged, on account of the salary of the judge of the district court, superintendent of convicts, '" jurors, and other expenses of the court and of ¦ convicts, shall be insufficient to support indigent ¦ persons of color, who may be proper charges on t the public, the board aforesaid shall have power' to impose for that purpose, whenever it may be required, a tax of one dollar on each male per son of color between the ages of eighteen and fifty years, and fifty cents on each unmarried female person of color between the ages of eighteen and forty-five, to be collected in each precinct by a magistrate thereof : Provided, That the said imposition of a tax shall be approved in writing by the judge of the district court, and that his approval shall appear in the jour nals of that court." • , Order of General Sickles, disregarding the Code, January 17, 1866. 1866, January 17 — Major General Sickles is sued this order : Heado,'es Dep't of South Carolina, January 17, 1866. [G. 0., No. 1.]— I. To the end that civil rights and immunities may be enjoyed; that kindly re lations among the inhabitants of the State may be established ; that the rights and duties of the employer and the free laborer respectively may be defined ; that the soil may be cultivated and the system of free labor undertaken; that the owners of estates may be secure in the possession of their lands and tenements ; that persons able and willing to work may have employment; that idleness and vagrancy may be discounte nanced, and encouragement given to industry and thrift ; and that humane provision may be made for the aged, infirm and destitute, the fol lowing regulations are established for the gov ernment of all concerned in tnis department. , . II. All laws shall be applicable alike to all the inhabitants. No person shall be held in competent to sue, make complaint, or to testify, ' because of color or caste. III. All the employments of husbandry or the useful arts, and all lawful trades or callings, may be followed by all persons, irrespective of color or caste ; nor shall any freedman be obliged to pay any tax or any fee for a license, nor be amenable to any municipal or parish ordinance, not imposed upon all other persons. IV. The lawful industry of all persons who live under the protection of the United States, and owe obedience to its laws, being useful to the individual, and essential to the welfare oi society, no person will be restrained from seek ing employment when not bound by voluntary agreement nor hindered from traveling from place to place, on lawful business. All combi nations or agreements which are intended to hinder, or may so operate as to hinder, in any LEGISLATION RESPECTING FREEDMEN. 37 way, the employment of labor — or to limit.com- pensation for labor — or to compel labor to be involuntarily performed in certain places or for certain persons ; as well as all combinations or agreements to prevent the sale or hire of lands or tenements, are declared to be misdemeanors ; and any person or persons convicted thereof shall be punished by fine not exceeding $500, or by imprisonment, not to exceed six months, or by both such fine and imprisonment. V. Agreements for labor or. personal service of any kind, or for the use and occupation of lands and tenements, or for any other lawful purpose, between freedmen and other persons, when fairly made, will be immediately enforced against either party violating the same. VI. Freed persons, unable to labor, by reason of age or infirmity, and orphan children of tender years, shall have allotted to them by owners suitable quarters on the premises where they have been heretofore domiciled as slaves, until adequate provision, approved by the gene ral commanding, be made for them by the State or local authorities, or otherwise ; and. they shall not be removed from the premises, unless for disorderly behavior, misdemeanor, or other of fence committed by the head of a family or a member thereof. VII. Able-bodied freedmen, when they leave the premises in which they may be domiciled, shall take with them and provide for such of their relatives as by the laws of South Caro lina all citizens are obliged to maintain. VIII. When » freed person, domiciled on a plantation, refuses to work there, after having been offered employment by the owner or lessee, on fair terms, approved by the agent of the Freedmen's Bureau, such freedman or woman shall remove from the premises within ten days after such offer and due notice to remove by the owner or occupant. IX. When able-bodied freed persons are do miciled on premises where they have been here tofore held as slaves, and are not employed thereon or elsewhere, they shall be permitted to remain, on showing to t:; a satisfaction of the commanding officer of the post that they have made diligent and proper efforts to obtain em ployment. X. Freed persons occupying premises without the authority of the United. States, or the per mission of the owner, and who have not been heretofore held ^here as slaves, may be removed by the ' commanding officer of the post, on the complaint of the owner, and proof of the refusal of said freed persons to remove after ten days' notice, XI. Any person employed or domiciled on a plantation or elsewhere, who may be rightfully dismissed by the terms of agreement, or expelled for misbehavior, shall leave the premises, and shall not return without the consent of the owner or tenant thereof. XII. Commanding officers of districts will es tablish within their commands respectively suit able regulations for hiring out to labor, for a period not to exceed one year, all vagrants who cannot be advantageously employee! on roads, fortifications and other public works. The pro ceeds of such labor shall be paid over to the as sistant commissioner of the Freedmen's Bureau, to provide for aged and infirm refugees, indigent freed people and orphan children. XIII. The vagrant laws of the State of South Carolina, applicable to free white persons, will be recognized as the only vagrant laws applica ble to the freedmen ; nevertheless, such laws shall not be considered applicable to persons who are without employment, if they shall prove that they have been unable to obtain employ ment, after diligent efforts to do bo. XIV. ItshalTbe the duty of officers command ing posts to see that issues of rations to freed men are confined to destitute persons who are unable to work because of infirmities arising from old age or chronic diseases, orphan chil dren too young to work, and refugee freedmen returning to their homes with the sanction of the proper authorities; and in ordering their issues, commanding officers will be careful not to encourage idleness or vagrancy. District com manders will make consolidated reports of these issues tri-monthly. XV. The proper authorities of the State in the several municipalities and districts shall pro ceed to make suitable provision for their poor, without distinction of color; in default of which the general commanding will levy an equitable tax on persons and property sufficient for the support of the poor. XVI. The constitutional rights of all loyal and well-disposed inhabitants to bear arms will not be infringed ; nevertheless this shall not be construed to sanction the unlawful practice of carrying concealed weapons, nor to authorize any person to enter with arms on the premises of another , against his consent. No one shall bear arms who has borne arms against the Uni ted States, unless he shall have taken the am nesty oath prescribed in the proclamation of the President of the United States, dated May 20, 1865, or the oath of allegiance, prescribed in the proclamation of the President, dated December 8, 1863, within the time prescribed therein. And no disorderly person, vagrant, or disturber of the peace, shall be allowed to bear arms. XVII. To secure'the same equal justice and personal liberty to the freedmen as to other in habitants, no penalties or punishments different from those to which all persons are amenable shall be imposed on freed people ; and all crimes and offences which are prohibited under existing law3 shall be understood as prohibited in the case of freedmen ; and if committed by a freed man, shall, upon conviction, be punished in the same manner as if committed by a white man. XVII. Corporeal punishment shall not be in flicted upon any person other than a minor.-and then only by the parent, guardian, teacher, or one to whom said minor is lawfully bound by indenture of apprenticeship. XIX. Persons whose conduct tends to a breach of the peace may be required to give security for their good behavior, and in default thereot shall be held in custody. XX. All injuries to the person .or property committed by or upon freed persons shall be punished in the manner provided by the laws of South Carolina for like injuries to the per sons or property of citizens thereof. If no pro- •68 POLITICAL MANUAL. "ision be made by the laws of the State, thetf the punishment for such offences shall be accord ing to the course of common law ; and in the case of any injury to the person or property, not prohibited by the common law, or for which the punishment shall hot be appropriate, such sentence shall be imposed as, in the discretion of the court before which the trial is had, shall be deemed proper, subject to the approval of the general commanding. XXI. All arrests for whatever cause will he reported tri-monthly, with the proceedings thereupon, through the prescribed channel, to the general commanding. XXII. Commanding officers of districts, sub- districts, and posts, within their commands re spectively, in the absence of the duly-appointed agent, will perform any duty appertaining to the ordinary agents of the Bureau of Refugees, Freedmen, and Abandoned Lands, carefully ob serving for their guidance all orders published by. the commissioner or assistant commissioner, or other competent authority. XXIII. District commanders will enforce these regulations by suitable instructions to sub-district and post commanders, taking care that justice be done, that fair dealing between man and man be observed, and that no unneces sary hardship, and no cruel or unusual punish ments be imposed upon any one. By command of D. E. Sickles, Major Gen eral. Official: W. L. M. Burger, Assistant Adjutant General. FLORIDA. fl.n Act to Establish and Organize a County Criminal Court, January 11, 1866. Sec' 1 gives the court jurisdiction in cases of assault, assault and battery, assault with intent to kill, riot, affray, larceny, robbery, arson, burg lary, malicious mischief, vagrancy, and all mis demeanors, and all offences against religion, chas tity, morality, and decency: Provided, That the punishment of the same does not affect the life of the offender. The Governor to appoint the judge. In the proceedings, " no presentment, in dictment, or written pleadings, shall be required." Where a fine is imposed, and not paid, the party may be put to such labor as the county commis sioner may direct, the compensation for which to go in payment of the fine and cost of prosecu tion ; " or the Baid county commissioner may hire out, at public outcry, the said party to any person who will take him or her for the shortest time, and pay the fine, forfeiture, and penalty imposed, and cost of prosecution." An Act to Extend to all the Inhabitants of the State the Benefit of Courts of Justice, and the Processes thereof, January 11, 1866. Sec. 1 provides that the judicial tribunals of this State, with the processes thereof, shall be accessible to all the inhabitants of the State, without distinction of color, for the prosecution and defence of all the rights of person and prop erty, subject only to the -restrictions contained in the constitution of the State. Sec. 2 provides that all laws heretofore passed, with reference to slaves, free negroes, and mu lattoes, except the act to prevent their migration into the State, and the act prohibiting the sale of fire-arms and ammunition to them, be, and the same are hereby, repealed ; and all the crimi nal laws of this State applicable to white per sons now in force, and not in conflict with, or modified by, the legislation of the present session of the General Assembly, shall be deemed and held to apply equally to all the inhabitants of the same without distinction of color. An act to Establish and Enforce the Marriage Relation between Persons of Color. January 11, 1866. Sec. 1 requires all the colored inhabitants, claiming to be living together in the relation of husband and wife, and who have not been joined as such agreeably to the laws, and who shall mutually desire to continue in that relation, within nine months from the passage of this act, to appear before some person legally authorized to perform the marriage ceremony, and be regu larly joined in the holy bonds of matrimony. Sec. 2 provides that the issue of such prior cohabitation shall be legitimated by the act of marriage so regularly contracted as aforesaid, and be thenceforth entitled to all the rights and privileges of a legitimate offspring. Sec. 5 provides that after the expiration of the time limited in the first section, all laws ap plicable to or regulating the marriage relation between white persons shall deemed to apply to the same relation between the colored population of the State. An Act in Addition to An Act concerning Mar riage Licenses, January 12, 1866. Sec. 1 provides that if any white female res ident shall hereafter attempt to intermarry, or shall live in a state of adultery or fornication, with any negro, mulatto, or other person of color, she shall be deemed to be guilty of a mis- , demeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, or be confined in the public jail not exceeding three months, or both, at the discretion of the jury; and shall, moreover, be disqualified to testify as a witness against any white person. Sec. 2 provides that if any negro, mulatto, or other person of color, shall hereafter live in a state of adultery or fornication with any white female resident within the limits of this State, he shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, or be made to stand in the pillory for one hour and be whip ped not exceeding thirty-nine stripes, or both, at the discretion of the j ury . Sec. 3 provides that every person who shall have one eighth or more of negro blood shall be deemed and held to be a person of color. Sec. 4 provides that in existing cases, upon petition to the circuit judge, parties coming within the provisions of this act and liable to be punished under the same, may by order and judgment of said judge be relieved from the penalties thereof, when in his opinion justice and equity shall so require. Seo. 5 provides that in all cases where mar riages have heretofore been contracted and solemnized between white persons and persons o( LEGISLATION RESPECTING FREEDMEN. 39 color, and where the parties have continued tql term, on any farm or plantation in this State, if live as man and wife, the said marriages are] he shall refuse or neglect to perform the stipu lations of his contract by wilful disobedience of hereby legalized, and neither of the parties shall be subject to the provisions of this or of any other act. An Act to Require the Children of Destitute Per sons to Provide for the Support of said Per sons, January 11, 1866. Sec. 1 requires the children of natural parents who are unable to support themselves to make provision for their support. In case of neglect, and proof before a justice of the peace or judge, that officer shall make an order of assessment on the children for the necessary amount, which order shall carry with it the right of enforce ment by execution, and shall have the force of a writ of garnishment on the wages of such children. An Act to Punish Vagrants and Vagabonds, January 12, 1866. Sec. 1. Defines as a vagrant " every able- bodied person why has no visible means of liv ing and shall not be employed at some labor to support himself or herself, or shall be leading an idle, immoral, or profligate course of life;" and may be arrested by any justice of the peace or judge of the county criminal court and be bound "in sufficient surety" for good behavior and future industry for one year. Upon refusing or failing to give such security, he or she may be committed for trial, and if convicted sen tenced to labor or imprisonment not exceeding twelve months, by whipping not exceeding thirty-nine stripes, or being put in the pillory. If sentenced to labor, the " sheriff or other officer of said court shall hire out such person for the term to which he or she shall be sentenced, not exceeding twelve months aforesaid, and the proceeds of such hiring shall be paid into the county treasury." All vagrants going armed may he disarmed by the sheriff, constable, or police officer. An Act in Relation to Contracts of Persons of Color, January 12, 1866. Sec. 1 Provides that all contracts with per sons of color shall be made in writing and fully explained to them before two credible wit nesses, which contract Bhall be in duplicate, one copy to be retained by the employer and the other filed with some judicial officer of the State and county in which the parties may be residing at the date of the contract, with the affidavit of one or both witnesses, setting forth that the terms and effect of such contract were fully ex plained to the colored person, and that he, she, or they had voluntarily entered into and signed the contract and no contract shall be of any Validity against any person of color unless so executed and filed: Provided, That contracts for service or labor may be made for less time than thirty days by parol. Sec. 2 Provides, that whereas is is essential to the welfare and prosperity of the entire popu lation of the State that the agricultural interest be sustained and placed upon a permanent basis, it ie provided that when any person of color shall enter into a contract as aforesaid, to serve as a laborer for a year, or any other specified orders, wanton impudence or disrespect to his employer, or his authorized agent, failure or refusal to perform the work assigned to h im, idleness, or abandonment of the premises or tho employment of the party with whom the con tract was made, he or she shall be liable, upon the complaint of his employer or his agent, made under oath before any justice of the peace of the county, to be arrested and tried before the criminal court of the county, and upon con viction shall be subject to all the pains and penalties prescribed for the punishment of va grancy : Provided, That itshall be optional with the employer to require that such laborer he remanded to his service, instead of being sub jected to the punishment aforesaid : Provided, further, That if it shall on such trial appear that the complaint made is not well founded, the court shall dismiss such complaint, and give judgment in favor of such laborer against the employer, for such sum as may appear to be due under the contract, and for such damages as may be assessed by the jury. Sec 3 provides that when any employ^ as aforesaid shall be in the occupancy of any house or room on the premises of the employer by virtue of his contract to labor, and he shall be adjudged to have violated his contract ; or when any employ^ as aforesaid Bhall attempt to hold possession of such house or room beyond the term of his contract, against the consent of the employer, it shall be the duty of the judge of the criminal court, upon the application of the employer, and due proof made before him, to issue his writ to the sheriff of the court, com manding him forthwith to eject the said em ploye and to put the employer into full possession the premises : Provided, Three days' previous notice shall be given to the employe of the day of trial. Sec. 4 provides that if any person employing the services' or labor of another, under contract entered into as aforesaid, shall violate his contract by refusing or neglecting to pay the stipulated wages or compensation agreed upon, or any part thereof, or by turning off the employe before the expiration of the term, unless for sufficient cause, or unless such right is reserved by the contract, the party so employed may make com plaint thereof before the judge of the criminal court, who shall at an early day, on reasonable notice to the other party, cause the same to he tried by a jury summoned for the purpose, who, in addition to the amount that may be proved to be due under the contract, may give such damages as they in their discretion may deem to be right and proper, and the judgment thereon shall be a first lien on the crops of all kinds in the cultivation of which such labor may have been employed : Provided, That either party shall be entitled to an appeal to the circuit court, as in case of appeal from justices of the peace Sec. 5 provides thatif anyperson shall entice, induce, or otherwise persuade any laborer or employe to quit the service of another to which he was bound by contract, before the expiration of the term of service stipulated in said contract, 40 POLITICAL MANUAL. he shall be guilty of a misdemeanor, and npon^ conviction shall be fined in a sum not exceeding" one thousand dollars, or shall stand in the pillo ry not more than three hours, or be -whipped not more than thirty-nine stripes on the bare back, at the discretion of the jury. Sec. 6 applies the provisions of this act to all contracts between employers and employes re lating to the lumber, rafting, or milling business, and to all other contracts with persons of color to do labor and to perform service. * An Act prescribing additional Penalties for the Commission of Offences against the State, and for other purposes, January 15, 1866. ' Sec. 1 provides that whenever in the criminal laws of this State, heretofore enacted, the pun ishment of the offence is limited to fine and im prisonment, or to fine or imprisonment, there shall be superadded, as an alternative, the pun ishment of standing in the pillory for an hour, or whipping not exceeding thirty-nine stripes on the bare back, or both, at the discretion of the jury. Sec. 3 makes a felony, punishable with death, the exciting, or attempting to excite, by writing, speaking, or by other means, an insur rection or sedition amongst any portion or class of the population. Sec. 12 makes it unlawful for any negro, mulatto, or person of color to own, use, or keep in possession or under control any bowie-knife, dirk, sword, fire-arms, or ammunition ' of any kind, unless by license of the county judge of probate, under a penalty of forfeiting them to tho informer, and of standing in the pillory one hour, or be whipped not exceeding thirty -nine Btripes, or both, at the discretion of the jury. Sec. 14 forbids colored and white persons respectively from intruding upon each other's public assemblies, religious or other, or public vehicle set apart for their exclusive use, under punishment of pillory or stripes, or both. Sec. 15 provides that persons forming a mili tary organization not authorized hy law, or aiding or abetting it, shall be fined not exceed ing $1,000 and imprisonment not exceeding six months, or be pilloried for one hour, and be whipped not exceeding thirty -nine stripes, at the discretion of the jury — the penalties to be three fold upon persons who accepted officeB in such organizations. bEc. 19 prohibits any person from hunting within the enclosure of another without his con sent, under penalty of a fine of $1,000, or im prisonment not exceeding six months, or the pillory for one hour, and being whipped not exceeding thirty-nine stripes. So, if a person takes, rides, or uses any horse,-mule, ass, or ox, without the consent of the owner, whether the person so using is in the employ of the owner or not: so, by Sec. 17, if a person shall move into any tenant house or other building without leave of the person in charge, or illegally take possession of any church or school-house, educa tional or charitable building, or cut down trees exceeding $1 in value, with a view to convert the same to his own use. Burglary is punisha ble with death, or fine of $1,000 and imprison ment not exceeding six months, or standing in, the pillory one hour, and being whipped not exceeding thirty-nine stripes. An assault upon. a white female, with intent, to commit a rape, or, being accessory thereto, is punishable with death. An Act Prescribing additional Penalties for the Commission of Offenses again st the State, Jan- nary 15, 1866. Sec 12 provides that it shall not be lawful for - any negro, mulatto, or other person of color, to own, use, or keep in his possession or under his- control any bowie-knife, dirk, sword, fire-atms?* or ammunition of any kind, unless he first ob tain a license to do so from the judge of pro- - bate of the county in which he maybe a resi dent for the time being ; and the said judge., oL probate is hereby authorized to issue license, upon the recommendation of two respectable citizens of the county, certifying to the peace ful and orderly character of the applicant ; and any negro, mulatto, or other person of color, so offending, shall be deemed to be guilty of a mis demeanor, and upon conviction shall forfeit to~ the-use of the informer all such fire-arms and ammunition, and in addition thereto, shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty- nine stripes,: or both, at the discretion of the jury. Sec 14 provides that if any negro, mulatto, or other person of color, shall intrude himself • into any religious or other public assembly oi white persons, or into any railroad car or other- public vehicle set apart for the exclusive accom modation of "white people, he shall be deemed to be guilty of a misdemeanor, and upon con- • viction shall be sentenced to stand in the pil-:;i lory for one hour, or be whipped, not exceedingr thirty-nine stripes, or both, at the discretion of*;- the jury ; nor shall it be lawful for any white per son to intrude himself into any religious or . other public assembly of colored persons, or. into any railroad car or other public vehicle, set apart for the exclusive accommodation of per sons of color, under the same penalties. An Act to Raise a Revenue for the State oi Florida, January 16, 1866. Section 1 imposes a yearly capitation tax of three dollars upon every male inhabitant be-. tween twenty-one and fifty-five, except paupers and insane or idiotic persons. In default oi payment the tax collector is hereby authorized', and required to seize the body of the said delin quent and hire him out, after five days' public notice, before the door of the public court-house, to any person who will pay the said tax and the costs incident to the proceedings growing out of said arrest, and take him into his service for the shortest period of time : Provided, That if said delinquent be in the employment of anotherthe' said employer may pay the tax and costs, and the said payment shall be good as a credit against the amount that may be due by the em ployer as wages to the said delinquent. An Act Concerning Schools for Freedmen, Jan uary 16, 1866. Provision is made for schools for freedmen— supported by a tax of one dollar upon all male persons of color between twenty-one and fifty- five, and a tuition fee to be collected from each. pupil — the schools to be in charge of a superin tendent and assistants; no person to teach with- LEGISLATION RESPECTING EREEDMEN. 41 out a certificate ; and the fee, five dollars, to go to the school fund for freedmen, and the certificate good for one year, subject to be cancelled by the superintendent for incompetency, immorality or other sufficient cause. The superintendent " to establish schools for freedmen when the number of children of persons of color in any county or counties will warrant the same : Provided, The funds provided for shall be sufficient to meet the expenses thereof." By another act, the interest from the school fund of the State is applied to the education of indigent white children. An Act concerning Testimony, January 16, 1866. Section 3 provides that this act shall not be construed to authorize the testimony of colored persons to be taken by depositions in writing or upon written interrogati.r'es, otherwise than in such manner as will enable the court or jury to judge of the credibility of the witness. VIRGINIA. These are some of the provisions in the re cently-enacted laws of Virginia respecting col ored persons: That no contract between a white person and a colored person, for the labor or service of the latter for a longer period than two months, shall be binding on such colored person, unless the contract be in writing, signed by such white per son pr his agent and by such colored person, and duly acknowledged before a justice or notary public, or clerk of the county or corporation court, or overseer of the poor, or two or more credible witnesses, in the county or corporation court in which the white person may reside, or in which the labor or service it to be performed. And it shall be the duty of the justice, notary, clerk or overseer of the poor, or the witnesses, to read and explain the contract to the colored person, before taking his acknowledgment there of, and to state that this has been done in the certificate of acknowledgment of the contract. "§ 5. The writing by which any minor is bound an apprentice, shall specify his age, and what art, trade, or business he is to be taught. The master, whether it is expressly provided therein or not, shall be bound to teach him the same, and shall also be bound to teach him read ing, writing, and common arithmetic, including the rule of three." The marital relation between colored persons is regulated by law. The colored person must procure a license tho same as the whites, and persons celebrating a marriage are obliged to re port it to the county clerks, and whether white or colored. Where colored persons, before the passage of this act, shall have undertaken and agreed to occupy the relation to each other of husband and wife, and shall be cohabiting together as such at the time of its passage, whether the rites of marriageshall have been celebrated between them or not, they shall be deemed husband and wife, and bo entitled to the rights and privileges, and subject to the duties and obligations, of that re lation in like manner as if they had been duly married, and all their children shall be deemed legitim ate, wheth er born before or after the pass age of this act. And when the parties havo ceased to cohabit before the passage of this act, in consequence of the death of the woman, or from any other cause, all the children of the woman, recognized by the man to be his, .shall be deemed legitimate. Bigamy, too, is punished in the case cf the negro as of the white person, and also inter marriage within the prohibited degrees. And all persons officiating in the rites of marriage without due authority of law are punished by fine and imprisonment. Under the old code these provisions applied only to white persons. Be it enacted, That every person having one fourth or more of negro blood shall be deemed a colored person, and every person not a colored person having one fourth or more of Indian blood shall be deemed an Indian. 2. All laws in respect to crimes and punish ments, and in respect to criminal proceedings, applicable to white persons, shall apply in like manner to colored persons and to Indians, unless when it is otherwise specially provided. 3. The foUowing acts and parts of acts aro hereby repealed, namely : All acts and parts of acts relating to slaves and slavery ; chapter one hundred and. seven of the code of eighteen hun dred and sixty, relating to free negroes ; chapter two hundred of said code relating to offences by negroes; chapter two hundred and twelve cf said code, relating to proceedings against ne groes ; chapter ninety-eight of said code, relat ing to patrols; sections twenty-five to forty- seven, both inclusive, of chapter one hundred ninety-two of said code ; sections twenty-six to thirty, both inclusive, and sections thirty-three to thirty-seven, both inclusive, of chapter one hundred and ninety-eight of said code ; the fifth paragraph, as enumerated in section two of chap ter two hundred and three, of said code ; all acts and parts of acts imposing on negroes the pen alty of stripes, where the same penalty is not imposed on white persons ; and all other acts and parts of acts inconsistent with this act are hereby repealed. January 24 — General Terry issued this order : The Virginia Vagrant Act— General Terry orders its Non-Enforcement. general orders — no 4. Headquarters, Department of Va., Bichmond, January 24, 1866, By a statute passed at the present session of the Legislature of Virginia, entitled " A bill providing for the punishment of vagrants," it is enacted, among other things, that any jus tice of the peace, upon the complaint of any one of certain officers therein named, may issue his warrant for the apprehension of any person al leged to be a vagrant and cause such person to be apprehended and brought before him ; and that if upon due examination said justice of the peace shall find that such person is a vagrant within the definition of vagrancy contained in said statute, he shall issue his vrarrant, directing such person to be employed for a term not ex ceeding three months, and by any constable of the county wherein the proceedings are had be hired out for the best wages which can be pro- 42 POLITICAL MANUAL. cured, his wages to be applied to the support < himself and his family. The said statute furthi ;of 3 further provides, that in case any vagrant so hired Bhall, during his term of service, run away from his employer without sufficient cause, he shall be apprehended on the warrant of a justice of the peace and returned to the custody of his employer, who shall then have, free from any other hire, the services of such vagrant for one month in addition to the original terms of hiring, and that the employer shall then have power, if authorized by a justice of the peace, to work such vagrant with ball and chain. The said statute specifies the persons who shall be con sidered vagrants and liable to the penalties im posed by it. Among those declared to be vagrants are all persons who, not having the wherewith to support their families, live idly and without employment, and refuse to work for the usual and common wages given to other laborers in the like work in the place where they are. In many counties of this State meetings of employers have been held, and unjust and wrongful combinations have been entered into for the purpose of depressing the wages of the freedmen below the real value of their labor, far below the prices formerly paid to masters for labor performed by their slaves. By reason of these 'combinations wages utterly inadequate to the support of themselves and families have, in many places, become the usuil and common wages' of the freedmen. Tho effect of the statute in question will be, therefore, to compel the freedmen, under penalty of punishment as criminals, to accept and labor for the wages es tablished by these combinations of employers. It places them wholly in the power of their em ployers, and it is easy to foresee that, even where no such combination now exists, the temptation to form them offered by the statute will be too strong to be resisted, and that such inadequate wages will become the common and usual wages throughout the State. The ulti mate effect of the statute will be to reduce the freedmen to a condition of servitude worse than that from which they have been emancipated — a condition which will be slavery in all but its name. It is therefore ordered that no magistrate, civil officer or other person shall in any way or manner apply or attempt to apply the provis ions of said statute to any colored person in this department. By command of Major General A. H. Terry, Ed. W. Smith, Assistant Adjutant General. January .26 — President Johnson refused to interfere with this order. The Legislature took no further action on the question. February 28 — This bill passed in relation to the testimony of colored persons : Be it enacted, That colored persons and Indi ans shall, if otherwise competent, and subject to the -rules applicable to other persons, be admitted as witnesses in the following cases : 1. In all civil cases and proceedings at law or in equity, in which a colored person or an Indian is a party, or may be directly benefited or in jured by the result. 2. In all criminal proceedings in which a colored person or an Indian is a party, or which arise out of an injury done, attempted, or threatened to the person, property, or rights of a colored person or Indian, or in which it is alleged in the presentment, information, or in dictments, or in which the court is of opinion from the other evidence that there is probable cause to believe that the offence was committed by a white person in conjunction or co-operation with a colored person or Indian. 3. The testimony of colored persons shall, iii all cases and proceedings, both at . law and in equity, be given ore tenus, and not by deposition, and in suits in equity, and in all other cases in which the deposition of the witness would reg ularly be part of the record, the court shall, if desired by any party, or if deemed proper by itself, certify the facts proved by such witnesses^ or the evidence given by him as far as credited by the court, as the on.j or the other may be proper under the rules of law applicable to the case, and such certificate shall ne made part of the record. March 4 — The Legislature adjourned. TENNESSEE. 1866, January 25 — This bill became a law : That persons of African and Indian descent are hereby declared to be competent witnesses in all the courts of this State, in as full a manner as such persons are by an act of Congress com petent witnesses in all the courts of the United States, and all laws and parts of laws of the State excluding such persons from competency are hereby repealed: Provided, however, That this act shall not be so construed as to give colored persons the right to vote, hold office, or sit on j uries in this State ; and that this provis ion is inserted by virtue of the provision of the 9th section of the amended constitution, ratified February 22, 1865. May 26 — This bill became a law : An act to define the term " persons of color," and to declare the rights of such persons. Sec. 1. That all negroes, mulattoes, mestizoes, and their descendants, having any African blood in their veins, shall be known in this State as " persons of color." Sec. 2. That persons of color shall have the right to make and enforce contracts, to sue and be sued, to be parties and give evidence, to in herit, and to have full and equal benefits of all laws and proceedings for the security of person and estate, and shall not be subject to any other or different punishment, pains, or penalty, for the commission of any act or offence than such as are prescribed for white persons committing like acts or offences. Sec. 3. That all persons of color, being blind, deaf and dumb, lunatics, paupers, or appren tices, shall have the full and perfect benefit and application of all laws regulating and providing for white persons, being blind, or deaf and dumb, or lunatics or paupers, or either (in asylums for their benefit) and apprentices. _ Sec 4. That all acts or parts of acts or laws, inconsistent herewith, are hereby repealed : Pro vided That nothing in this act shall be so' con strued as to admit persons of color to serve on a jury : And provided further, That the provis- LEGISLATION RESPECTING FREEDMEN, 43 ions of this act shall not be so construed as to , require the education of colored and white .chil dren in the same school. Sec. 5. That all free persons «of color who were living together as husband and wife in this State while in a state of slavery are hereby de clared to be man and wife, and their children legitimately entitled to an inheritance in any -property heretofore acquired, or that may here after be acquired, by said parents, to as full an - extent as the children of white citizens are now entitled by the existing laws of this State. May 26— All the freedmen's courts in Tennes see were abolished by the assistant commander, the law of the State making colored persons competent witnesses in all civil courts. TEXAS. A colored man is permitted by the new Con stitution to testify orally where any one of his race is a party, allows him to hold property, and ' to sue and be sued. LOUISIANA. 1865, December . — "An act to provide for and regulate labor contracts for agricultural pur suits" requires all such laborers to make labor contracts for the next year within the first ten days of January— the contracts to be in writing, to be with heads of families, to embrace the labor of all the members, and be binding on all minors thereof. Each laborer, after choosing his em ployer, "shall not be allowed to leave his place of employment until the fulfillment of his con tract, unless by consent of his employer, or oh account of harsh treatment, or breach of con tract on the part of employer ; and if they do sb leave, without cause or permission, they shall forfeit all wages earned to the' time of abandon ment." Wages due shall be a lien *pon the crops; and one half shall be paid at periods agreed by the parties, !' but it shall be lawful for the employer to retain the other moiety until the completion of the contract." Employers failing to comply, are to be fined double the amount due to laborer. These are the eighth and ninth sections in full: Sec. 8. That in case of sickness of the laborer, wages for the time lost shall be deducted, and where the sickness is feigned for purposes of idle ness, and also on refusal to Work according to ! , contract, double the amount of wages shall be deducted for the time lost, and also where rations have been furnished; and should the refusal to Work be continued beyond three days, the of fender shalll be reported to a justice of the peace, and shall be forced to labor on roads, levees, and other public -vrorks, without pay, until the of- ' fender consents to return to his labor. Sec. 9. That, when in health, the laborer shall work ten hours during the day in summer, and nine hours during the day in winter, unless otherwise stipulated in the labor contract ; he shall obey all proper orders of his employer or his agent ; take proper care of his work mules, horses, oxen, stock; also of all agricultural in- plements ; and employers shall have the right to make a reasonable deduction from the laborer's wages for injuries done to animals or agricultu ral implements committed to his care, or for bad or negligent work. Bad work shall not be al lowed. Failing to obey reasonable orders, v.crr- lect of duty, and leaving home without per mis sion, will bo deemed disobedience; impudence, swearing, or indecent language to or in the c>ros • ence of the employer, his family or agent, ov quarrelling and fighting with one another, shall be deemed disobedience. For any disobedience a fine of one dollar shall be imposed on the of fender. For all lost time from work hours, un less in case of sickness, the laborer shall be fined twenty-five cents per hour. For all absence from home without leave the laborer will be fined at the rate of two dollars per day. Laborers will not be required to labor on the Sabbath except to take the necessary care of stock and other property on plantations and do the necessary cbokihg and household duties, unless by special contract. For all thefts of the laborer from the employer of agricultural products, hogs, sheep, poultry or any other property of the employer, or wilful destruction of property or injury, the laborer shall pay tfye employer double the amount of the value of the property stolen, des troyed or injured, one half to be paid to the em ployer and the other half to be placed in the , general fund provided for in this section. No live stock shall be allowed to laborers without the permission of the employer. Laborers shall not receive visitors during work hours. All diffi culties arising between the employers and labor ers, under this section, shall be settled, and all fines be imposed, by the former; if not satisfac tory to the laborers, an appeal may be had to the nearest justice of the peace and two free holders, citizens, one of said citizens to be se lected by the employer and the other by the laborer; and all fines imposed and collected un der this section shall be deducted from the wages due, and shall be placed in a common fund, to be divided among the other laborers employed on the plantation at the time when their Ml wages fall due, except as provided for above. December 21 — This bill became a law : Sec. 1. That any one who shall persuade or entice away, feed, harbor, or secrete any person who leaves his or her employer, with whom she or he has contracted, or is assigned to live, or any apprentice who is bound as an apprentice, Without the permission of his or her employer, said person or persons so offending shall be lia ble for damages to the employer, and also, upon convection thereof, shall be subject to pay a fine of not more than five hundred dollars, nor less than ten dollars, or imprisonment in the parish jail for not more than twelve months nor less than ten days, or both, at the discretion of tha court. Sec 2. That it shall be duty of the judges oi this State to give this act especially in charge oi the grand juries at each jury term of theii respective courts. A new vagrant act is thus condensed in the New Orleans Picayune: It adopts the same definition of vagrancy as in the act of 1855, and provides that any person charged with vagrancy shall be arrested on the warrant of any judge or justice of the peace ; and if said judge or justice of the peace shall be satisfied by the confession of the offender, oT by 44 POLITICAL MANUAL. competent testimony, that he is a vagrant within this said description, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish and in the city of New Orleans. The certificate shall be filed in the offices of the recorders, and the said justice or other officer shall require the party accused to enter into bond, payable to the Governor of Louisiana, or his successors in office, in such sums as said justice of the peace or other officer shall prescribe, with security, to be approved by said officer, for his good behavior and future industry for the period of one year ; and upon bis failing or refusing to give such bond and se curity, the justice or other officer shall issue his warrant to the sheriff or other officer, directing him to detain and to hire out such vagrant for a period not exceeding twelve months, or to I cause him to labor on the public works, roads and levees, under such regulations as shall, be made by the municipal authorities : Provided, That if the accused' be a person who has aban doned his employer before his contract expired, the preference shall be given to such employer of hiring the accused: And provided further, That in . the city of New Orleans the accused may be committed to the work-house for a time not exceeding six months, there to be kept at hard labor on the public works, roads, or levees. The proceeds of hire in the cases herein provided for to be paid into the parish treasury for the benefit of paupers : And provided further, That the persons hiring such vagrant shall be com pelled to furnish such clothing, food, and medi cal attention as they may furnish their other laborers. PRESIDENT JOHNSON'S INTERVIEWS AND SPEECHES. 1866, April 15" — Andrew Johnson qualified as President, Chief Justice Chase administering the oath of office. Remarks at an Interview with Citizens of Indi ana. 1865, April 21 — A delegation was introduced by Governor 0. P. Morton, to whose address President Johnson responded, stating that he did not desire to make any expression of his future policy more than he had already made, and adding : But in entering upon the discharge of the duties devolving upon me by the sad occurrence of the assassination of the Chief Magistrate of the nation, and as you are aware, in surround ing circumstances which are peculiarly embar rassing and responsible, I doubt Whether you are aware how much I appreciate encourage ment and countenance from my fellow-citizens of Indiana. The most courageous individual, the most determined will, might justly shrink from entering upon the discharge of that which lies before me; but were I a coward, or timid, to receive the countenance and encouragement I have from you, and from various other parts of the country, would make me a courageous and determined man. I mean in the proper sense of the term, for there is as much in moral courage and the firm, calm discharge of .duty, as in physical courage. But, in entering upon the duties imposed upon me by this calamity, I re quire not only courage, but determined will, and I assure you that on this occasion your en couragement is peculiarly acceptable to me. In reference to what my administration will be, while I occupy my present position, I must refer you to the past. You may look back to it as evidence of what my course will be ; and, in reference to this diabolical and fiendish rebellion sprung upon the country, all I have to do- is to ask you to also go back and take my course in the past, and from that determine what my fu ture will be. Mine has been but one straight forward and unswerving course, and I see no reason now why I should depart from it. As to making a declaration, or manifesto, or message, or what you may please to call it, my past is a better foreshadowing of my future course than any statement on paper that might be made. Who, four years ago, looking down the stream of time, could have delineated that which has transpired since then ? Had any one done so, and presented it, he would have been looked upon as insane, or it would have been thought a fable — fabulous as the stories of the Arabian Nights, as the wonders of the lamp of Aladdin, and would have been about as readily believed. . If we knew so little four years ago of what has passed since then, we know as little what events will arise in the next four years ; but as these events arise I shall be controlled in the disposition of them by those rules and principles by which I have been guided heretofore. Had it not been for extraordinary efforts, in part owing to the machinery of the" State, you would" have had rebellion as rampant in Indiana as we had it in Tennessee. Treason is none the less treason whether it be in a free State or in a slave State ; but if there could be any difference in such a crime, he who commits treason in a free State is a greater traitor than he who commits it m a slave State. There might be some little excuse in a man based on his possession of the peculiar property, but the traitor in a free State has no excuse, but simply to be a traitor. Do not, however, understand me to moan by PRESIDENTIAL INTERVIEWS AND SPEECHES. 45 this that any man should be exonerated from the penalties and punishments of the crime of treason. The time has arrived when the Ameri can people should understand what crime is, and that it should punished, and its penalties enforced and inflicted. We say in our statutes and courts that burglary is a crime, that murder is a crime, that arson is a crime, and that trea son is a crime; and the Constitution of United States, and the laws of"the United States, say that treason shall consist in levying war against them, and giving their enemies aid and comfort. I have just remarked that burglary is a crime and has its penalties, that murder is a crime and has its penalties, and so on through, the long catalogue of crime. To illustrate by a sad event, which is before the minds of all, and which has draped this land in mourning. Who is there here who would say if the assassin who has stricken from our midst one beloved and revered by all, and passed him from time to eternity, to that bourne whence no traveler returns, who, I repeat, who, here would say that the assassin, if taken, should not suffer the penalties of his crime? Then, if you take the life of one individual for the murder of another, and believe that his property should be confiscated, what should be done with one who is trying to assassinate this nation ? What should be done with him or them who have attempted the life of a nation composed of thirty millions of people ? We were living at a time when the public mind had almost become oblivious of what trea son is. The time has arrived, my countrymen, when the American people should be educated and taught what is crime, and that treason is a crime, and the highest crime known to the law and the Constitution. Yes, treason against a State, treason against all the States, treason against the Government of the United States, is the highest crime that can be committed, and those engaged in it should suffer all its penalties. I know it is very easy to get up sympathy and sentiment where human blood is about to be shed, easy to acquire a reputation for leni ency and kindness, but sometimes its effects and practical operations produce misery and woe to the mass of mankind. Sometimes an individual whom the law has overtaken, and on whom its penalties are about to be imposed, will appeal and plead with the Executive for the exercise of clemency. But before its exercise he ought to ascertain what is mercy and what is not mercy. It is a very important question, and one which deserves the consideration of those who moralize upon crime and the morals of ,a nation, whether in some cases action should not be suspended here .and transferred to Him who controls all. There, if innocence has been invaded, if wrong has been done, the Controller and Giver. of all good, one of whose attributes is mercy, will set it right. It is not promulging anything that I have not heretofore said to say that traitors must be made odious, that treason must be made odious, that traitors must be punished and impoverished. They must not only be punished, but their social power must be destroyed. If not, they will still maintain an ascendency, and may again become numerous and powerful; for, in the words of a former Senator of the United States, " When traitors become numerous enough, trea son becomes respectable." And I say that, after making treasoh odious, every Union man and the Government should be remunerated out of the pockets of those who have inflicted this great suffering upon the country. But do not under stand me as saying this in a spirit of anger, for, if I understand my own heart, the reverse is the ease; and, while I say that the penalties of ihe law, in a stern and inflexible manner, should be executed upon conscious, intelligent, and influ ential traitors — the leaders, who have deceived thousands upon thousands of laboring men who have been drawn into this rebellion — and while I say, as to the leaders, punishment, [ also say leniency, conciliation, and amnesty to the thou sands whom they have misled and deceived ; and in reference to this, as I remarked, I mighu have adopted your speech as my own. As my honorable friend knows, I long s.nco took the ground that this Government was sent upon a sp-eat mission among the nations oi the earth ; that it had a great work to perform, nd that in starting it was started in perpetuity. Look back for one single moment to the Articles of Confederation, and then come down to 1787, when the Constitution was formed — what do you find ? That we, "the people of the United States, in order to form a more perfect government," &c. Provision is made for the admission of new States, to be added to old ones embraced within the Union. Now, turn to the Constitution : we find that amendments may be made, by a recom mendation of two thirds of the members of Con- fress, if ratified by three fourths of the States. rovision is made for the admission of new States ; no provision is made for the secession of old ones. The instrument was made to he good in per petuity, and you can take hold of it, not to break up the Government, but to go on perfecting it more and more as it runs down the stream of time. We find the Government composed of integral parts. An individual is an integer, and a num ber of individuals form a State ; and a State it self is an integer, and the various States form the Union, which is itself an integer — they vall making up the Government of the United States. Now we come to the point of my argument, so far as concerns the perpetuity of the Govern ment. We have seen that the Government is composed of parts, each essential to the whole, and the whole essential to each part. Now, if an individual . (part of a State) declare war against the whole, in violation of the Constitu tion, he, as a citizen, has violated the law, and is responsible for the act as an individual. There may be more than one individual, it may go on till they become parts of States. Some time the rebellion may go on increasing in num bers till the State machinery is overturned, and the country becomes like a man that is paralyzed on one side. But we find in the Constitution a great panacea provided. It provides that the United States (that is, the great integer) shall guarantee to each State (the integers composing the whole) in this Union a republican form of 46 POLITICAL MANUAL. government. Yes, if rebellion had been ram pant, and set aside the machinery of a State for a time, there standB the great law to remove the paralysis and revitalize it, and put it on its feet again. When we come to understand our sys tem of government, though it be complex, we see how beautifully one part moves in harmony with another ; then we see our Government is to be a perpetuity, there being no provision for pulling it down, the Union being its vitalizing power, imparting life to the whole of the States that move around it like planets round the sun, receiving thence light and heat and motion. Upon this idea of destroying States, my posi tion has been heretofore wellhnown, and I see no cause . to change it now, and I am glad to hear its reiteration on the present occasion. Some are satisfied with the idea that States are to be lost in territorial and other divisions ; are to lose their character as States. But their life breath has been only suspended, and it is a high constitutional obligation we have k. secure each of these States in the possession and enjoyment of a republican form of government. •&. State may be in the Government with a peculiar insti tution, and by the operation of rebellion lose that feature ; but it was a State when it went into rebellion, and when it comes out without the institution it is still a state. I hold it as a solemn obligation in any one of these States where the rebel armies have been beaten back or expelled — I care not how small the number of Union men, if enough to man the ship of State, I hold it, I say, a high duty to protect and secure to them a republican form of government. This is no new opinion. It is ex pressed in conformity with my understanding of the genius and theory of our Government. Then in adjusting and putting the Government upon its legs again, I think the progress of this work must pass into the hands of its friends. If a State is to be nursed until it again gets strength, it must be nursed by its friends, not smothered by its enemies.* * On this and other points, President Johnson declared himself in his Nashville speech of Jane. 9, 1864, from which these extracts are taken : The question is, whether man is capable of self-government? I hold with Jefferson that government was made for the convenience of man, and not man for government. The laws and constitutions were designed as instruments to promote his welfare. And hence, from this principle, I conclude that governments can and ought to be changed and amended to conform to the wants, to the requirements and progress of the people, and the enlightened spirit of the age. No w, if any of your secessionists have lost faith in men's capability for self-government, and feel unfit for the exercise of this great right, go straight to rebeldom, take Jeff. Davis, Beau regard, and Bragg for your masters, and put their collars on your neckB. And let me say that now is the time to secure these fundamental principles, while the land is rent with anarchy and upheaves with the throes of a mighty revolution. While society is in this disordered state, and we are seeking security, let us fix the foundation of the Government on principles of eternal justice which will endure Now, permit me to remark, that while I have opposed dissolution and disintegration on the one for all time. There is an element in our midst who are for perpetuating the institution of slavery. Let me say to you, Tennesseeans and men from the Northern States, that slavery is dead. It was not murdered by me. I told yon long ago what the result, would be if you. en deavored to go out of the Union to save slavery; and that the result would be bloodshed, rapine devastated fields, plundered villages and cities and, therefore, I urged you to remain in the Union. In trying to save slavery, you killed it and lost your own freedom. Your slavery ja dead, but I did not murder it. As Macbeth said to Banquo's bloody ghost : " ( Never shake thy gory locks at me ; Thou canst not say I did it.'" Slavery is dead, and you must pardon me if I do not mourn Over its dead body ; yon can bury it out of sight. In restoring the State leave out that disturbing and dangerous element and use only those parts of the machinery which will move in harmony. But in calling a convention to restore the State, who shall restore and re-establish itf Shall the man who gave his influence and his means to destroy the Government ? Is he to participate in the great work of reorganization-? Shall he who brought this misery upon the State be permitted to control its destinies ? If this be so, then all this precious blood of onr brave soldiers and officers so freely poured out will have been wantonly spilled. AU the glori ous victories won by our noble armies wul go for nought, and all the battle-fields which have been sown with dead heroes during the rebel lion will have been made memorable in vain. Why all this carnage and devastation? It was that treason might be put down and traitors punished. Therefore I say that traitors should take a back seat in the work of restoration. If there be but five thousand men in Tennessee loyal to the Constitution, loyal to freedom, loyal to justice, these true and faithful men should control the work of reorganization and reforma tion absolutely. I say that the traitor haa ceased to be a citizen, and in joining the rebel lion has become a public enemy. He forfeited his right to vote with loyal men when he re nounced his citizenship and sought to destroy our Government. We say to the most honest and industrious foreigner who comes from Eng land or Germany to dwell among us, and to add to the wealth of the country, "Before you can be a citizen you must stay here for five years.'' If we are bo cautious about foreigners, who vol untarily renounce their homes to live with us what should we say to the traitor, who, althougr born and reared among us, has raised a parricj- dal hand against the Government which always protected him ? My judgment is that he should be subjected to a Bevere ordeal before he Is re stored to citizenship. A fellow who takes the oath merely to save his property, and denies the validity of the oath, is a perjured man, and not to be trusted. Before these repenting rebels can be trusted, let them bring forth the fruits of re pentance. He who helped to make all these PRESIDENTIAL INTER'VIEWS AND SPEECHES. 47 hand, on the other I am equally opposed to con solidation, or the centralization of power in the hands of a few. Sir, all this has been extorted from me by the remarks you have offered, and as I have already remarked, I might have adopted your speech as my own. I have detained you longer than I expected, but Governor Morton is nesponsible for that. 1 scarcely know how to express my feeling in view of the kindness you have manifested on this occasion. Perhaps I ought not to add what I am about to, say, but human nature is human nature. Indiana first named me for the Vice Presidency, though it was unsolicited by me. Indeed, there is not a man can say that I ever approached him on the subject. My eyes were turned to my own State. If I could restore her, the measure of my ambition was complete. I thank the State of Indiana for the confidence and regard she manifested toward me, which has resulted in what is now before me, placing me in the position I now occupy. In conclusion, I will repeat that the vigor of my youth has been spent in advocating those great principles at the foundation of our Govern ment, and, therefore, I have been by many de nounced as a demagogue, I striving to please the widows and orphans, who draped the streets of Nashville in mourning, should suffer for his great crime. The work is in our own hands. We can destroy this rebellion. With Grant thundering on the Potomac before Richmond, and Sherman and Thomas on their march toward Atlanta, the day-will ere long be ours. Will any madly per sist in rebellion ? Suppose that an equal num ber be slain in every battle, it is plain that the result must be the utter extermination of the rebels. Ah ! these rebel leaders have a strong personal reason for holding out to save their necks from the halter ; and these leaders must feel the power of the Government! Treason must be made odious, and traitors must be pun ished and impoverished. Their great planta tions must be seized, and divided into small farms, and sold to honest, industrious men. The day for protecting the lands and negroes of these authors of the rebellion is past. It is high time it was. I have been most deeply pained at some things which have come under my observation. We get men in command who, under the influ ence of flattery, fawning, and caressing, grant protection to the rich traitor, while the poor Union man stands out in the cold, often unable to get a receipt or a voucher for his losses. [Cries of "That's so!" from all parts of the crowd.] The traitor can get lucrative contracts, while the loyal man is pushed aside, unable to obtain a recognition of his just stripes and shoul der-straps. I want them all to hear what I say. I have been on a gridiron for two years at the sight of these abuses. I blame not the Govern ment for these things, which are the work of weak or faithless subordinates. Wrongs will be committed under every form of government and every administration. For myself, I mean to stand by the Government till the flag of the Union shall wave over every city, town, hill top, and cross-roads, in its full power and ma jesty. people. I am free to say to you that my highest ambition was to please the people, for I believe that when I pleased them, I was pretty nearly right, .and being in the right, I didn't care who assailed me. But I was going to say I have al ways advocated the principle, that government was made for man — not man for goverment ; even as the good Book says that the Sabbath was made for man — not man for the Sabbath. So far as in me lies, those principles shall be carried out ; and, in conclusion, I tender you my profound and sincere thanks for your respect and support in the performance of the arduous duties now devolving upon me. To Virginia Refugees. April 24, 1865 — A large number of Southern refugees had an interview, Hon. John C. Under wood making an address ; to which the Presi dent replied: It is hardly necessary for me on this occasion to say that my sympathies and impulses in con nection with this nefarious rebellion beat in uni son with yours. Those who have passed through this bitter ordeal, and who participated in it to a great extent, are more competent, as I think, to judge and determine the true policy which should be pursued. [Applause.] I have but little to say on this question in re sponse to what has been said. It enunciates and expresses my own feelings to the fullest extent, and in much better language than I can at the present moment summon to my aid. The moBt that I can say is, that entering upon the duties that have devolved upon me under circumstances that are perilous and responsible, and being thrown into the>position I now occupy unexpectedly, in consequence of the sad event — the heinous assassination which has taken place — in view of all that is. before me, and the circum stances that surround me, I cannot but feel that your encouragement and kindness are peculiarly acceptable and appropriate. I do not think you have been familiar with my course, if you who are from the South deem it necessary for me to make any professions as to the future on this occasion, or to express what my course will be upon questions that may arise. If my past life is no indication of what my future will be, my professions were both worth less and empty ; and in returning you my sin cere thanks for this encouragement and sympa thy, I can only reiterate what I have said before, and, in part, what has just been read. As far as clemency and mercy are concerned. and the proper exercise of the pardoning power, I think I understand the nature and character of the latter. In the exercise of clemency and mercy, that pardoning power should be exer cised with caution. I do. not give utterance to my opinions on this point in any spirit of re venge or unkind feelings. Mercy and clemency have been pretty large ingredients in my com pound. Having been the executive of a State, and thereby placed in a position in which it was necessary to exercise clemency and mercy, I have been charged with going too far, being too leni ent; and I have become satisfied that mercy without justice is a crime, and that when mercy and clemency are exercised by the executive it 48 POLITICAL MANUAL. should always be done in view of justice, and in that manner alone is properly exercised that great prerogative. The timehas come, as you who have had to drink this bitter cup are fully aware, when the American people should be made to understand the true nature of crime. Of crime, generally, oar people have a high understanding, as well as of the necessity for its punishment; but in the catalogue of crimes there is one — and that the highest known to the law and the Constitution — of which, since the days of Jefferson and Aaron Burr, they have become oblivious ; that is tkea- soh. Indeed, one who has become distinguished in treason and in this rebellion said, that " when traitors become numerous enough, treason be comes respectable," and to become a traitor was to constitute a portion of the aristocracy of the country. God protect the people against such an aris tocracy. Yes, the timehas come when the people should be taught to understand the length and breath, the depth and height of treason. An individual occupying the highest position among us was lifted to that position by the free offering of the American people — the highest position on the habitable globe. This man we have seen, revered, and loved ; one who, if he erred at all, erred ever on the side of clemency and mercy ; that man we have seen treason strike through a fitting instru ment ; and we have beheld him fall like a bright star falling from its sphere. Now, there is none but would say, if the ques tion came up, what should be done with the in dividual who assassinated the chief magistrate of a nation — he is but a man, one man after all ; but if asked what should be done with the assas sin, what should be the penalty, the forfeit ex acted, I know what response dwells in every bosom. It is', that he should pay the forfeit with his life. And hence we see that these are times when mercy and clemency without justice become a crime. The one should temper the other and bring about the proper mean. And if we would say this when the case was the simple murder of one man by his fellow man, what should we say when asked what shall be done with him, or them, or those who have raised impious hands to iake away the life of a nation composed of thirty millions of people? What would be the reply to that question ? But while in mercy we remem ber justice, in the language that has been uttered, I say justice toward the leaders, the conscious leaders ; but I also say amnesty, conciliation, clemency, and mercy to the thousands of our countrymen who you and I know have been deceived or driven into this infernal rebellion. And so I return to where I started from, and again repeat, that it is time our people were taught to know that treason is a crime — not a mere political difference, not a mere contest be tween two parties, in which one succeeded, and the other has simply failed. They must know it is treason, for if they had succeeded, the life of the nation would have been reft from it, the Union would have been destroyed. Surely the Constitution sufficiently defines treason, It consists in levying war against the United States, and in giving their enemies aid and comfort. With this definition it requires the exercise of no great acumen to ascertain who are traitors. It requires no great perception to tell us who have levied war against the United States, nor does it-require any great stretch of reasoning to ascertain who has given aid to the enemies of the United States. And when the Government of the United States does ascertain who are the conscious and intelligent traitors, the penalty and the forfeit should be paid. I know how to appreciate the condition of being driven from one's home. I can sympa thize with him whose all has been taken from him ; with him who has been denied the place that gave his children birth ; but let us, withal, in the restoration of true government, proceed temperately and dispassionately, and hope and pray that the time will come, as I believe, when we all can return and remain at our homes, and treason and traitors be driven from our land ; [applause;] when again law and order shall reign, and the banner of our country he un furled over every inch of territory within the - area of the United States. In conclusion, let me thank you most pro foundly for this encouragement and manifesta tion of your regard and respect, and assure you that I can give no greater assurance regarding the settlement of this question than that l^ntend J to discharge my duty, and in that way which shall in the earliest possible hour bring back peace to our distracted country, and hope the time is not far distant when our people can all return to their homes and firesides, and resumo their various avocations. Interview with George L. Stearns. Washington, D. C, Oct. 3, 1865, 11£, A. M, I have just returned from an interview with President Johnson, in which he talked for an hour on the process of reconstruction of rebel States. His manner was as cordial, and his conversation as free as in 1863, when I met him daily in Nashville. His countenance is healthier, even more so than when I first knew him. I remarked that the people of the North were anxious that the process of reconstructibn should be thorough, and they wished to support him in the arduous work, but their ideas were confused by the conflicting reports constantly circulated, and especially by the present position of the Democratic party. It is industriously circulated in the Democratic clubs that he was going over to them. He laughingly replied. " Major, have you never known a man who for many years had differed from your views be cause you were in advance of him, claim them as his own when he came up to your stand point?" I replied, "I have, often." He said, "So have I, ' and went on : " The Democratic party finds its old position untenable, and is coming to ours ; if it has come up to our position, I am glad of it. You and I need no preparation. for this conversation ; we can talk freely on this subject, for the thoughts are familiar to us; we can be perfectly frank with each other." He then commenced with saying that the States ara in the Union, which is whole and indivisible. PRESIDENTIAL INTERVIEWS AND SPEECHES. 49 Individuals tried to carry them out, but did not succeed, as a man may try to cut his throat and be prevented by the bystanders ; and you cannot say he cut his throat because he tried to do it. Individuals may commit treason and be pun ished, and a large number of individuals may constitute a rebellion, and be punished as trai tors. Some States tried to get out of the Union, and we opposed it honestly, because we believed it to be wrong; and we have succeeded in put ting down the rebellion. The power of those persons who made the attempt has been crushed, and now we want to reconstruct the State gov ernments, and have the power to do it. The State institutions are prostrated, laid out on the ground, and they must be taken up and adapted to the progresB of events ; this cannot be done in a moment. We are making very rapid prog ress — so rapid I sometimes cannot realize it. It appears like a dream. We must not be in too much of a hurry ; it is better to let them reconstruct themselves than to force them to it; for if they go wrong the power is in our hands, and we can check them in any stage, to the end, and oblige them to correct their errors ; we must be patient with them. I did not expect to keep out all who were excluded from the amnesty, or even a large number of them ; but I intended they should sue for pardon, and so realize the enor mity of the crime they had committed. You could not have broached the subject of equal suffrage at the North seven years ago, and we must remember that the changes of the South have been more rapid, and they have been obliged to accept more unpalatable truth than the North has ; we must give them time to digest a part, for we cannot expect such large affairs will be comprehended and digested at once. We must give them time to understand their new position. I have nothing to conceal in these matters, and have no desire or willingness to take indirect courses to obtain what we want. Our Government is a grand and lofty struc ture ; in searching for its foundation we find it rests on the broad basis of popular rights. The elective franchise is not a natural right, hut a political right. I am opposed to giving the States too much power, and also to a great con solidation of power in the central government. If I interfered with the vote in the rebel States, to dictate that no negro shall vote, I might do the same for my own purposes in Pennsylvania. Our only safety lies in allowing each State to control the right of voting by its own laws, and we have the power to control the rebel States if they go wrong. If they rebel we have the army, and can control them by it, and, if necessary, by legislation also. If the General Government', controls the right to vote in the States, it may establish such rules as will re strict the vote to a small number of persons, and thus create a central despotism. My position here is different from what it would be if I was in Tennessee. There I should try to introduce negro suffrage gradually; first those who had served in the army ; those who could read and write ; and per haps a property qualification for others, say $200 or $250. It would not do to let the negro- have univer sal suffrage now ; it would breed a war of races. There was a time in the Southern States whr-n the slaves of large owners looked down upon non-slaveowners because they did not own slaves; the larger the number of slaves the masters owned the prouder they were, and this has pro duced hostility between the mass of the whites and the negroes. The outrages are mostly from non-slaveholding whites .against the negro, and from the negro upon the non-slaveholding ' whites. The negro will vote with the late master, whom he does not hate, rather than with the non- slaveholding white, whom he does hate. Uni versal suffrage would create another war, not against us, but a war of races. Another thing: This Government is the freest and best on earth, and I feel sure is destined to last ; but to secure this we must elevate and pu rify the ballot. I for many years contended at the South that slavery was a political weakness; hut others said it was political strength : they thought we gained three-fifths representation by it ; I contended that we lost two-fifths. If we had no slaves we should have had twelve Representatives more, according to the then ra tio of representation. Congress apportions rep resentation by States, not districts, and the State apportions by districts. Many years ago I moved in the Legislature that the apportionment of Representatives to Congress in Tennessee should he by qualified voters. The apportionment is now fixed until 1872; before that time we might change the basis of representation from population to qualified voters, North as well as South, and, indue course of time, the States, without regard to color, « might extend the elective franchise to all who possessed ..certain mental, moral, or such other •qualifications as might be determined by an en lightened public judgment. Boston, October 18, 1865, The above report was returned to me by President Johnson with the following endorse ment. George L. Steaens. I have read the within communication and find it substantially correct. I have made some verbal alterations. A. J. Address to the Colored Soldiers. October 10, 1865 — The first colored regiment of District of Columbia troops, recently returned from the South, marched to the Executive Man sion, and were addressed by the President, as follows : Mt Feiends: My object in presenting my self before you on this occasion is simply to, thank you, members of one of the colored regi ments which have been in tho service of the country to sustain and carry its banner and its laws triumphantly in every part of this broad land. I appear before you on the present oc casion merely to tender you my thanks for the compliment you have paid me on your return home, to again be associated with your friends 50 POLITICAL MANUAL. and your relations, and those you hold most sacred and dear. I have but little to say. It being unusual in this Government and in most of the other governments to have colored troops engaged in their cause, you have gone forth as events have shown, and served with patience and endurance in the cause of your country. This is your country as well as anybody else's country. This is the country in which you ex pect to live, and in which you should expect to do something by your example in civil life, as you have done in the field. This country is founded upon the principle of equality ; and at the same time the standard by which persons are to be estimated is according to their merit and their worth. And you observe, no doubt, that for him who does his duty faithfully and honestly, there is always a just public judgment that will appreciate and measure out to him his proper reward. I know that there is much well calculated in this Government, and since the late rebellion commenced, to excite the white against the black, and the black against the white man. These are things that you should all understand, and at the same time prepare yourselves for what is before you. Upon the return of peace and the surrender of the enemies of the country, it should be the duty of every patriot and every one who calls himself a Christian to remember that with a termination of the war his resent ments should cease — that angry feelings should subside, and that every man should become calm and tranquil, and be prepared for what is before him. This is another part of your mission. You have been engaged in the effort to sustain your country in the past, but the future is more im portant to you than the period in which you have just been engaged. One great question • has been settled in this Government, and that is the question of slavery. The institution of slavery made war upon the United States, and the United States has lifted its strong arms in' vindication of the Government and of free gov ernment, and in lifting the arm and appealing to the God of battles, it was decided that the institution of slavery must go down. This has been done, and the Goddess of Liberty, in bear ing witness over many of our battle-fields since the struggle commenced, has made her loftiest- flight and proclaimed that true liberty has been established upon a more permanent and endur ing basis than heretofore. But this is not all ; and as you have paid me the compliment to call upon me, I shall take the privilege of saying one or two words as I am before you. Now, when the sword is returned to its seab oard, when your arms are reversed, and when the olive-branch of peace is extended, resent ment and revenge should subside. Then what is to follow ? You do understand, no doubt— and if you do not you cannot understand too soon — that simple liberty does not mean the privilege of going into the battle-field, or into the service of the country as a soldier. It means other things as well ; and now when you have laid down your arms there are other objects of equal importance before you — now that the Gov ernment has triumphantly passed through this mighty rebellion, after the most gigantic battloa the world ever saw. ' The problem is before you, and it is best that you should understand it, and I therefore speak simply and plainly. Will you now, when yoh have retireeffrom the army of the United Stated and taken the position of the citizen — when you have returned to the avocations of peace — will you give evidence to the world that you aro capable and competent to govern yourselves? This is what you will have to do. Liberty is not a mere idea, a mere vagary ; when you come to examine this question of lib- , erty you should not be mistaken in a mere idea for the reality. It does not consist in idleness Liberty does not consist in being worthless. Liberty does not consist in doing in all things as we please ; and there can be no liberty with out law. In a government of freedom and lib erty there mustbe law, and there must be obe dience and submission to the law, without regard to color. Liberty — and may I not call you my countrymen? — liberty consists in the glorious ' privileges of freedom — consists in the glorious privileges of worth — of pursuing the ordinary avocations of peace with energy, with industry, and with economy ; and that being done, all those who have been industrious and economical are permitted to appropriate and fenjoy the pro ducts of their own labor. This is one of the great blessings of freedom ; and hence we might ask the question and answer it by stating that liberty means freedom to work and enjoy the products of your own labor. You will soon be mustered out of the ranks. It is for you to establish the great fact that yon are fit and qualified to be free. Hence, freedom is not a mere idea, but it is something that ex ists in fact. Freedom is not simply the principle to live in idleness. Liberty does not mean simply to resort to the low saloons and other places of disreputable character. Freedom and liberty do not mean that the people ought to live in licen tiousness, but liberty means .simply to be indus trious and to be virtuous, to be upright in all our dealings and relations with men ; and to those now before me, members of the last regi ment of colored volunteers from the District of Columbia, and the capital of the United States, I have to say, that a great deal depends upon yourselves ; you must give evidence that you are competent for the rights that the government has guaranteed to you. Hence, each and all of you must be measured according to his merit. If one man is more meritorious than the other, they cannet bs equals, and he is the most exalted that is the most meritorious, without regard to color ; and the idea of having a law passed in the morning that will make a white man black before night and a black man a white man before day is ab surd. That is not the standard ; it is your own conduct ; it is your own merit ; it is the devel opment of your own talents and of your intel lectual and moral qualities. Let this, then, be your course ; adopt systems of morality; abstain from all licentiousness; and let me say one thing here, for I am going to talk plainly. I have lived in a Southern State all my life, and know what has too often PRESIDENTIAL INTERVIEWS AND SPEECHES. 51 heen tho case. There is one thing you should esteem higher and nore supreme than almost all others, and that is the solemn contract with all tho penalties in the association of married life. Mon and women should abstain from those qual ities and habits that too frequently follow a war. -Inculcate among? your children and among your associates, notwithstanding you are just back from the army of the United States, that virtue, that merit, that intelligence are the standards to be observed, and those which you are deter mined to maintain during your future lives. He that is meritorious and virtuous, intellectual and well informed, must stand highest, without re- fard to color. It is the very basis upon which eaven itself rests — each individual takes his degree in the sublimer and more exalted regions in proportion to his merits and his virtue. Then I shall say to you on this occasion, in returning to your homes and firesides, after feel ing conscious and proud of having faithfully done your duty, return with the determination that you will perform your duty in the future as you have performed it in the past. Abstain from all those bickerings and jealousies and re vengeful feelings which too often spring up be tween different races. There is a great problem before us, and I may as well allude to it here in this connection, and that is, whether this race can be incorporated and mixed with the people of the United States — to be made a harmonious and permanent ingre dient in the population. This is a problem not yet settled, but we are in the right line to do so. Slavery raised its head against the Government, and the Government raised its strong arm and struck it to the ground ; hence, that part of the problem is settled. The institution of slavery is overthrown. But another part remains to be solved, and that is, can four millfons of people, reared as they have been, with all their preju dices of the whites — can they take their places in the community, and be made to work harmoni ously and congruously in our system ? This is a problem to be considered. Are the digestive powers of the American Government sufficient to receive this element in a new shape, and digest it and make it work healthfully upon the system that has incorporated it ? This is the question to be determined. Let us make the experiment, and make it in good faith. If that cannot be done, there is another problem that is before us. If we have to be come a separate and distinct people (although I trust that the system can be made to work harmoniously, and that the great problem will be settled without going any further) — if it Bhouldbe so that the two races cannot agree and live in peace and prosperity, and the laws of Providence require that they should be sepa rated — in that event, looking to the far distant future, and trusting in God that it may never come — if it should come, Providence, that works mysteriously, but unerringly and certainly, will point out the way, and the mode, and the man ner by which these people are to be separated, and they are to be fatten to their land of inherit ance and promise, for such a one is before them. Hence we are making the experiment. Hence, let me again impress upon you the importance of controlling your passions, develop ing your intellect, and of applying yourphysicai powers to the industrial interests of the country ; and that is the true process by which this ques tion can be settled. Be patient, persevering, and forbearing, and you will help to solve this problem. Make for yourselves a reputation in this cause, as you have won for yourselves a reputation in the cause in which you have been engaged. In speaking to the members of this regiment, I want them to understand that, so far as I am concerned, I do not assume or pre tend that I am stronger than the laWB or course of nature, or that I am wiser than Providence itself. It is our duty to try and discover what these great laws are which are the foundation of all things, and, having discovered what they are, conform our action and conduct to them and to the will of God, who ruleth all things. He holds the destinies of nations in the palm of his hand, and He will solve the questions and rescue these people from the difficulties that have so long surrounded them. Then let us be patient, industrious, and persevering. Let us develop our intellectual and moral worth. I trust what I have said may be understood and appreciated. Go to your homes and lead peaceful, prosperous, and happy lives, in peace with all men. Give utterance to no word that would cause dissensions, but do that which will be creditable to yourselves and to your country. To the officers who have led and so nobly com manded you in the field I also return my thanks, for the compliment you and they have conferred upon me. Interview with Senator Dixon, of Connecticut. January 28, 1866— The following is the sub stance of the conversation, as telegraphed that night over the country : The President said he doubted the propriety at this time of making further amendments to the Constitution. One great amendment had already been made, by which slavery had for ever been abolished within the limits of the United States, and a national guarantee thus given that the institution should never exist in the land. Propositions to amend the Constitu tion were becoming as numerous as preambles and resolutions at town meetings oftlled to con sider the most ordinary questions connected with the administration of local affairs. All this, in his opinion, had a tendency to diminish the dig nity and prestige attached to the Constitution of the country, and to lessen the respect and confidence of the people in their great charter of freedom. If, however, amendments are tc be made to the Constitution, changing the basis of representation and taxation, (and he did not deem them at all necessary at the present time,) he knew of none better than a simple proposi tion, embraced in a few lines, making in each State the number of qualified voters the basis of representation, and the value of property the basis of direct taxation. Such a proposition could be embraced in the following terms : "Representatives shall be apportioned among the several States which may be included within this Union according to the number of qualified voters in each State. 52 POLITICAL MANUAL. ". Direct taxes shall be apportioned among the several States which may be included within this Union according to the value of all taxable property in each State." An amendment of this kind would, in his opinion, place the basis of representation and direct taxation upon correct principles. The qualified voters were, for the most part, men" who were subject to draft and enlistment when it was necessary to repel invasion, suppress re bellion, and quell domestic violence and insur rection. They risk their lives, shed their blood and peril their all to uphold the Government, and give protection,, security, and value to property. It seemed but just that property should compensate for the benefits thus conferred, by defraying the expenses incident to its, pro tection and enjoyment. Such an amendment, the President also sug gested, would remove from Congress, all issues in reference to the political equality of the races. It would leave the States to determine absolute ly the qualifications of their own voters with regard to color ; and thus the number of Repre sentatives to which they would be entitled in Congress would depend upon the number upon whom they conferred the right of suffrage. The President, in this connection, expressed the opinion that the agitation of the negro franchise question in the District of Columbia at this time was the mere entering-wedge to the agitation of the question throughout the States, and was ill-timed, uncalled-for, and calculated to do great harm. He believed that it would engender enmity, contention, and strife between the two races, and lead to a war between them, which would result in great injury to both, and the certain extermination of the negro popula tion. Precedence, he thought, should be given to more important and urgent matters, legisla tion upon which was essential to the restoration of the Union, the peace of the country, and the prosperity of the people. Interview with a Colored Delegation respecting Suffrage. February 7, 1866— The delegation of colored representatives from different States of the country, now in Washington, to urge the inter ests of the colored people before the Govern ment, had an interview with the President. The President shook hands kindly with each member of the delegation. address of geoege t. downing. Mr. Geoege T. Downing then addressed the President as follows : We present ourselves to your Excellency, to make known with pleasure the respect which we are glad to cherish for you — a respect which is your due, as our Chief Magistrate. It is our desire for you to know that we come feeling that we are friends meeting a friend. We should, however, have manifested our friend ship by not coming to further tax your already much burdened and valuable time ; but we have another object in calling. We are in a passage to equality before the law. God hath made it by opening a Red Sea. We would have your assistance through the same. We come to £ ou in the name of the colored people of the "nited States. We are delegated to come by some who have unjustly worn iron matiacleson their bodies — by some whose minds have been manacled by class legislation in States called free. The colored people of the States of Illi nois, Wisconsin, Alabama, Mississippi, Florida, South Carolina, North Carolina, Virginia, Mary land, Pennsylvania, New York, New England States, and District of Columbia have specially delegated ns to come. Our coming is a marked circumstance, noting determined hope that we are hot satisfied with an amendment prohibiting slavery, but that We wish it, enforced with appropriate legislation. This is our desire. We ask for it intelligently, with the knowledge and conviction that the fathers of the Revolution intended freedom for every American ; that they should be protected in their rights as citizens, and be equal before the law. We are Americans, native born Americans. We are citizens ; we are glad to have it known to the world that you hear no doubtful re cord on this point. On this fact, and with con fidence in the triumph of justice, we base our hop.e.. We see no recognition of color or race in the . organic law of the land. It knows no privileged class, and therefore we cherish the hope that we may be fully enfranchised, not only here in this District, hut throughout . the land. We respectfully submit that rendering anything less than this will be rendering to ns less than our just due ; that granting anything less than our full rights will be a disregard of our just rights and of due respect for our feelings. If the powers that be do so it will be used as a license, as it were, or an apology, for any com*- munity, or for individuals thus disposed, te outrage our rights and feelings. It has been shown in the present war that the Government may justly reach its.strong arm into States, and demand from them, from those who owe it alle giance, their assistance and support. May it not reach out a like arm to secure and protect its subjects upon who it has a claim ? ADDEESS OF FEED. DOUGLASS. Following upon Mr. Downing, Mr. Fred. Douglass advanced and addressed the President, saying : Mr. President, we are not here to enlighten you, sir, as to your duties as the Chief Magis^ trate of this Republic, but to show our respect, and to present in brief the claims of our race to your favorable consideration. In the order df Divine Providence you are placed in a position where you have the power to save or destroy us, to bless or blast us — I mean our -whole race. Your noble and humane predecessor placed in our hands the sword to assist in saving the na tion, and we do hope that you, his able succes sor, will favorably regard the placing in out hands the ballot with which to save ourselves-. , We shall submit no argument on that point. The fact that we are the subjects of Government, and subject to taxation, subjeot to volunteer in the service of the country, subject to being drafted, subject to bear the burdens of the State, makes it not improper that we should ask ttt share in the privileges of'this condition. PRESIDENTIAL INTERVIEWS AND SPEECHES. 53 I have no speech to make on this occasion. I simply submifc these observations as a limited expression of the views and feelings of the dele gation with which I have come. RESPONSE OF THE PRESIDENT. In reply to some of your inquiries, not to make a speech about this thing, for it is always best to talk plainly and distinctly about such matters, I will say that if I have not given evi dence in my course that I am a friend of hu manity, and to that portion of it which consti tutes the colored population, I can give no evidence here. Everything that I have had, both as regards life and property, has been per illed in that cause, and I feel and think that I understand — not to be egotistic — what should be the true direction of this question, and what course of policy would result in the melioration and ultimate elevation, not only of the colored, but of the great mass of the people of the United States. I say that if I have not given evidence that I am a friend of humanity, and especially the friend of the colored man, in my past con duct, there is nothing that I can now do that would. I repeat, all that I possessed, life, lib erty, and property, have been put up, in con nection with that question, when I had every inducement held out to take the other course, by adopting which I would have accomplished perhaps all that the most ambitious might have desired. If I know myBelf, and the feelings of my own heart, they have been for the colored man. I have owned slaves and bought slaves, but I never sold one. I might say, however, that practically, so far as my connection with slaves has gone, I have been their slave instead of their being mine. Some have even followed me here, while others are- occupying and enjoy ing my property with my consent. For the colored race my means, my time, my all- has been perilled; and now at ' this late day, after giving evidence that is tangible, that is practi cal, I am free to say to you that I do not like to be arraigned by some who can- get up hand somely-rounded periods and deal in rhetoric, and talk about abstract ideas of liberty, who never perilled life, liberty, or property. This kind of theoretical, hollow, unpractical friend ship amounts to but very little. While I say that I am a friend of .the colored man, I do not want to adopt a policy that I believe will end in a contest between the races, which if persisted in will result in the extermination of one or the other. God forbid that I should be engaged in such a work ! Now, it is always best to talk about things practically and in a common sense way. Yes, I have said, and I repeat here, that if the colored man in the United States could find no other Moses, or any Moses that would be more able and efficient than myself, I would be his Moses co Jead him from bondage to freedom ; that I would pass him from a land where he had lived in slavery to a land (if it were in our reach} of freedom. Yes, I would, be willing to pass with him through the Red sea to the Land of Promise, to the land of liberty ; but I am not willing, under either circumstance, to adopt a policy which I believe will only result in the sacrifice of his life and the shedding of his blood. I think I know what I say. I feel what I say ; and I feel well assured that if the poliqy urged by some be persisted in, it will result in great ipj ury to the white as well as to the colored man. There is a great deal of talk about the sword in one hand accomplishing an end, and the ballot accomplishing another at the ballot-box. These things all do very well, and sometimes have forcible application. We talk about jus tice ; we talk about right ; we say that the white man has been in the wrong in keeping the black man in slavery as long as be has. That is all true. Again, we talk about the Declaration of Independence and equality before the law. You understand all that, and know how to appreciate it. But, now, let us look each other in the face ; let us go to the great mass of colored men throughout the slave States ; let us take the condition in which they are at the present time — and it is had enough, we all know — and suppose, by some magic touch you could say to every one, "you shall vote to-morrow;" how much would that ameliorate their condition at this time? Now, let us get closer up to this subject, and talk about it. [The President hero approached very near to Mr. Douglass.] What relation has the colored man and the white man heretofore occupied in the South ? I opposed slavery upon two grounds. First, it was a great monopoly, enabling those who controlled and owned it to constitute an aristocracy, enabling the few to derive great profits and rule the many with an ¦iron rod, as it were. And this is one great ob jection to it in a government, it being a mono poly. I was opposed to it secondly upon the abstract principle of slavery. Hence, in getting clear of a monopoly, we are getting clear of slavery at the same time. Sq you see there were two right ends accomplished in the accomplish ment of the one. Mr. Douglass. Mr. President, do you wish — The Pbesident. I am not quite through yet Slavery has been abolished, A great national guarantee has been given, one that cannot be revoked. I was getting s t the relation that sub sisted between the white man and the colored men. A very small proportion of white per sons compared with the whole number of such owned the colored people of the South. I might instance the State of Tennessee in illustration. There were there twenty-seven non-slaveholders to one slaveholder, and yet the slave power con-;- trolled the State. Let us talk about this matter as it is. Although the colored man was in slavery t)iere, and owned as property in the sense and in the language of that locality and of that com munity, yet, in comparing his condition and his position there with the non-slaveholder, he usu ally estimated his importance just in proportion to the number of slaves that his master owned with the non-slaveholder. Have you ever lived upon a plantation ? Mr. Douglass. I have, your excellency. The President. When you would look over and see a man who had a large family, strug gling hard upon a poor piece of land, you thought a great deal less of him than yon did of your own master's negro, didn't you? 54 POLITICAL MANUAL. Mr. Douglass. Not I ! The President. Well, I know such was the case with a large number of you in those sec tions. Where such is the case we know there is an enmity, we know there is a hate. The poor white man, on the other hand, was opposed to the slave and his master ; for the colored man and his master combined kept him in slavery, by depriving him of a fair participation in the labor and productions of the rich land of the country. Don't you know that a colored man, in going to hunt a master ( as they call it) for the next year, preferred hiring to a man who own ed slaves rather than to a man who did not? I know the fact, at all events. They did not consider it quite as respectable to hire to a man who did not own Degroes as to one who did. Mr. Douglass. Because he wouldn't be treated as well. The President. Then that is another argu ment in favor of what I am going to say. It shows that the colored man appreciated the slave owner more highly than he did the man who didn't own slaves. Hence the enmity between the colored man and the non-slaveholders. The white man was permitted to vote before — gov ernment was derived from him. He is a part and parcel of the political machinery. Now, by therebellion or revolution — and when you come back to the objects of this war, you find that the abolition of slavery was not one of the ohj ects ; Congress and the President himself declared that it was waged on our part in order to suppress the rebellion — the abolition of sla very has come as an incident to the suppression of a great rebellion — as an incident, and as an incident we should give it .the proper direction. The colored man went into this rebellion a slave ; by the operation of the rebellion he came out a, freedman — equal to a freeman in any other portion of the country. Then there is a great deal done for him on this point. The non- slaveholder who was forced into the rebellion, who -was as loyal as those that lived beyond the limits of the State, but was carried into it, lost , his property, and in a number of instances the lives of such were sacrificed, and he who has survived has come out of it with nothing gained, but a great deal lost. Now, upon the principle of justice, should they be placed in a condition different from what they were before? On the one hand, one' has gained a great deal ; on tho other hand, one has lost a great deal, and, in a political point of view, scarcely stands where he did before. Now, we are talking about where we are going to begin. We have got at the hate that existed between the two races. The query comes up, whether these two races, situated as they were before, without preparation, without time for passion and excitement to be appeased, and with out time for the slightest improvement, whether the one should be turned loose upon the other, and be thrown together at the ballot-box with this enmity and hate existing between them. The query comes up right there, whether we don't commence a war of races. I think I un derstand this thing, and especially is this the case when you force it upon a people without their consent. • You have spoken about government. Where is power derived from? We say it is derived from the people. Let us take ft so, and refer to the District of Columbia by way of illustration. Suppose, for instance, here, in this political com munity, which, to a certain extent, must have government, must have laws, and putting it now upon the broadest basis you can put it — take into consideration the relation which the white has heretofore borne to the colored race— is it proper to force upon this community, without their consent, the elective franchise, withont regard to color, making it universal ? Now, where do you begin ? Government must have a controlling power — must havo a lodg ment. For instance, suppose Congress should pass a law~autb.ori.zing an election to be held at whieh all over twenty-one years of age, without regard to color, should be allowed to vote, and a majority should decide at such election that the elective franchise should not be universal; what would you do about it ? Who would set tle it ? Do you deny that first great principle of the right of the people to govern themselves ? Will you resort to an arbitrary power, and say a majority of the people shall receive a state of things they are opposed to ? Mr. Douglass. That was said before the war. The Peesident. I am now talking about a principle ; not what somebody else said. Mr. Downing. Apply what you have said, Mr. President, to South Carolina, for instance, where a majority of the inhabitants are colored. The Peesident. Suppose you go to South Carolina; suppose you go to Ohio. That doesn't change the principle at all. The query to which I have referred still comes up when govern ment is undergoing a fundamental change. Gov ernment commenced upon this principle ; it has existed upon it ; and you propose now to incor porate into it an element that didn't exist be fore. I say the query comes up in undertaking this thing whether we have a right to make a change in regard to the elective franchise in Ohio, for instance: whether we shall not let the people in that State decide the matter for them- Each community is better prepared to deter mine the depositary of its pc-litical power than anybody else, and it is for the Legislature, for the people of Ohio to say who shall vote, and not for the Congress of the United States. I might go down here to the ballot-box to-morrow and vote directly for universal suffrage ; but if a great majority of the people, said no, I should consider it would be tyrannical in me to attempt to force such upon them without their will. It is a fundamental tenet in my creed that the will of tho people must be obeyed. Is there any thing wrong or unfair in that ? Mr. Douglass (smiling.) A great deal that is wrong, Mr. President, with all respect. The President. It is the people of the States that must for themselves determine this thing. I do not want to be engaged in a' work that will commence a war of races. I want to begin the work of preparation, and the States, or the peo ple in each community, if a man demeans him' self well, and shows evidence that this new state of affairs will operate, will protect him in all his rights, and give him every possible advantage PRESIDENTIAL INTERVIEWS AND . SPEECHES. 55 when they become reconciled socially and politi cally to this state of things. Then will this new order of things work harmoniously ; but forced upon the people before they are prepared for it, it will be resisted, and work inharmpniously. I feel a conviction that driving this matter upon the people, upon the community, will result in the injury of both races, and the ruin of one or the other. God knows I have no desire but the good' of the whole human race. I would it were so that all you advocate could be done in the twinkling of an eye ; but it is not in the nature of things, and I do not assume or pretend -to be wiser than Providence, or stronger than the laws of nature. Let us now seek to discover the laws govern ing this tiling. There is a great law controlling it ; let us endeavor to find out what that law is, and conform our actions to it. All the details will then properly adjust themselves and work out well in .the end, God knows that anything I can do I will do. In the mighty process by which the great end is to be reached, anything I can do to elevate the races, to soften and ameliorate their condi tion I will do, and to be able to do so is the sin cere desire of my heart. I am glad to have met you, and thank you for the compliment you have paid me. Mr. Douglass. I have to return to you our thanks, Mr. President, for so kindly granting us this interview. We. did not come here expect ing to argue this question with your excellency, but simply to state what were our views and wishes in the premises. If we were disposed to argue the question, and you would grant us per mission, of course we would, endeavor to contro vert some of the positions you have assumed. Mr. Downing. Mr. Douglass, I take it that the President, by his kind expressions and his very full treatment of the subject, must have contemplated some reply to the views which he has advanced, and in which we certainly do not concur, and I say this with due respect. The Peesident. I thought you expected me to indicate to some extent what my views were on the subjects touched upon in your statement. Mr. Downing. We are very happy, indeed, to have heard them. Mr. Douglass. If the President will allow me, I would like to say one or two words in reply. You enfranchise your enemies and dis franchise your friends. The Peesident. All I have done is simply to indicate what my views are, as I supposed you expected me to, from your address. Mr. Douglass. My own impression is that the very thing that your excellency would avoid in the southern States can ' only be avoided by the verji measure that we propose, and I would state to my brother delegates that because I perceive the President has taken strong grounds in favor of a given policy, and distrusting my own ability to remove any of those impressions which he has expressed, I thought we had bet ter end the interview with the expression of thanks. (Addressing the President.) But if our excellency willhe pleased tohear, I would ike to say a word or two in regard to that one mutter of the enfranchisement of the blacks as I a means of preventing the very thing which your excellency seems to apprehend — that is a conflict of races. The Peesident. I repeat, I merely wanted to indicate my views in reply to your address, and not to enter into any general controversy, as I could not well do so under the circum stances. Your statement was a very frank one, and I thought it was due to you to meet it in the same spirit. Mr. Douglass. Thank you, sii. The President. I think yon will find, so far as the South is concerned, that if you will all in culcate there the idea in connection with the one you urge, that the colored people can live and advance in civilization to better advantage else where than crowded right down there in the South, it would be bettor for them. Mr. Douglass. But the masters have the making of the laws, and we cannot get away from the plantation. The Peesident. What prevents you ? Mr. Douglass. We have not the single right of locomotion through the Southern States now. The Peesident. Why not ; the government furnishes you with every facility. Mr. Douglass. There are six days in the year that the negro is free in the South now, and his master then decides for him where he shall go, where he shall work, how much he shall work — in fact, he is divested of all political power. He is absolutely in the- hands of those men. The Peesident. If the master now controls him or his action, would he not control him in his vote ? Mr. Douglass. Let the negro once understand that he has an organic right to vote, and he will raise up a party in "the Southern States among the poor, who will rally with him. There is this conflict that you speak of between the wealthy slaveholder and the poor man. The President. You touch right upon the point there. There is this conflict, and hence I suggest emigration. If he cannot get employ ment in the South, he has it in his power to go where he can get it. In parting, the Peesident said that they were both desirous of accomplishing the same ends, but proposed to do so by following different roads. Mr. Douglass, on turning to leave, remarked to his fellow delegates: "The President sends us to the people, and we go to the people." The Peesident. Yes, sir ; I have great faith in the people. I believe they will do what is right. Reply of the Colored Delegation to the Presi dent- To the Editor of the Chronicle : Will you do us the favor to insert in your columns the following reply of the colored dele gation to the President of the United States ? Geo. T. Downing, In behalf of the Delegation. Mr. President : In consideration of a deli cate sense of propriety, as well as your own re peated intimations of indisposition to discuss or to listen to a reply to the views ani opinions 56 POLITICAL MANUAL. you were pleased to express to us in your elabo rate speech to-day, the undersigned would re spectfully take this method of replying thereto. Believing as we do that the views and opinions you expressed in that address are entirely un sound and prejudicial to the highest interests of our race as well as our country at large, we cannot do other than expose the same, and, as far as may be in our power, arrest their dan gerous influence. It is not necessary at this time to call attention to more than two or three features of your remarkable address : 1. The first point to which we feel especially .bound- to take exception is your attempt to found a policy opposed to our enfranchisement, upon the alleged ground of an existing hostility on the part of the forrr er slaves toward the poor white people of the South. We admit the ex istence of this hostility, and hold that it is en tirely reciprocal. But you obviously commit an error by drawing an argument from an incident of a state of slavery, and making it a basis for i policy adapted to a state of freedom. The lostility between the whites and blacks of the * South is easily explained. It has its. root and sap in the relation of slavery, and was incited on both sides by the cunning of the slave mas ters. Those masters secured their ascendency over both the poor whites and the blacks by putting enmity between them. They divided both to conquer each. There was no earthly reason why the blacks should not hate and dread the poor whites when in a state of slavery, for it was from this class that their masters received their slave-catchers, slave- drivers, and overseers. They were the men called in upon all occasions by the masters when any fiendish outrage was to be committed upon the slave. Now, sir, you cannot but perceive that, the cause of this hatred removed, the effect must be removed also. Slavery is abolished. The cause of antagonism is removed, and you must see that it is altogether illogical (and "put ting new wine into old bottles," "mending new garments with old cloth ") to legislate from slave- holding and slave^drivihg premises for a people whom you have repeatedly declared your pur pose to maintain in freedom. 2. Besides, even if it were true, as you allege, that the hostility of the blacks toward the poor whites must necessarily project itself into a state of freedom, and that this enmity between the two races is even more intense in a state of freedom than in a state of slavery, in the name ef Heaven, we reverently ask, how can you, in view of your professed desire to promote the welfare of the hlack man, deprive him of all means of defence, and clothe him whom you regard as his enemy in the panoply of political power? Can it be that you would recommend a policy which would arm the strong and cast down the defenceless ? Can you, by any possi- aility of reasoning, regard this as just, fair.'or wise ? Experience proves that those are often- est abused who can be abused with the greatest impunity. Men are whipped oftenest who are whipped easiest. Peace betwen rsjces is not to be secured by degrading, one race and exalting another, by giving power to one race and with holding it from another ; but by maintaining a state of equal justice between all classes. First pure, then peaceable. 3. On the colonization theory you were pleased to broach, very much could be said. It is im possible to suppose, in view oi the usefuldessVof the black man in time of peace as a laborer in', the South, and in time of war as a soldier at the North, and the growing respect for his rights among the people, and his increasing adapta tion to a high state of civilization in this his, native land, there can ever come a time when he can be removed from this country without a terrible shock to its prosperity and' peace. Be-' sides, the worst enemy of the nation could not cast upon its fair name a greater infamy than to suppose that negroes could be tolerated- among, them in a state of the most degrading slavery and oppression, and must be cast away, driven into exile, for no other cause than having been ' freed from their chains. George T. Downing, John Jones, William Whipper, Feedeeick Douglass, Lewis H.' Douglass, and others, Washington, February 7, 1866. Remarks at an Interview with the Committoe of the Legislature of Virginia. February 10, 1866 — A committee of the Sen ate and House of Delegates of Virginia called upon the President, for the purpose of present ing him with resolutions adopted by the General Assembly of Virginia. After some remarks by Mr. John B. Baldwin, chairman of the delega- ', tion, the President responded: In reply, gentlemen, to the resolutions you have just presented to me, and the clear and forcible and concise remarks which you have made in explanation of the position of Virginia, I shall not attempt to make a formal speech, but ' simply to enter into a plain conversation in re gard to the condition of things in which we stand. As a premise to what I may say, permit me first to tender you my thanks for this visit, and ¦> next to express the gratification I feel in meet- , ing so many intelligent, responsible, and respect able men of Virginia, bearing to me the senti- , ments which have been expressed in the resolu tions of your Legislature and the remarks ac companying them. Thay are, so far as they refer to the Constitu- -: tion of the country, the sentiments and the ' principles embraced in the charter of the Gov- : ernment. The preservation of the Union has been, from my entrance into public life, one of my cardinal tenets. At the very incipiency of this rebellion I set my fAce against thmdissolu- tion of the Union of the States. I do'not make this allusion for the purpose of bringing up any thing which has transpired which may here-' ' garded as of an unkind or unpleasant character," '. but I believed then, as I believe now,' and! as. ' you have most unmistakably indicated, that %tr"- secunty and the protection of the rights of all • the pepple were to be found in the Union ¦ that 0 we were certainly safer in the Union than wo : ' were out of it. , ¦ ' PRESIDENTIAL INTERVIEWS AND SKEECHES. 57 Upon this conviction I based my opposition to the efforts which were made to destroy the Union. I have, continued those efforts, notwith standing the perils through which I have passed, and you are not unaware that the trial has been a severe one. When opposition to the Govern ment came> from one section of the country, and that the section in which my life had been passed, and with which my interests were identified, I stood, as I stand now, contending for the Union, and asseverating that the best and surest way to obtain our .rights and to protect our interests was to remain in the Union, under the protec tion of the Constitution. The ordeal through which we have passed during the last four or five years demonstrates moat conclusively that that opposition was right; and to-day, after the experiment has been made and has failed ; after the demonstra-, tion has been most conclusively afforded that this Union cannot be dissolved, that it was not designed to be dissolved, it is extremely gratify ing to me to meet gentlemen as intelligent and as responsible as yourselves, who are willing and anxious to accept and do accept the terms laid down in the Constitution and in obedience to the laws made in pursuance thereof. We were at one period separated ; the sepa ration was to me painful in the extreme ; but now, after having gone through a Struggle in which the powers of the Government have been tried, when we have swung around to a point at which we meet to agree and are willing to unite our efforts for the preservation of the Govern ment, which I believe is the best in the world, it is exceedingly gratifying to me to meet you to-day, standing upon common ground, rallying around the Constitution and the Union of these States, the preservation of which, as I conscien tiously and honestly believe, will result in the promotion and the advancement of this people. I repeat, I am gratified to meet you to-day, expressing the principles and announcing the sentiments to which you have given utterance, and I trust that the occasion will long be re membered. I have no doubt that your inten tion is to carry out and comply with every single principle laid down in thejesolutions you have submitted. I know thatsome are distrust ful ; but I am of those who have confidence in the judgment, in the integrity, in the intel ligence, in the virtue of the great mass of the American people ; and having such confidence, J am willing to trust them, and I thank 'God that we have not yet reached that point where we have lost all confidence in each other. The spirit of the Government can only be preserved, we can only become prosperous and great as8a people, by mutual forbearance and confidence"} Upon that faith and confidence alone can the Government be successfully car ried on, .Onjfche cardinal principle of representation to which you refer I will make a single remark. Tlija-tSprijiciple is inherent ; it constitutes one of th'e fundamental elements of this Government. The* representatives of the States and of the people should have the qualifications prescribed by the Constitution of the United. States, and toose qualifications most unquestionably imply loyalty. He who comes as a representative, having the qualifications prescribed by the Con stitution to fit him to take a seat in either of the deliberative bodies which constitute the na tional legislature, must necessarily, according to the intendment of the Constitution, be a loyal man, willing to abide by and devoted to the Union and the Constitution of the States. He cannot be for the Constitution, he cannot be for the Union, he cannot acknowledge obedience to all the laws, unless he is loyal. When the peo ple send such men in good faith, they are enti- tSd to representation through them. In going into the recent rebellion or insurrec tion against the Government of the United States we erred ; and in returning and resum ing our relations with the Federal Government, I am free to say that all the responsible positions and places ought to be confined distinctly and clearly to men who are loyal. If there were only five thousand loyal men in a State, or a less number, but sufficient to take charge of the political machinery of the State, those five thou sand men, or the lesser number, are entitled to it, if all the rest should be otherwise inclined. I look upon it as being fundamental that the exercise "of political power should be confined to loyal men ; and I regard that as implied in the doctrines laid down in these resolutions and in the eloquent address by which they have been accompanied. ', I may say, furthermore, that af ter having passed through the great struggle in which we have' been engaged, we should be placed upon much more acceptable ground in re suming all our relations to the General Govern ment if we presented men unmistakably and unquestionably loyal to fill the places of power. This being done, I feel that the day is not far distant — I speak confidingly in reference to the great mass of the American people — when they will determine that this Union shall be made whole, and the great right of representation in the councils of the nation be acknowledged. Gentlemen, that is a fundamental principle. " No taxation without representation " was one of the principles which carried us through the Revolution. This great principle will hold good yet ; and if we but perform our duty, if we but comply with the spirit of the resolutions pre sented to me to-day, the American people will maintain and sustain the great doctrines upon which the Government was inaugurated. It can be done, and it will be done : and I think that if the effort be fairly and fully made, with for bearance and with prudence, and with discretion and wisdom, the end is not very far distant. It seems to me apparent that from every con sideration the best policy which could be adopted at present would be a restoration of these States and of the Government upon correct principles. We have some foreign difficulties, but the moment it can be announced that the Union of the States is again complete, that we have resumed our career of prosperity and greatness, at that very instant, almost, all our foreign difficulties will be settled ; for there is no power upon the earth' which will care to have a controversy or a rup ture with the Government of the United States under such circumstances. If -these States be fully restored, the area foi 58 POLITICAL MANUAL. the circulation of the national currency, which is thought by some to be inflated to a very great extent, will be enlarged, the number of persons through whose hands it is to pass will be in creased, the quantity of commerce in which it is to be employed as a medium of exchange will be enlarged ; and then it will begin to approximate what we all desire, a specie standard. If all the States were restored — if peace and order reigned throughout the land, and 'all the industrial pur suits — all the avocations of peace — were again resumed, the day would not be very far distant when we could put into the commerce of the world $250,000,000 or $300,000,000 worth of cotton and tobacco, and the various products of the Southern States, which would constitute, in part, a basis of this currency. Then, instead of the cone being inverted, we should reverse the position, and put the base at the bottom, as it ought to he ; and the currency of the country will rest on a sound and enduring basis ; and surely that is a result which is cal culated to promote the interests not only of one section, but of the whole country, from one ex tremity to the other. Indeed, Ilook upon the restoration of these States as being indispensable to all our greatness. Gentlemen, I know nothing further that I could say in the expression of my feelings on this occasion — and they are not affected; — more than to add, that I shall continue in the same line of policy which I have pursued from the commencement of the rebellion to the present period. My efforts have been to preserve the Union of the States. I never, for a single mo ment, entertained the opinion that a State could withdraw from the Union of its own will. That attempt was made. It has failed. I continue to pursue the same line of policy which has been my constant guide. I was against dissolution. Dissolution was attempted ; it has failed ; and now I cannot take the position that a State which attempted to secede is out of the Union, when I contended all the time that it could not go out, and that it never has been out. I cannot be forced into that position. Hence, when the States and their people shall have complied with the requirements of the Government, I shall be in favor of their resuming their former relations to this Government in all respects. I do not intend to say anything personal, but you know as well as I do that at the beginning, and indeed before the beginning, of the recent gigantic struggle between the different sections of the country, there were extreme men South and there were extreme men North. I might make use of a homely figure — which is sometimes as good as any other, even in the illustrations of great and important questions — and say that it has been hammer at one end of the line and anvil at the other ; and this great Government, the best the world ever saw, was kept upon the anvil and hammered before the rebellion, and it has been hammered since the rebellion ; and there seems to be a disposition to continue the hammering until the Government shall be de stroyed. I have opposed that system always, and I oppose it now. The Government, in the assertion of its powers and in the maintenance of the principles of the constitution, has taken hold ol one extreme, !and with the strong arm of physical power has put down the rebellion. Now, as we swing aronrid the circle of the Union, with a fixed and unal terable determination to stand by it, if we find the counterpart or the duplicate of the same spirit that played to this feeling and these per sons in the South, this other extreme,' which stands in the way must get out of it, and the Government must stand unshaken and unmoved on its basis. The Government must be pre served. I will only say, in conclusion, that I hope all the people of this country, in good faith and m the fullness of their hearts, will, upon the principles which you have enunciated here to-day, of the maintenance of the Constitution and the preser vation of the Union, lay aside every other feel ing for the good of our common country, and with uplifted faces to heaven swear that our gods and our altars and all shall sink in the dust together rather than that this glorious Union shall not be preserved. I am gratified to find the loyal sentiment of the country developing and manifesting itself in these expressions; and now that the attempt to destroy the government has failed at one end of the line, I trust we shall go on determined to preserve the' Union in its original purity against all opposers. : . I thank you, gentlemen, for the compliment you have paid me, and I respond most cordially to whathas been said in your resolutions and address, and I trust in God that the time will soon come when we can meet under more favor able auspices than we do now. Speech of the 22d February, 1866. [Report of National Intelligencer.] After returning his thanks to the committee which had waited upon him and presented him with the resolutions which had been adopted, the President said : The resolutions, as I under stand them, are complimentary of the policy which has been adopted and pursued by the Ad ministration since it came into power. I am free to say to you on this occasion that it is ex tremely gratifying to me to know that so large a portion of our fellow-citizens indorse the poliey which has been adopted and which is intended to be carried out. » This policy has been one which was intended to restore the glorious Union — to bring those great States, now the subject of controversy, to their original relations to the Government of the United States. And this seems to be a day pe culiarly appropriate for such a manifestation as this— the day that gave birth to him who founded the Government— that gave birth to the Father of our Country— that gave birth to him who stood at the portal when all these States entered into this glorious Confederacy. I say that the day is peculiarly appropriate to the indorse ment of measures for the restoration of the Union that was founded by the Father of his Country. Washington, whose name this city bears, is em balmed in the hearts of all who love their Gov ernment. [A voice, "So is Andy Johnson."] Washington, in the language of his eulogists, was first in peace, first in war, and first in the PRESIDENTIAL INTERVIEWS AND SPEECHES. 59 hearts of his countrymen. No people can claim ,im — no nation can appropriate him. His emi- , pence is acknowledged throughout the civilized world by aU those who love free government. t have had the pleasure of a visit from the asso ciation which has been directing its efforts to wards the completion of a monument erected to his name. I was prepared to meet them and give them my humble influence and countenance in aid of the work. Let the monument be erected to him who founded the Government, and that almost within the throw of a stone from the Bpot from which I now address you. Let it be completed. Let the pledges which all these States and corporations and associations have put in that monument be preserved as an earnest of our faith in and love of this Union, and let the monument be completed. And in connection with Washington, in speaking of the pledges that have been placed in that monu ment, let me refer to one from my own State — ;God bless her! — which has struggled for the preservation of this Union in the field and in the councils of the nation. Let me repeat, that she is now struggling in consequence of an innova tion that has taken place in regard to her rela tion with the Federal Government growing out of the rebellion — she is now struggling to renew her relations with this Government and take the stand which she has occupied since 1796. Let me repeat the sentiment which that State in scribed upon her stone that is deposited within the monument of freedom and in commemoration of Washington; she is struggling to stand by the sentiment inscribed on that stone, and she is now willing to maintain that sentiment. And what is the sentiment? It is the sentiment which was enunciated by the immorta2 and the illustrious Jackson — "The Federal Union, it must be preserved." ' Were it possible for that old man, who in statue is before me and in portrait behind me, .to be called forth — were it possible to communi cate with the illustrious dead, and he could be informed of the progress in the work of faction, and rebellion, and treason — that old man would turn over in his coffin, he would -rise, shake off the habiliments of the tomb, and again extend that long arm and finger and reiterate the senti ment before enunciated, " the Federal Union, it must be preserved." But we witness what has transpired since his day. We remember what he said in 1833. When treason and treachery and infidelity to the Government and the Con stitution of the United States stalked forth, it was his power and influence that went forth and crushed it in its incipiency. It was then l stopped. But it was only stopped for a time, and the spirit continued. There were men dis affected towards the Government in both the North and South. There were peculiar institu tions in the country to which some were adverse and others attached. We find that one portion of our countrymen advocated an institution in the South which others opposed in the North. This resulted in two extremes. Tha? in the South reached a point at which the people there were disposed to dissolve the Government of the United Mates, and they sought to preserve their peculiar institutions. ' (What I say on this oc casion I want to bo understood.) There was a portion of our countrymen opposed to this, and they went to that extreme that they were will ing to break up the Government to destroy this peculiar institution of the South. I assume nothing here to-day but the citizen- one of you — who has been pleading for his country and the preservation of the Constitu tion. These two parties have been arrayed against each other, and I stand before you as I did in the Senate of the United States in 1860. I denounced there those who wanted to disrupt the Government, and I portrayed their true character. I told them that those who were en gaged in the effort to break up the Government were traitors. I have not ceased to repeat that, and, as far as endeavor could accomplish it, to carry out the sentiment. I remarked, though, that there were two parties. One would des troy the Government to preserve slavery ; the other would break up the Government to des troy slavery. The objects to be accomplished were different, it is true, so far as slavery was concerned ; but they agreed in one thing — the destruction of the Government, precisely what I was always opposed to ; and whether the dis unionists came from the South or from the North, I stand now where I did then, vindicating the Union of these States and the Constitution of our country. The rebellion manifested itself in the South. I stoodhy the Government. I said I was for the Union with slavery. I said I was for the Union without slavery. In either alter native I was for the Government and the Con stitution. The Government has stretched forth its strong arm, and with its physical power it has put down treason in the field. That is, the section of country that arrayed itself against the Government has been conquered by the force ,of the Government itself. Now, what had we ,said to those people? We said: "No compro mise ; we can settle this question with the South in eight and forty hours. I have said it again and again, and I repeat it now, " disband your armies, acknowledge the supremacy of the Constitution of the United States, give obedience to the law, and the whole question is settled." What has been done since 1 Their armief have been disbanded. They come now to meet us in a spirit of magnanimity and say, " Wc were mistaken ; we made the effort to carry out the doctrine of secession and dissolve this Union, and having traced this thing to its logical and physical results, we now acknowledge the flag of our country, and promise obedience to the Con stitution and the supremacy of the law." I say, then, when yon comply with the Con stitution, when you yield to the law, when you acknowledge allegiance to the Government— I say let the door of the Union be opened, and the relation be restored to those that had erred and had strayed from the fold of our fathers. Who has suffered more than I have ? I ask the question. I shall not recount the wrongs and the sufferings inflicted upon me. It is not the course to deal with a whole people in a spirit of revenge. I know there has been 8 great deal said about the exercise of the pardon power, as regards the Executive ; and there is 60 POLITICAL MANUAL. no one who has labored harder than I to have the principals, the intelligent and conscious offendeis, brought to justice and have the prin ciple vindicated that " treason is a crime." But, while conscious and intelligent traitors are to be punished, should whole communities and States be made to submit to the penalty of death ? I have quite as much asperity, and per haps as much resentment, as a man ought to have; but we must reason regarding man as he is, and must conform our action and our conduct to the example of Him who founded our holy reli gion. I came into power under the Constitution of the country, and with the approbation of the peo ple, and what did I find? I found eight millions of people who were convicted, condemned under the law, and the penalty was death; and, through revenge and resentment, were they all to be an nihilated? Oh! may I not exclaim, how differ ent would this be from the example set by the Founder of our holy religion, whosedivine arch rests its extremities on the horizon while its span embraces the universe ! Y,es, He that founded this great scheme came into the world and saw men condemned under the law, and the sentence was death. What was his example? Instead of putting the world or a nation to death, He went forth on the cross and testified with His wounds that He would die* and let the world live. Let them repent; let them acknowledge their rashness ; let them become loyal, and let them be supporters of our glorious stripes and stars, and the Constitution' of our country. I say let the leaders, the conscious, intelligent trai tors, meet the penalties of the'law. But as for the great mass, who have been forced into the rebellion — misled in other instances — let there be clemency and kindness, and a trust and a confi dence in them. But, my countrymen, after hav ing passed through this rebellion, and having given as much evidence of enmity to it as some who croak a great deal about the matter — when I look hack over the battle-field and see many of those brave men in whose com pany I Was, in localities of the rebellion where the contest was most difficult and doubtful, and who yet were patient ; when I look back over these' fields, and where the smoke has scarcely passed away ; where the blood that has been shed has scarcely been absorbed — before their bodies have passed through the stages of decom position—what do I find? The rebellion is put down by the strong arm of the Government in the_ field. But is this the only way in which we can have rebellions ? This was a struggle against a change and a revolution of the Government, ahd before we fully get, from the battle-fields— when our brave men have scarcely returned to their homes and renewed the ties of affection and love to their wives and their children we are now almost inaugurated into another re bellion. One rebellion was the effort of States to se cede, and the war on the part of the Government was to prevent them from accomplishing that, and thereby changing the character of our Gov ernment and weakening its power. When the Government has succeeded, thr-re is an attempt now to concentrate all power in the hands of a few at the federal head, and thereby bring about a consolidation of the Rjpublic, which is equally objectionable with its dissolution. We find a power assurtied and attempted to be exercised of a most extraordinary character. We see now that governments can be revolutionized without- going into the battle-field ; and sometimes the revolutions most distressing to a people are ef fected without the shedding of blood. That is, the substance of your Government may be taisen away, while there. is held out to you the form and the shadow. And now, what are the at tempts, and what is being proposed ? We find that by an irresponsible central directory nearly all the powers of Congress are assumed, without even consulting the legislative and executive departments of the Government. By a resolution reported by a committee, upon whom and in whom the legislative power of the Government has been lodged, that great principle in the Con* stitution which authorizes and empowers the legislative department, the Senate and House of Representatives, to be the judges of elections, returns, and qualifications of its own members, has been -virtually taken away from the two respective branches of the national legislature, and conferred upon a committee, who must report before the body can act on the question of the admission of members to their seats. By this rule they assume a State is out of the Union, and to have its practical relations restored by that rule, before the House can judge of the qualifications of its own members. What posi tion is that ? You have been struggling for four years to put down a rebellion. You contended at the beginningof that struggle that a State lmd not a right to go out. You said it h* i ueitn-: the right nqr the power, and it ha.' - 'i settled that the States had neither the right Dor the power to go out of the I mon. Anrf wl.e.n .-oa determine by the executive, by the military, and by the public jndgment, that these States cannot have any right to go out, this committee turns around and assumes that they are out. and that they shall not come in I am free to say to yon, as your Executive.. that I am not prepared to take any such position. : I said in the Senate, in the very inception of this rebellion, that the States had no right to secede._ That question has been settled. Thus determined, I cannot turn round and give the - lie direct to all that I profess to have done'during the last four years. I say that when the States that attempted to secede comply with the Con stitution, and give sufficient evidence of loyalty, I shall extend to them the right hand of fellow ship, and let peace and union be restored. I am opposed to the Davises,' the Toom bses, the Slidells, and the long list of such. But wnen I perceive, on the other hand, men— [A voice, ' Call them off"] — I care not by what name vou call them---' i still opposed to the Union, I i ni iree to say to • you that I am still with the people. I am still for the preservation of these States, for the preservation of this Union, and in fa.vor cf this great Government accomplishing its destiny. [Here the President was called upon to give ; the names of three of the members of Congresf'j to whom he had alluded as being opposed to thY Union.] rr PRESIDENTIAL INTERVIEWS AND SPEECHES. 61 The gentleman calls for three names. I am talking to my friends and fellow-citizens here. Suppose I should name to you those' whom I look upon as being opposed to the fundamental principles of this Government, and as now labor ing to destroy them. I say Thaddeus Stevens, of Pennsylvania; I say Charles Sumner, of Massachusetts ; I say Wendell Phillips, of Mas sachusetts. [A voice, " Forney !"] I do not waste thy fire on dead ducks. I stand for the country, and though my enemies may traduce, slander, and vituperate, I may say, that has no force. In addition to this, I do not intend to be gov erned by real or" pretended friends, nor do I in tend to be bullied by my enemies. An honest conviction is niy sustenance, the Constitution my guide. I know, my countrymen, that it has been insinuated— nay, said directly, in high places— that if such a usurpation of power had been ex ercised two hundred years ago, in particular reigns, it would have cost an individual his head. What usurpation has Andrew Johnson been guilty of? [Cries of "None."] My only usur pation has been committed by standing between the people and the encroachments of power. And because I dared say in a conversation with i fellow-citizen and a Senator too, that I thought amendments to the constitution ought not to be 90 frequent, lest the instrument lose all its sanc tity and dignity, and be wholly lost sight of in a short time, and because I happened to say in conversation that I thought that such and such ah amendment was all that ought to be adopted, it was said that I had suggested such a usurpa tion of power as would have cost a king his head in a certain period ! In connection With this subject-, one has exclaimed that we are in the " midst of earthquakes and he trembled." Yes, there is ah earthquake approaching, there is a grounds well coming, of popular judgment and indignation. The American people will speak, and by their instinct, if in no other Way, know who are their friends, when and where and in whatever position I stand — and I have occupied many positions in the government, going through both branches of the legislature. Some gen tleman here behind me says, " And was a tailor." Now, that don't affect me in the least. When I was a tailor I always mado a close fit, and was always punctual to my customers, and did ^ood work. . [A voice. No patchwork.] The Peesident. No, I did not want any patchwork. But we pass by this digression. Intimations have been thrown out — and when principles are involved 'and the existence of my c6untry imperiled, I will, as on former occa sions, speak what I think. Yes ! Cost him his head ! Usurpation ! When and where have I been guilty of this ? Where is the man in all the positions I'have occupied, from that of aider- mail to the Vice Presidency, who can say that Andrew Johnson ever made a pledge that he did not'redeein, or ever made a promise that he vio lated, or that he acted with falsity to the people ! They may talk about beheading; but when I am beheaded I want the American people to be the witness. I do not want by ihu'endoes of an indirect character in high places to have one say to a man who has assassination broiling in his heart, " there is a fit subject," and also ex claim that the " presidential obstacle " must be got outoi the way, when possibly the intention was to institute assassination. Are those who want to destroy our institutions and change the character of the Government not satisfied with the blood that has been shed? Are they not satisfied with one martyr? Does not the blood of Lincoln appease the vengeance and wrath of the opponents of this Government? Is their thirst'still unslaked? Do they want more blood? Have they not honor and courage enough to effect the removal of the presidential obstacle otherwise than through the hands of the assas sin ? I am not afraid of assassins ; but if it must be, I would wish to be encountered where one brave man can oppose another. I hold him in dread Only who strikes cowardly. But if they have courage enough to strike like men, (I know they are willing to wound, . but they are afraid to strike ;) if my blood is to be shed because I vindicate the Union and the preserva tion of this Government in its original purity and character, let it be so ; but when it is done, let an altar of the Union be erected, and then, if necessary, lay me upon it, and the blood that now warms and animates my frame shall be poured out in a last libation as a tribute to the Union ; and let the opponents of this Govern ment remember that when it is poured out the blood of the martyr will, be the seed of the, church. The Union will grow. It will continue to increase in strength and power, though it may be cemented and cleansed with blood. I have talked longer, my countrymen, thu,n I intended. With many acknowledgments for the honor you have done me, I will say one word m reference to the amendments to the Constitution of the United States. Shortly after I reached Washington, for the purpose of being inaugurated Vice President, I had a conversation with Mr. Lincoln. We were talking about the condition of affairs, and in reference to matters in my own State. I said we had called a convention and demanded a constitution abolishing slavery in the State, which provision v/as not contained in the Presi dent's proclamation. This met with his appro bation, and he gave me encouragement. In talking upon the subject of amendments to the Constitution, he said, " when the amendment to the Constitution now proposed is adopted by three-fourths of the States, I shall be pretty nearly or quite done as regards forming amend ments to the Constitution if there should be one other adopted." I asked what that other amendment suggested was, and he replied, " I have labored to preserve this Union. I have toiled four years. I have been subjected to calumny and misrepresentation, and my great and sole desire has been to preserve these States ¦intact under the Constitution, as they were be fore; and there should be an amendment to the Constitution which would compel the States to send their Senator's and Representatives to the Congress of the United States." He saw, as part of the doctrine of secession, that the States could, if they, were prepared, withdraw their Senators and Representatives ; and he wished to 62 POLITICAL MANUAL. remedy this evil by the adoption of the amend montsuggested. Even that portion of the Con- stitutio ¦ which differs from other organic law says that no State shall be deprived of its represen tation. We now find the position taken that States shall not be recognized; that we will impose taxation; and where taxes are to be imposed the Representatives elect from thence are met at the door, and told : " No ; you must pay taxes, but you cannot participate m a Gov ernment which is to affect you for all time." Is this just? [Voices— "No! No!"] We see, then, where we are going. I repeat, that I am for the Union. I am for preserving all the States. They may have erred, but let us admit those into the counsels of the nation who are unmistakably loyal. Let the man who acknowl edges allegiance to the Government, and swears to support the Constitution, (he cannot do this in good faith unless he is loyal ; no amplification of the oath can make any difference ; it is mere detail, which I care nothing about;) let him be unquestionably loyal to the Constitution of the United States and its Government, and willing to support it in its peril, and I am willing to trust him. I know that some do not attach so much importance to the principle as I do. One principle that carried us through the revolution was, that there should be no taxation with out representation. I hold that that principle, which was laid down by our fathers for the country's good then, is important to its good now. If it was worth battling for then, it is worth battling for now. It is fundamental, and should be preserved so long as our Government lasts. I know it was said by some during the rebellion that the Constitution had been rolled up as a piece of parchment, and should be put away, and that in time of rebellion there was no constitution. But it is now unfolding; it must now be read and adjusted and understood by the American people. I come here to-day to vindicate, in so far as I can in these remarks, the Constitution ; to save it, as I believe ; for it does seem that encroach ment after encroachment is to be pressed ; and as I resist encroachments on the Government, I stand to-day prepared to resist encroachments on the Constitution, and thereby preserve the Government. It is now peace, and let us have peace. Let us enforce the Constitution. Let us live under and by its provisions. Let it be published in blazoned characters, as though it were in the heavens, so that all may read and all may understand it. Let us consult that in strument, and, understanding its principles, let us apply them. I tell the opponents of this Government, and I care not from what quarter they come — East or West, North or South — ' ' you that are engaged in the work of breaking up this Government are mistaken. The Constitu tion and the principles of free government are deeply rooted in the American heart." All the powers combined, I care not of what character they are, cannot destroy the image of freedom. They may succeed for a time, but their attempts will be futile. They may as well attempt to lock up the winds or chain the waves. Yes, they may as well attempt to repeal it, (as it would seem the Constitution can be,) by a con current resolution ;" but when it is submitted to the popular judgment, they will find it just as well to introduce a resolution, repealing the law of gravitation; and the idea of preventing the restoration of the Union is as about as feasible as resistance to the great law of -gravity which binds all to a common centre. This great law of gravitation will bring back those States to harmony and their relations to the Federal Gov ernment, and all machinations North and South cannot prevent it. All that is wamting is time, until the American people can understand what is going on, and be ready to accept the view just as it appears to me. I would to God that the whole American people could be assem bled here to-day as yon are. I could wish to have an amphitheatre large enough to con tain the whole thirty millions, that they could be here and witness the great struggle to pre serve the Constitution of our fathers. They could at once see what it is, and how it is, and what kind of spirit is manifested in the attempt to destroy the great principles of free govern ment; and they could understand who is for them and who is against them, and who was for ameliorating their condition. Their opposers could be placed before them, and there might be a regular contest, and in the first tilt the ene-, mies of the country would be crushed. I have detained you longer than I intended ; but in this struggle I am your instrument. Where is the man or woman, in private or public life, that has not always received my attention and my time? Sometimes it is said, "that man John son is a lucky man." I will tell you what con stitutes good fortune. Doing right and being for the people. The people m some particular or other, notwithstanding their sagacity and judgment, are frequently underrated or under; estimated ; but somehow or other the great mass of the people will find out who is for them and who, is against them. You must indulge me in this allusion, when I say I can lay my hand on my bosom and say that in all the positions in which I have been placed — many of them as trying as any in which mortal man could be put — so far, thank God, I have not deserted the people, nor do I believe they will desert me, What sentiment have I swerved from? Can my calumniators put their finger on it? Can they dare indicate a discrepancy or a deviation from principle ? Have you heard them at any time quote my predecessor, who fell a martyr to his course, as coming in controversy with anything I advo cated ? An inscrutable Providence saw proper to remove him to, I trust, a better world than this, and I came into power. Where is there one principle in reference to this restoration that I have departed from? Then the war is not simply upon me, but it is upon my predecessor. I have tried to do my duty. I know some are jealous in view of the White House, and I say. all that flummery has as little influence on me as it had heretofore. The conscious satisfaction of having performed my duty to my country, my children, and my God, is all the reward which I shall ask. In conclusion of what I have to say, let me ask this vast concourse, this sea of upturned PRESIDENTIAL INTERVIEWS AND SPEECHES. 63 faces, to go with me — or I will go with you — and stand around the Constitution of our country ; it is again unfolded, and the people are invited to read and understand it, and to maintain its provisions. Let us stand by the principles of our fathers, though the heavens fall; and then, though factions array their transient forces to give vituperation after vituperation in the most virulent manner, I intend to stand by the Con stitution as the chief ark of our safety, as the palladium of our civil and religious liberty. Yes, let us cling to it as the mariner clings to the last plank when the night and the tempest close around him. Accept my thanks, gentlemen, for the indul gence you have giyen me in my extemporaneous remarks. Let us go on, forgetting the past and looking only upon the future, and trusting in Him that can control all that is on high and here below, and hoping that hereafter our Union yrill be restored, and that we will have peace on ©arth and good will towards man. Speeoh to the Colored People of the District of Columbia, Celebrating the Third Anniversary of their Emancipation. April 19, 1866 — I have nothing more to say to you on this occasion than to thank you for this compliment you have paid me in presenting yourselves before me on this your day of cele bration. I come forward for the purpose of in dicating my approbation and manifesting my appreciation of the respect thus offered or con ferred. I thank you for the compliment, and I mean what I say. And I Will remark in this connec tion to this vast concourse that the time will come, and that, too, before a great while, when tho colored population of the United States will find out who have selected them as a hobby and a pretence by which they can be successful in obtaining and maintaining power, and who have been their true friends, and wanted them to participate in and enjoy the blessings of freedom. The time will come when it will be made known who contributed as much as any other man, and who, without being considered egotis tic, I may say contributed more, in procuring the great national guarantee of the abolition of slavery in all the States, by the ratification of the amendment to the Constitution of the United States — giving a national guarantee that slavery shall "no longer be permitted to exist or be re established in any State or jurisdiction of the United States. I know how easy it is to cater to prejudices, and how easy it is to excite feelings of prejudice and unkindness. I care not for that. I have been engaged in this work in which my all has been periled. I was not engaged in it as a hobby, nor did I ride the colored man for tho sake of gaining power. What I did was for the purpose of establishing the great principles of freedom. And, thank God, I feel and know it to be so, that my efforts have- contributed as much, if not more in accomplishing this great national guarantee, than those of any other living man in the United States. It is very easy for colored men to have pre tended friends, ensconced in high places, and far removed from danger, whose eyes have only abstractly gazed on freedom ; who have never exposed their limbs or property, and who never contributed » sixpence in furtherance of the great cause, while another periled his all, and put up everything sacred and dear to man, and those whom he raised und who lived with him now enjoy his property with his consent, and receive his aid and assistance; yet some who as sume, and others who have done nothing, are considered the great defenders and protectors of the colored man. I repeat, my colored friends, here to-day, the time will come^and that not far distant, when it will be proved who is practically your best friend. My friendship, so far as it has gone, has not been for place or power, for I had these already. It has been a principle with me, and I thank God the great principle has been established, that wherever any individual, in the language of a distinguished orator and statesman, treads Amer ican soil, his soul swells within him beyond the power of chains to bind him, in appreciation of the great truth that he stands forth redeemed, regenerated, and disenthralled by the genius of universal emancipation ! Then let me mingle with you in celebration of the day which commenced your freedom. I do it in sincerity and truth, and trust in God the blessings which have been conferred may be en joyed and appreciated by yon, and that you may give them a proper direction. There is something for all to do. You have high and solemn duties to perform, and you ought to remember that freedom is not a. mere idea. It must be reduced to practical reality. Men in being free have to deny themselves many things which seem to be embraced in the idea of universal freedom. It is with you to give evidence to the world and the people of the United States, whether you are going to appreciate this great boon as it should be, and that you are worthy of being freemen. Then let me thank you with sincerity for the compliment you have paid me by passmg through here to-day and paying your respects to me. I repeat again, the time will come when you will know who has been your best friend, and who has not been your friend from merce nary considerations. Accept my thanks. VI. SPECIAL AND VETO MESSAGES OF PRESIDENT JOHNSON, WITH THE VOTES IN CONGEESS ON TEE PASSAGE OF THE VETOED BILLS. The Annual Message, December 4, 1865. The following extracts relate to reconstruc tion: I found the States suffering from the effects of a civil war. Resistance to the General Gov- - ernment appeared to have exhausted itself. The United States had recovered possession of their forts and arsenals, and their armies were in the occupation of every State which had at tempted to secede. Whether the territory within the limits of those States should be held as conquered territory, under military authority emanating from the President as the head of the army, was the first question that presented itself for decision. Now, military governments, established for an indefinite period, would have offered no se curity for the early suppression of discontent ; would have divided the people into the van quishers and the vanquished ; and would have envenomed hatred, rather than have restored affection. Once established, no precise limit to their continuance was conceivable. They would have occasioned an incalculable and exhausting expense. Peaceful emigration to and from that portion of the country is one of the best means that can be thought of for the restoration of harmony, and that emigration would have been prevented ; for what emigrant from abroad, what industrious citizen at home, would place himself willingly under military rute ? The chief persons who have followed in the train of the army would have been dependents on the General Government, or men who expected profit from the miseries of their erring fellow- citizens. The powers of patronage and rule which would have been exercised, under the President, over a vast and populous and natu rally wealthy region, are greater than, unless under extreme necessity, I should be willing to intrust to any one man ; they are such as, for myself, I could never, unless on occasions of great emergency, consent to exercise. The wil ful use of such powers, if continued through a period of years, would have endangered the purity of the general administration and the liberties of the States which remained loyal. Besides, the policy of military rule over a conquered territory would have implied that the States whose inhabitants may have taken part in the rebellion had, by the act of those inhabitants, ceased to exist. But the true theory is, that all pretended acts of secession wore, from the beginning, null and void. The States cannot commit treason, nor screen the individ ual citizens who may have committed treasop, any more than they could make valid treaties or engage in lawful commerce with any foreign power. The States attempting to secede placed themselves in a condition where their vitality was impaired, but not extinguished — their func tions suspended, but not destroyed. But if any State neglects or refuses to perform its offices, there is the more need that the General Government should maintain all its authority, and, as soon as practicable, resume the exercise of all its functions. On this principle I have acted, and have gradually and quietly, and by almost imperceptibe steps, sought to restore the rightful energy of the General Government and of the StateB. To that end, provisional gov ernors have been appointed for the States, con ventions called, governors elected, legislatures assembled, and Senators and Representatives chosen to the Congress of the United States; At the same time, the Courts of the United States, as far as could be done, have been reopened, so that the laws of the United States may be en forced through their agency. The blockade has been removed and the custom-houses re-estab lished in ports of entry, so that the revenue of the United States may be collected; The Post Office Department renews its ceaseless activity, and the General Government is thereby enabled to communicate promptly with its officers and agents. The courtB bring security to persons and property ; the opening of the ports invites the restoration of industry and commerce ; the post office renews the facilities of social intgj- course and of business. And is it not happy for us all, that the restoration of each one of thjsie functions of the General Government brings with it a blessing to the States over which they are extended? Is it not a sure promise of har mony and renewed attachment to the Union that, after all that has happened, the return ef the General Government is known only as a benpficence? I know very well that this policy is attended with some risk ; that for its success it requires at least the acquiescence of the States which it concerns ; that it implies an invitation to those States, by renewing their allegiance to the United States, to resume their functions as States of the Union. But it is a risk that must be taken ; in the choice of difficulties, it is the smallest risk; and to diminish, and, if possible, to remove all 64 VETOES AND VOTES. 65 danger, 1 have felt it incumbent on me to assert line other power of the General Government — the power of pardon. As no State can throw a defence over the crime of treason, the power of pardon is exclusively vested in the executive government of the United States. Inexeroising that power, I have taken every precaution to connect it with the clearest recognition of the binding force of the laws of Ihe United States, and an unqualified acknowledgment of the great social change of condition in regard to slavery -which has grown out of the war. The next step which I have taken to restore the constitutional relations of tho States, has been in invitation to them to participate in the high office of amending the Constitution. Every pa triot muft wish for a general amnesty at the earliest epoch consistent with public safety. For this great end there is a need of a concurrence of all opinions, and the spirit of mutual concil iation. All parties in the late terrible conflict must work together in harmony. It is not too much to ask, in the name of the whole people, that, on the one side, 'he plan of restoration shall proceed in conformity with a willingness to cast the disorders of the past into oblivion ; and that, on the other, the evidence of sincerity in the future maintenance of the Union shall be put beyond any doubt by the ratification of the .proposed amendment to the Constitution, which provides for the abolition of slavery forever within the limits of our country. So long as the adoption of this amendment is delayed, so long will doubt and jealousy and uncertainty pre vail. This is the measure which will efface the Bad' memory of the past; this is the measure which will most certainly call population and capital and security to those parts of the Union that need them most. Indeed, it is not too much to ask of the States which are now resuming their places in the family of the Union to give this pledge of perpetual loyalty and peace. Until it is done, the past, however much we may desire it, will not be forgotten. The adoption of the amendment reunites us beyond all power of disruption. It heals the wound that is im perfectly closed; it removes slavery, the element which has so long perplexed and divided the country; it makes of us once more a united people, renewed and strengthened, bound more than ever to mutual affection and support. The amendment to the Constitution being adopted, it would remain for the States, whose powers have been so long in abeyance, to re sume their places in the two branches of the na-- tional legislature, and thereby complete the work of restoration. Here it is for you, fellow- citizens of the Senate, and for you, fellow-citi zens of the House of Representatives, to judge, each of you for yourselves, of the elections, re turns, and qualiucations of your own members. The full assertion of the powers of the Gene ral Government requires the holding of circuit courts of the United States within the districts where their authority has been interrupted. In the present posture of our public affairs, strong objections have been urged to holding those oourts in any of the States where the rebellion has existed ; and it was ascertained, by inquiry, that the circuit court of the United States would no* bo held within the district of Virginia dur ing the autumn or early winter, nor until Con gress should have " an opportunity to consider and act on the whole subject." To your delib erations the restoration of this branch of the civil authority of the United States is therefore necessarily referred, with the hope that early provision will be made for the resumption of all its functions. It is manifest that treason, most flagrant in character, has been committed. Persons who are charged with its commission should have lair and impartial trials in the highest civil tribunals of the country, in order that the Constitution and the laws may be fully vindicated ; the truth clearly established and affirmed that treason is a crime, that traitors should be punished and -the offence made infa mous; and, at the same time, that the question be judicially settled, finally and forever, that no State of its own will has the right to renounce its place in the Union. The relations of the General Government to wards the four millions of inhabitants whom the war has called into freedom have engaged my most serious consideration. On the pro priety of attempting to make the freedmen elec tors by the proclamation of the Executive, I took for my counsel th» Constitution itself, thf interpretations of that instrument by its au thors and their contemporaries, and recent legis lation by Congress. When, at the first move ment towards independence, the Congress of the United States instructed the several States to institute governments of their own, they lefteach State to decide for itself the conditions for the enjoyment of the elective franchise. During the period of the confederacy, there continued to exist a very great diversity in the qualifica tions of electors in the several States ; and even within a State a distinction of qualification pre ¦ vailed with regard to the officers who were to be chosen. The Constitution of the United States recognises the diversities when it enjoins that, in the choice of members of the House of Representatives of the United States, " the elec tors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature." After the formation of the Constitution, it remained, as' before, tht. uniform usage for each State to en large the body of its electors, according to its own judgment ; and, under this system, one State after another has proceeded to increase the number of its electors, until now universal suffrage, or something very near it, is, the gener ral rule. So fixed was this reservation of power in the habits of the people, and so unquestioned has been the interpretation of the Constitution, that during the civil war thelate Presidentnever harbored the purpose — certainly never avowed the purpose — of disregarding it ; and in the acta of Congress, during that period, nothing can be found which during the continuance of hostili ties, much less after their close, would h>wesanc- tioned any departure by the Executive from a policy which has so uniformly obtained. More over, a concession of the elective franchise to the freedmen, by act of the President of the- United States, must have been extended- to. all colored men, wherever found, and so m.ast have established a change of suffrage in th6 Northern, Middle, and Western, SMes, not less, than, in tha 66 POLITICAL MANUAL. Southern and Southwestern. Such an act would have created a new class of voters, and would have been an assumption ofpower by the Presi dent which nothing in the Constitution or laws of the United States would have warranted. On the other hand, every danger of conflict is avoided when the settlement of the question is referred to the several States. They can, each for itself, decide on the measure, and whether it is to be adopted at once and absolutely, or intro duced gradually and with conditions. In my judgment, the freedmen, if they show patience and manly virtues, will sooner obtain a partici pation in the elective franchise through the States than through the General Government, even if it had power to intervene. When the tumult of emotions that have been raised by the suddenness of the social change shall have sub sided, it may prove that they will receive the kindliest usage from some of those on whom they have. heretofore most closely depended. But while I have no doubt that now, after the close of the war, it is not competent for the General Government to extend the elective fran chise in the several States, it is equally clear that good faith requires the security of the freed men in their liberty and in their property, their right to labor, and their right to claim the just return of their labor. I cannot too strongly urge a dispassionate treatment of this subject, which should be carefully kept aloof from all party strife. We must equally avoid hasty as sumptions of any natural impossibility for the two races to live side by side, in a state of mu tual benefit and good will. The experiment involves us in no inconsistency ; let us, then, go on and make that experiment in good faith, and not be too easily disheartened. The country is in need of labor, and the freedmen are in need of employment, culture, and protection. While their right of voluntary migration and. expatria tion is not to be questioned, I would not advise their forced removal and colonization. Let us rather encourage them to honorable and useful tadustry, where it may be beneficial to them selves and to the country; and, instead of hasty anticipations of the certainty of failure, let there be nothing wanting to the fair trial of the ex periment. The change in their condition is the substitution of labor by contract for the status of slavery. The freedman cannot fairly be ac cused of unwillingness to work, so long as a doubt remains about his freedom of choice in his pursuits, and the certainty of his recovering his stipulated wages. In this the interests of the employer and the employed coincide. The employer desires in his workmen spirit and alac rity, and these can be permanently secured in no other way. And if the one ought to be able to enforce the contract, so ought the other. The public interest will be best promoted if the sev eral States will provide adequate protection and remedies for the freedmen. Until this is in some way accomplished, there is no chance for the advantageous use of their labor ; and the blame of ill success will not rest on them. I know that sincere philanthropy is earnest for the immediate realization of its remotest aimB ; but time is always an element in reform. It is one of the greatest acts on record to have brought four millions of people into freedom. The career of free industry must be fairly opened to them : and then their future prosperity and condition must, after all, rest mainly on them selves. If they fail, and so perish away, lefc'u* be careful that the failure shall not be attribu table to any denial of justice. In all that re: lates to the destiny of the freedmen, we need not be too anxious to read the future ; many in? cidents which, from a speculative point of view, might raise alarm, will quietly settle themselves,' Now that slavery is at an end or near its end, the greatness of its evil, in the point of view of public economy, becomes mo:« and more appar-; ent. Slavery was essentially a monopoly of labor, and as such locked the States where it prevailed against the incoming of free industry. Where labor was the property of the capitalist^ the white man was excluded "from employment' or had but the second best chance of finding it;, and the foreign emigrant turned away from the region where his condition would be so precariJ ous. With the destruction of the monopoly, free labor will hasten from all parts of the civil-, ized world to assist in developing various and im measurable resources which have hitherto lain dormant. The eight or nine States nearest the Gulf of Mexico have a soil of exuberant fertility, a climate friendly to long life, and can sustain a denser population than is found as yet in any part of our country. And the future influx of population to them will be mainly from the North, or from the most cultivated nations in Europe. From the sufferings that have attend/ ed them during our late struggle, let us look away to the future, which is sure to , be laden for them with greater prosperity than has ever before been known. The removal of the mo nopoly of slave labor is a pledge that thoee re gions will be peopled by a numerous and enter prising population, which will vie with any in the Union in compactness, inventive genius, wealth, and industry. Message on the late Insurrectionary States. To the Senate of the United States : In reply to the resolution adopted by the Sen ate on the 12th instant, I have the honor to state that the rebellion waged by a portion of the people against the properly-constituted authorities of the Government of the United States has been suppressed; that the United States are in possession of every State in which' the insurrection existed; and that, as far as could be done, the courts of the United States have been restored, post offices re-established, and steps taken to put into effective operation the revenue laws of the country. As the result of the measures instituted hf the Executive, with the view of inducing a resumption of the functions of the States com prehended in the inquiry of the Senate, the people in North Carolina, South Carolina, Geor gia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee, have reorganized their respect ive State governments, and " are yielding obe dience to the laws and Government of the Uni ted States" with more willingness and greater promptitude than under the circumstances could reasonably have been anticipated. The pro posed amendment to the Constitution, provid- ing for the abolition of slavery forever withift VETOES AND VOTES. 67 the limits of the country, has been ratified by each one of those States, with the exception of Mississippi, from which no official information has yet been received ; and in nearly all of them measures have been adopted or are now pending, to confer upon freedmen rights and privileges which are essential to their comiojt, protection, and security. In Florida and Texas the people are making commendable progress in restoring their State governments, and no (loubt is entertained that they will at an early period be in a condition to resume all of their practical relations to the Federal Government. , In "that portion of the Union lately in re bellion" the aspect of affairs is more promising than, in view of all the circumstances, could Tvell have been expected. The people through out the entire South evince a laudable desire to renew their allegiance to the Government, and to repair the devastations of war by a prompt and cheerful return to peaceful pursuits. An abiding faith is entertained that their actions will conform to their professions, and that, in acknowledging the supremacy of the Constitu tion and the laws of the United States, their loyalty will be unreservedly given to the Gov- ment, whose leniency they cannot fail to ap preciate, and whose fostering care will soon restore them to a condition of prosperity. It is true that in some of the States the de moralizing effects of the war are to be seen in occasional disorders; but these are local in character, not frequent in occurrence, and are rapidly disappearing as the authority of civil law is extended and sustained. Perplexing ques tions were naturally to be expected from the great and sudden change in the relations be tween the two races ; but systems are gradually devoloping themselves under which the freed man will receive the protection to which he is justly entitled, and by means of his labor make himself a useful and independent member of the community in which he has his home. From all the information in my possession, and from that which I have recently derived from the most reliable authority, I am induced to cherish the belief that sectional animosity is surely and rapidly merging itself into a spirit of nationality, and that representation, con nected with a properly-adjusted system of tax ation, will result in a harmonious restoration of the relations of the States to the national Union. The report of Carl Schurz is herewith trans mitted, as requested by the Senate. No reports from Hon. John Covode have been received by the President. The attention of the Senate is invited to the accompanying report of Lieuten ant General Grant, who recently made a tour of inspection through, several of the States whose inhabitants participated in the rebellion. As drew Johnson. Washington, D. C, December 18, 1865. Accompanying Report of General Grant. Headquabtees Aemies oe the U. S., Washinston, D. C, December 18, 1865. Sir : In reply to your note of the 16th inst., requesting a report from me giving such' infor mation as I may be possessed of, coming within the scope of the inquiries made by the Senate of the United States in their resolution of thr- 12th instant, I have the honor to submit the fol lowing : With your approval, and also that of the hon orable Secretary of War, I left Washington city on the 27th of last month for the purpose of making a tour of inspection through some of the Southern States, or States lately in rebellion, and to see what changes were necessary to be made in the disposition of- the military forces of the country ; how these forc'es could be reduced and expenses curtailed, Ac; and to learn, as far as possible, the feelings and intentions of the citizens of those States toward the General Government. The State of Virginia being so accessible to Washington city, and information from this quarter therefore being readily obtained, I has tened through the State without conversing oi meeting with any of its citizens. In Raleigh, North Carolina, I spent one day ; in Charleston, South Carolina, two days ; Savannah and Au gusta, Georgia, each one day. Both in traveling and while stopping, I saw much and conversed freely with the citizens of those States,' as well as with officers of the army who have been sta- tioned'among them. The following are the con clusions come to by me : I am satisfied that the mass of thinking men of the South accept the present situation of af fairs in good faith. The questions which have heretofore divided the sentiments of. the people of the two -sections — slavery and States rights, or the right of a State to secede from the Union — they regard as having been settled forever by the highest tribunal — arms — that man can resort to. I was pleased to learn from the leading men whom I met, that they not only accepted the de cision arrived at as final, but, now that the smoke of battle has cleared away and time has been given for reflection, that this decision has been a fortunate one for the whole country, they receiving like benefits from it with those who opposed them in the field and in council. Four years of war, during which law was ex ecuted only at the pointof the bayonet through out the States in rehellion, have left the people possibly in a condition not to yield that ready obedience to civil authority the American people have generally been in the. habit of yielding. This would render the presence of small garri sons throughout those States necessary until such time as labor returns to its proper channels, and civil authority is fully established. I did not meet any one, either those holding places under the Government or citizens of the -Southern States, who think it practicable to withdraw thp military from the South at present. The white and the black mutually require the protection of the General Government. There is such universal acquiescence in the au thority of the General Government throughout the portions of the country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country and economy require that the force kept in the interior, where there are many freedmen, (elsewhere in the •Southern States than at forts upon the sea-coast no force 68 POLITICAL MANUAL. is necessary,) should all be white troops. The reasons for this are obvious without mentioning many of them. The presence of black troops, lately slaves, demoralizes labor both by their ad vice and by furnishing in their camps a resort for the freedmen for long distances around. White troops generally excite ne opposition, and therefore a small number of them can maintain .order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is not the thinking men who would use violence toward any class of troops sent among them by the General Government, but the ignorant in some cases might, and the late slave seems to be imbued with the idoa that the property of his late master should by right belong to him, or at least should have no protection from the colored Soldier. There is danger of coUisions being brought on by such causes. My observations lead me to the conclusion that the citizens of the Southern States are anx ious to return to self-government within the Union as soon as possible ; that while recon ducting, they want and require protection from the Government ; that they are in earnest in wishing to do what they think is required by the Government, not humiliating to them as citizens, and that if such a course was pointed out they would pursue it in good faith. It is to be regretted that there cannot be a greater commingling at this time between the cifefeens of the two sections, and particularly of those in trusted with the law-making power. I did not give the operations of the Freed men's Bureau that attention I would have done if more time had been at my disposal. Conversa tions on the subject, however, with officers con nected with the bureau lead me to think that in some of the States its affairshave not been conduct ed with good judgment or economy, and that the belief, widely spread among the freedmen of the Southern States, that the lands of their former owners will, at least in part, be divided among them, has come from the agents of this bureau. This belief is seriously interfering with the will ingness of the freedmen to make contracts for the coming year. In some form the Freedmen's Bureau is an absolute necessity until civil law is established and enforced, securing to the freed men their rights and full protection. At present, however, it is independent of the military es tablishment of the country, and seems to be operated by the different agents of the bureau according to their individual notions. Every where General Howard, the able head of the bureau, made friends by the just and fair instruc tions and advice he gave ; but the complaint in South Carolina was, that when he left things went on as before. Many, perhaps the majority, of the agerts of the Freedmen's Bureau advise the freedmen that by their own industry they must expect to live. To this end they endeavor to secure employment for them, and to see that both con tracting partieB comply with their en gagements. In some instances, I am sorry to nay, the freedmau's mind does not seem to be disabused of the idea that a freedman has the right to live without care or provision for the futnre._ "The effect of the belief in division of lands is idleness and accumulation in camps, towns, and cities. In such cases I think it will be found that vice and disease will tend to the extermination, or great reduction of the colored race. It cannot be expected that the opinions held by men at the South for years can be changed in a day ; and therefore the freedmen sequire for a few years not only laws to protect them, but the fostering" care of those who will give them good counsel, and in whom they can- rely. The Freedmen's Bureau, being separated from the military establishment of the country, requires all the expense of a separate organiza tion. One does not necessarily know what the other is doing, or what orders they are acting under. It seems to me this could be corrected by regarding every officer on duty with troops in the Southern States as agents of the Freed- ' men's Bureau, and then have all orders from the head of the bureau sent through department commanders. This would create a responsibility that would secure uniformity of action through out all the South ; would insure the orders ami instructions from the head of the bureau being carried out ; and would relieve from duty and pay a large number of employes of the Govern ment. I have the honor to be, very respectfully, your obedient servant, U. S. Gbant Lieutenant General. His Excellency A. Johnson, President of the United States. Veto of the Freedmen's Bureau Bill, February 19, 1866. To the Senate of the United States : I have examined with care the bill which originated in the Senate, and has been passed by the_ two Houses of Congress, to amend an act entitled " An act to establish a Bureau for the relief of Freedmen and Refugees," and'for other purposes. Having, with much regret, come .to the conclusion that it would not be consisteSt with the public welfare to givo my approval to the measure, I return the bill to the Senate- wifh my objections to its becoming- a law. I might call to mind, in advance of these ob jections, that there is no immediate necessity for the proposed measure. The act to establish a bureau tor the relief of freedmen and refugees which was approved in the month of March last, has not yet expired. It was thought strin gent and extensive enough for the purpose in view in time of war. Before it ceases to have effect, further experience may assist to guide ns to a wise conclusion as to the policy to be adopted in time of peace. I share with Congress the strongest desire fe secure to the freedmen the full enjoyment of their freedom and property, and their entire independence and equality in making contracts for their labor ; but the bill before me contains provisions which, in my opinion, are not war ranted by the Constitution, and are not well suited to accomplish the end in view. The bill proposes to establish, by authority ol Congress military jurisdiction over all parts of the United States containing refugees and freed men It would, by its very natufe, apply wMh most force to those parts of the U^ted States in VETOES AND VOTES, 69 which the freedmen mist abound ; and it ex pressly extends the existing temporary jurisdic tion of tho freedmen's bureau, with greatly enlarged powers, over those States "in which the ordinary course1 of judicial proceedings has been interrupted by the rebellion." The source from which this military jurisdiction is to eman ate is none other than the President of the United States, acting through the War Department and the Commissioner of the Freedmen's Bureau. The agents to carry out this military jurisdiction are to be selected either from the army or from civil life ; the country is to be divided into dis tricts and sub-districts, and the number of salaried agents to be employed may be equal to the num ber of counties or parishes in all the United States where freedmen and refugees are to be found. The subjects over which this military juris diction is to extend in every part of the United States include protection to "all employes, agents, and officers of this bureau in the exercise of the^duties imposed " upon them by the bill. In eleven States -it is further to extend over all cases affecting freedmen and refugees discrimin ated against" by local law, custom, or prejudice." In those eleven States, the bill subjects any white person who may be charged with depriving a treedman of " any civil rights or immunities be longing to white persons " to imprisonment or fine, or both, without, however, defining the "civil rights and immunities" which are thus to be secured to the freedmen by military law. This military jurisdiction also extends to all questions that may arise respecting contracts. The agent who -is thus to exercise the office of a military judge may be a stranger, entirely igno rant of the laws of the place, and exposed to the errors of j udgment to which all men are liable. The exercise of power, over which there is no legal supervision, by so vast a number of agents as is contemplated by the bill, must, by the very nature of man, be attended by acts of caprice, injustice, and passion. The trials, having their origin under this bill, are to take place without the intervention of a jury, and without any fixed rules of law or evidence. The rules on which offences are to be " heard and determined " by the numerous agents are such rules and regulations as the President, through the War Department, shall prescribe. No previous presentment is required, nor any indictment charging the commission of a crime against the laws ; but the trial must proceed on charges and specifications. The punishment will be — not what the law declares, but such as a court-martial may think proper; and from these arbitrary tribunals there lies no appeal, no writ of error to any of the courts in which the Constitution of the United States vests exclu sively the judicial power of the country. While the territory and the classes of actions and offences that are made subject to the measure are so extensive, the bill itself, should it become a law, will have no limitation in point of time, but will form a part of the permanent legisla tion of the country. I cannot reconcile a sys tem ot military jurisdiction of this kind with the words of the Constitution, which declare that "ho person shall be held to answer for a capital or otherwise infamous crime unless upon a presentment or indictment of a grand jury, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger;" and that "in all criminal prosecutions the accused shall enj"y the right to a speedy and public trial, by an impartial jury of the State or district wherein the crime shall have been committed." The safeguards which the experience and wisdom of ages taught our fathers to establish as securities for the protection of the innocent, the punish" ment of the guilty, and the equal administra tion of justice, are to be set aside, and, for the sake of a more vigorous interposition iu behalf of justice, we are to take the risks of the many acts of injustice that would necessarily follow from an almost countless number of agents, es tablished in every parish or county, in nearly a third of the States of the Union, over who»e decisions there is to be no supervision or control by the federal courts. The power that would be thus placed in the hands of the President is such as in time of peace certainly ought never to be intrusted to any one man. If it be asked whether the creation of such a tribunal within a State is warranted as a meas ure of war, the question immediately presents itself whether we are still engaged in war. Let us not unnecessarily disturb the commerce, and credit, and industry of the country, by declar ing to the American people and to the world that the United States are still in a condition of civil war. At present there is no part of our country in which the authority of the United States is disputed. Offences that may be com mitted by individuals should not work a for feiture of the rights of whole communities. The country has returned or is returning to a state of peace and industry, and the rebellion is, in fact, at an end. The measure, therefore, seems to be as inconsistent with the actual con dition of the country as it is at variance with the Constitution of the United States. If, passing from general considerations, we ex amine the bill in detail, it is open to weighty objections. In time of war it was eminently proper tha-, we should provide for those who were passing suddenly from a condition of bondage to a state of freedom* But this bill proposes to make the *I have obtained from an official source the following statement, not of the number of persons relieved, bu: of the number of rations issued by the Freedmen's Bu reau, in each State, from June 1, 1865, to April 1, i860 — ten months: Refugees. Freedmen. Total. Virginia <635 1,676,127 1,680,762 North Carolina 4,474 902,776 907,450 South Carolina and Georgia 21,974 861,653 886,627 Alabama 879,358 364,215 1,243,668 Louisiana 4,330 296,431 300,761 Texas 166 3.6S1 3,687 Mississippi 33,489 308,391 341,880 Arkansas 1,004,862 715,572 1,720.434 Kentucky and Tennessee.... 87,180 305,960 394.140 District of Columbia 3,834 440,626 444,460 2,047,297 5,876,272 7,923,569 Total number of rations issued to freedmen for ten months 5,376,272 Total number of rations isaued to refugees 2,(k7,297 Total number of rations issued to whites and blacks for ten months, from June 1, 1865, to April 1, 1866 7,92R,56j n POLITICAL MANUAL. Freedmen's Bureau, established by the act of 1865, as one of many great and extraordinary military measures to suppress a formidable re bellion, a permanent branch of the public admin istration,. with its powers greatly enlarged. I L»ve no reason to suppose, and I do not under stand it- to be alleged, that the act of March, 1865, has proved deficient for the purpose for which it was passed, although at that time, and for a con siderable period thereafter, the Government of the United States remained unacknowledged in most of the States whose inhabitants had been involved in the rebellion. Tlie institution of slavery, for the military destruction of which the Freedmen's Bureau was called into existence as an auxiliary, has been already effectually and finally abrogated throughout the whole country by an amendment of the Constitution of the United States, and practically its eradication has received the assent and concurrence of most of those States in which it at any time had sn exist ence. I am not, therefore, able to discern in the condition of the country anything to justify an apprehension that the powers and agencies of the Freedmen's Bureau, which were effective for the protection of freedmen and refugees during the actual continuance of hostilities and of African servitude, will now, in a time of peace, and after the abolition of slavery, prove inadequate to the same proper ends. If I am correct in these views there can be no necessity for the enlargement of the powers of the bureau for which provision is made in the bill. The third section of the bill authorizes a gen eral and unlimited grant of support to the des titute and suffering refugees aud freedmen, their wives and children. Succeeding sections make provision for the rent or purchase of landed es tates for freedmen, and for the erection for their benefit of suitable buildings for asylums ami schools — the expenses to be defrayed from the treasury of the whole people. The Congress ol the United States has never heretofore thought itself empowered to establish asylums beyond the limits of the District of Columbia, except for the benefit of our disabled soldiers and sailors. It has never founded schools for any class of our own people ; not even for the orphans of those who have fallen in the defence of the Union, but has left the care of education to the much more competent and efficient control of the States, of communities, of private associa tions, and of individuals. It lias never deemed itself authorized to expend the public money for the rent or purchase of homes for the thousands, not to say millions, of the white race who are honestly toiling from day to day for their sub sistence. A system for the support of indigent persons in the United States was never contem plated by the authors of the Constitution ; nor can any good reason be advanced why, as a per manent establishment, it should be founded for one class or color of our people more than an other. Pending the war many refugees and freedmen received support from the Government, but it was never intended that they should thenceforth be fed, clothed, educated, and shel tered by the United States. The idea on which the slaves were assisted to freedom was, that on becoming free they would be a self-sustaining population. Any legislation that shall imply that they are not expected to attain a self-sus taining condition must have a tendency injuri ous alike to their character and their prospects. The appointment of an agent for every county and parish will create an immense patronage; and the expense of the numerous officers and their clerks, to be appointed by the President, will be great in the beginning, with a tendency steadily to increase. The appropriations asked by the Freedmen's Bureau, as now established for the year 1866, amount to $11, 745,000 -It may be safely estimated that the cost to be in curred under the pending bill will require double that amount — more than the entire sum expended in any one year under the administration of the second Adams. If the presence of agents in every parish and county is to be considered as a war measure, opposition, or even resistance, might be provoked ; so that, to give effect to their jurisdiction, troops would have to be sta tioned within reach of every one of them,- and thus a large standing force be rendered neces sary. Largo appropriations would, therefore, be required to sustain and enforce military ju risdiction in every county or parish from the Potomac to the Rio Grande. The condition of our fiscal affairs is encouraging; but, in order to sustain the present measure of public confidence, it is necessary that we practice, not merely cus tomary economy, but, as far as possible, severe retrenchment. v In addition to the objections already stated, the fifth section of the bill proposes to take away land from its former owners without any legal proceedings being first had, contrary to that provision ot the Constitution which declares that no person shall " be deprived of life, liberty,' or property without due process of law." -It does not appear that a part of the lands to which this section refers may not be owned by minors, or persons of unsound mind, or by those who have been faithful to all their obligations as citizens of the United States. If any por tion of the land is held by such persons, it is not competent for any authority to deprive them of it. If, on the other hand, it be found that the property is liable to confiscation, even then it cannot be appropriated to public purposes until,- by due process of law, it shall have been de clared forfeited to the Government. There is still further objection to the bill on grounds seriously affecting the class of persons to whom it is designed to bring relief. It will tend to keep the mind of the freedman in a state of uncertain expectation and restlessness, while to those among whom he lives it will be a source of constant and vague apprehension. Undoubtedly the freedman should be protected,: but he shouldbe protected by the civil authorities, especially by the exercise of all the constitutional powers of the courts of the United States and of the States. His condition is not so exposed as may at first be imagined. He is in a portion of the country where his labor canAot well be spared. Competition for his services from planters, from those who are constructing or repairing rail roads, and from capitalists in his vicinage, or from other States, will enable him to command almost his own terms. He also possesses a per- VETOES AND VOTES. 71 feet right'to change his place of abode ; and if, therefore, he does not find in one community or State a mode of life suited to his desires, or proper remuneration for his labor, he can move to another, where that labor is more esteemed and better rewarded. In truth, however, each State, induced by its own wants and interests, will do what is necessary and proper to retain within its bo'rders all the labor that is needed for the development of its resources. The laws that regulate supply and demand will maintain their force, and the wages of the laborer will be regulated thereby. There is no danger that the exceedinglv great demand for labor will not operate in favor of the laborer. ¦ Neither is sufficient consideration given to the ability of the freedmen to protect and take care of themselves. It is no more than justice to them to believe that as they have received their free dom with moderation and forbearance, so they will distinguish themselves by their industry and thrift, and soon show the world that in a condi tion of freedom they are self-sustaining, capable of selecting their own employment and their own places of abode, of insisting for themselves on a proper remuneration, and of establishing and maintaining their own asylums and schools. It is earnestly hoped that, instead of wasting away, they will, by their own efforts, establish for them selves a condition of respectability and prosperity. It is certain that they can attain to that condition only through their own merits and exertions. In this connexion the query presents itself whether the system proposed by the bill will not, when put into complete operation, practically transfer the entire care, support, and control of four millions of emancipated slaves to agents, overseers, or task-masters, who, appointed at Washington, are to be located in every county and parish throughout the United States contain ing freedmen and refugees ? Such asystem would inevitably tend to a concentration of power in the Executive, which would enable him, ii so disposed, to control the action of this numerous class, and use them for the attainment of his own political ends. I cannot but add another very grave objection to this bill. The Constitution imperatively de clares, in connection with taxation, that each State shall have at least one Representatiye, and fixes the rule for the number to which, in future , times, each State shall be entitled. It also provides that the Senate of the United States shall be composed of two Senators from each State ; and adds, with peculiar force, " that no State, without ifys consent, shall be deprived of its equal suffrage in the Senate." The origi nal act was necessarily passed in the absence of the States chiefly to be affected, because their people were then contumaciously engaged in the rebellion. Now the case is changed, and some, at least, of those States are attending Congress by loyal representatives, soliciting the allow ance of the constitutional right of representa tion. At the time, however, of the considera tion and the passage of this bill, there was no Senator or Representative in Congress from the eleven States which are to be mainly affected by its provisions. The very fact that reports were and are made against tlie good disposition .of the people of that porton of the country is an additional reason why they need, and should have, Representatives of their own in Congress, to explain their condition, reply to accusations, and assist, by their local knowledge, in the per fecting of measures immediately affectii g them selves. While the liberty of deliberath a would then be free, and Congress would h.tve full power to decide according to its judgment, there could be no objection urged that the States most interested had not been permitted to be heard. The principle is firmly fixed in the minds of the American people, that there .should be no taxation without representation. Great burdens have now to be borne by all the coun try, and we may best demand that they shall be borne without murmur when they are voted by a majority of the representatives of all the peo ple. I would not interfere with the unques tionable right of Congress to judge, each house for itself, "of the elections, returns, and qualifi cations of its own members." But that author ity cannot be construed as including the right to shut out, in time of peace, any State from the representation to which it is entitled by the Constitution. At present all the people of eleven States are excluded — those who were most faith ful during the war not less than others. The State of Tennessee, for instance, whose authori ties engaged in rebellion, was restored to all her constitutional relations to the Union by the pa triotism and energy of her injured and betrayed people. Before the war was brought to a ter mination they had placed themselves in rela tions with the General Government, had estab lished a State government of their own, and, as they were not included in the emancipation proc lamation, they, by their own act, had amended their constitution bo as to abolish slavery within the limits of their State. I know no reason why the State of Tennessee, for example, should not fully enjoy "all her constitutional relations to the United States." The President of the United States stands to wards the country in a somewhat different atti tude from that of any member of Congress. Each member of CongresB is chosen from a sin gle district or State ; the President is chosen by the people of all the States. As eleven States are not at this time represented in either branch of Congress, it would seem to be his duty, on all proper occasions, to present their just claims to Congress. There always will be differences of opinion in the community, and individuals may be guilty of transgressions of the law, but these do not constitute valid objections against the right of a State to representation. I would in nowise interfere with the discretion of Con- fress with regard to the qualifications of mem- ers ; but I hold it my duty to recommend to you, in the interests of peace and in the interests of Union, the admission of every State to its share in public legislation, when, however in subordinate, insurgent, or rebellious its people may have been, it presents itself not only in an attitude of loyalty and harmony, but m the persons of representatives whose loyalty can not be questioned under any existing constitu tional or legal test. It is plain that an indefinite or permanent exclusion of any part of the 72 POLITICAL MANUAL. country from representation must be attended by a spirit of disquiet and complaint. It is un wise and dangerous to pursue a course of meas ures which will unite a very large section of the country against another section of the country, however much the latter may preponderate. The course of emigration, the development of industry and business, and natural causes, will raise up at the South men as devoted to the Union as those of. any other part of the land. But if they are ali excluded from Congress ; if, in a permanent statute, they are declared not to be in full constitutional relations to the country, they may think they have cause to be come a unit in feeling and sentiment against the Government. Under the political education of the American people, the idea is inherent and and ineradicable, that the consent of the majority of the whole people is necessary to secure a willing acquiescence in legislation. The bill under consideration refers to certain of the States as though they had not "been fully restored in all their constitutional relations to the United States." If they have not, let us at once act together to secure that desirable end at the earliest possible moment. It is hardly necessary for me to inform Congress that, in my own judgment, most of those States, so far, at least, as depends upon their Qwn action, have already been fuUy restored, and are to be deemed as entitled to enjoy their constitutional rights as members of the Union.* Reasoning from the *In response to this suggestion, this action took place in Congress : When Representatives shall be Admitted from States declared in Insurrection. In House. February 20, 1866— Mr. Stevens, from the jommittee on Reconstruction, reported this concurrent resolution : , Resolved by the Souse of Representatives, (the Senate concurring,) That, in order to close agitation upon a question which seems likely to disturb the action of the Government, as well as to quiet the 'uncertainty which is agitating the minds of the people of the eleven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation. Which was agreed to — yeas 109, nays 40, as follow : Teas — Messrs. Allison, Anderson, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Bing ham, Elaine, Boutwell, Brandegee, Bromwell, Broomall, Bucklaud, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Doming, Donnelly, Driggs. Eckley, Eggles- ton, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, HotchkisB, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James It. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, George V. Lawrence, Wil liam Lawrence, Loan, Longyear, Lynch, Marston, McClurg, Mclndoe, McKee, McRuer, Mercur. .Moorhead, Morrill, Morris, Moulton, Myers, O'Neill. Ortfi, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, John H. Rice, Sawyer, Schenck, Scolield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, John L. Thomas, jr., Trowbridge. Upson, Van Aernam, Burt Van Horn, Ward, Warn er, Ellihu B. Washburne, William B. Washburn, Wolkev, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, ffindom, Woodbridge— 109. Constitution itself, and from the actual situation' of the country, I feel net only entitled, but bound to assume that, with the federal courts restored,. and those of the several States in the full exer cise of their functions, the rights and interestsof all classes of the people will, with the aid of the military in cases of resistance to the laws, be essentially protected against unconstitutional infringement or violation. Should this expec tation unhappily fail, which I do not anticipate, then the Executive is already fully armed with the powers conferred by the act of March, 1865, establishing the Freedmen's Bureau, and here after, as heretofore, he can employ the land and naval forces of the country to suppress insurrec tion or to overcome obstructions to the laws. In accordance with the Constitution I return the bill to the Senate, in the earnest hope that a measure involving questions and interests so important to the country will not become a law, unless, upon deliberate consideration by the peo ple, it shall receive the sanction of an enlightened . public judgment. Andrew Johnson. Washington, February 19, 1866. Copy of the Bill Vetoed. An Act to amend an act entitled " An act to establish a Bureau for the relief of Freedmen and Refugees," and for other purposes. Be it enacted, &c, That the act to establish a Nats— Messrs. Bergen, Boyer, Brooks, Ohanler, Cqffroth, Dawson, Eldridge, Pinck, Glossbrenner, Goodyear, Grider, Hale, Aaron Harding, Hogan, Humphrey, Kern, Latham, Marshall, McCullough, Newell, Niblack, Nicholson, Phelps, Radford, Samuel J. Randall, Raymond, Bitter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Taber, Taylor, Thornton, Trimble, Voorhees, Whaley, Wright— 40. February 21 — A motion to reconsider the above vote having been entered, Mr. Stevens moved to lay it on the table ; which was agreed to — yeas 108, nays 38, as follow : Yeas — Messrs. Allison, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, - Benjamin, Bidwell, Bingham, Blaine, Boutwel], Brands- gee, Bromwell, Broomall, Buckland, Reader W. Clarke, Cobb, Conkling, Cook, Cullom j Dawes, Defrees, Deming, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farquhar, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson. Higby, Holmes, Hooper, Asahel W. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenekes, Julian, Kelley, Ketcham, Laf- lin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, McRuer, Mer cur, Moorhead, Morrill, Morris, Moulton, O'Neill, Orth, Paine, ¦ Perham, Pike, Plants, Pomeroy, Trice, William H. Randall, Alexander II. Rice, John H.Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F.Wilson, Stephen F. Wilson, Windom— 108. , Nats— Messrs. Ancona, Bergen, Boyer, Brooks, Coffroth, Dawson, Delano, Denison, Eldridge, Pinck, Glossbrenner, Goodyear, Grider, Robert S. Hale, Hogan, Edwin N. BubbeU, James M. Humphrey, Kerr, Latham, Marshall, McCullough, Newell, Niblaclc, Nicholson, Nccll, Phelps, Radford, Ritter, Rogers, Ross, Rousseau, S/ianklin, Sitgreaves, Strouse, Taber, Taylor, Trimble, Whaley— 38. March 2— The Senate passed the resolution- yeas 29, nays 18, as follow : Yeas— Messrs. Anthony, Brown, Chandler, Clark, Con- ness, Cragin, Creswell, Fessonden, Eoster, Grimes, Harris, Henderson, Howe, Kirkwood, Lane of Indiana, Mori-ill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates— 29. Nats— Messrs. Buckalew, Cowan, Dams, Dixon, Doolittle, Guthru, Hendricks, Johnson, Lane of Kansas, McDougaU, Morgan, Hesmith, Norton, Riddle, Sauhbury, Stewart, Stockton, Van Winkle— 18. VETOES AND VOTES. -73 bureau for the relief of freedmen and refugees, approved March three, eighteen hundred and sixty-five, shall continue in force until otherwise provided by law, and shall extend to refugees and freedmen in all parts- of the United States ; and the Presiden t may divide the section of coun try containing such refugees and freedmen into districts, each containing one or mor« States, not to exceed twelve in number, and, by and with the advice and consent of the Senate, ap point an assistant commissioner for each of said districts, who shall give like bond, receive the Compensation, and perform the duties prescribed by this~and the act to which this is an amend ment ; or said bureau may, in the discretion of the President, be placed under a commissioner and assistant commissioners, to be detailed from the army ; in which event each officer so assigned to duty shall serve without increase of pay or allowances. Sec. 2. That the commissioner, with the ap proval of the President, and when the same shall be necessary for the operations of the bu reau, may divide each district into a number of sub-districts, not to exceed the number of coun ties or parishes in such distrjct, and shall assign to each sub-district at least one agent, either a citizen, officer of the army, or enlisted man, who, if an officer, shall 'serve without additional compensation or allowance, and if a citizen or enlisted man, shall receive a salary of not less than five hundred dollars nor more than twelve hundred dollars annually, according to the ser vices rendered, in full' compensation for such services ; and such, agent shall, before entering on the duties of his of$ce, take the oath pre scribed in the first section of the act to which this is an amendment. And the commissioner may, when the same shall be necessary, assign to each assistant commissioner not exceeding three clerks, and to each of said agents one clerk, at an annual salary not exceeding one thousand dollars each, provided suitable clerks cannot be detailed from the army. And the President of the United States, through the War Department and the commissioner, shall extend military jurisdiction and protection over all em ployes, agents, and officers of this bureau in the exercise of the duties imposed or authorized by this act or the act to which this is additional. Sec. 3. That the Secretary of War may direct such issues of provisions, clothing, fuel, and other supplies, including medical stores and transportation, and afford such aid, medical or otherwise, as he may deem needful for the im mediate and temporary shelter and supply of destitute and suffering refugees and freedmen, their wives and children, under such rules and regulations as he may direct : Provided, That no person shall be deemed " destitute," " suffer ing," or " dependent upon the Government for support," within the meaning of this act, who, being able to find employment, could by proper industry and exertion avoid such destitution, suffering, or dependence. .Sec. i. That the President is hereby author ized to reserve from sale, or from settlement, under the homestead or pre-emption laws, and to set apart for the use of freedmen and loyal refu gees, male or female, unoccupied public lands in Florida, Mississippi, Alabama, Louisiana, and Arkansas, not exceeding in all three millions of acres of good land ; and the commissioner, under the direction of the President, shall cause the same from time to time to be allotted and as signed, in parcels not exceeding forty acres each, to the loyal refugees and freedmen, who shall be protected in the use and enjoyment thereof for such term of time and at such annual rent as may be agreed on between the commissioner and such refugees or freedmen. The rental shall be based upon a valuation of the land, to be ascer tained in such manner as tho commissioner may, under the direction of the President, by regulation prescribe. At the end of such term, or sooner, if the commissioner shall assent thereto, the occupants of any parcels so assigned, their heirs and assigns, may purchase tho land and receive a title thereto from the United States in fee, upon paying therefor the value of the land ascertained as aforesaid. Sec. 5. That the occupants of land under Major General Sherman's special field order, dated at Savannah, January sixteen, eighteen hundred and sixty-five, are hereby confirmed in their possession for the period of three years from the date of said order, and no person shall be disturbed in or ousted from said possession during said three years, unless a settlement shall be made with said occupant, by the former owner, his heirs or assigns, satisfactory to the commissioner of the Freedmen's Bureau : Pro vided, That whenever the former owners of land9 occupied under General Sherman's field order shall make application for restoration of said lands, the commissioner is hereby authorized, upon the agreement and with , the written con sent of said occupants, to procure other lands for them by rent or purchaso, not exceeding forty acres for each occupant, upon the terms and con ditions named in section four of this act, or to set apart for them, out of the public lands as signed for that purpose in section four of this act, forty acres each, upon the same terms and conditions. Sec. 6. That the commissioner shall, under the direction of the President, procure in the name of the United States, by grant or purchase, such lands within the districts aforesaid as may be required for refugees and freedmen dependent on the Government for support; and he shall pro vide or cause to be erected suitable buildings for asylums and sohools. But no such purchase shall be made, nor contract for the same entered into, nor other expense incurred, until after ap propriations shall have been provided by Con gress for such purposes. And no payment shall be made for lands purchased under this section, except for asylums and schools, from any moneys not specifically appropriated therefor. And the commissioner shall cause such lands from time to time to be valued, allotted, assigned, and sold in manner and form provided in the fourth sec tion of this act, at a price not less than the cost thereof to the United States. Sec. 7. That whenever in any State or distric* in which the ordinary course of judicial pro ceedings has been interrupted by the rebellion, and wherein, in consequence of any Stat<= or local law, ordinance, police or other regulation, 74 POLITICAL MANUAL, custom, or prejudice, any of the civil rights or immunities belonging to white persons, inclu ding the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to have full and equal benefit of all laws and proceedings for the security of person aai estate, including the constitutional right of bearing armB, are refused or denied to negroes, mulattoes, freedmen, refu gees, or any other persons, on account of race, color, or any previous condition of slavery or involuntary servitude, or wherein they or any of them are subjected to any other or different punishment, pains, or penalties, for the commis sion of any act or offence than are prescribed for white persons committing like acts or offen ces, it shall be the duty of the President of the United States, through the commissioner, to ex tend military protection and jurisdiction over all cases affecting such persons so discriminated Sec. 8. That any person who, under color of any State or local law, ordinance, police, or other regulation or custom, shall, in any State or dis trict in which the ordinary course of judicial proceedings has been interrupted by the rebel lion, subject, or cause to be subjected, any negro, mulatto, freedman, refugee, or other person, on account of race or color, or any previous con dition of slavery or involuntary servitude, or for any other cause, to the deprivation of any civil right secured to white persons, or to any other or different punishment than white per sons are subject to for the commission of like acts or offences, shall be deemed guilty of 'a misdemeanor, and be punished by fine not ex ceeding one thousand dollars, or imprisonment not exceeding one year, or both ; and it shall be the duty of the officers and agents of this bu reau to take jurisdiction of, and hear and deter mine all offences committed against the provi sions of this section, and also of all cases affect ing negroes, mulattoes, freedmen, refugees, or other persons who are discriminated against in any of the particulars mentioned in the prece ding section of this act, under such rules and regulations as the President of the United States, through the War Department, shall prescribe. The jurisdiction conferred by this and the pre ceding section on the officers and agents of this bureau shall cease and determine whenever the discrimination on account of which it Is con ferred ceases, and in no event to be exercised in any State in which the ordinary course of judi cial proceedings has not been interrupted by the rebellion, nor in any such State after said State shall have been fully restored in all its constitu tional relations to the United States, and the courts of the State and of the United States within the same are not disturbed or stopped in die peaceable course of justice. Sec. 9. That all acts, or parts of acts, incon sistent with the provisions of this act, are here by repealed. The votes on passing this bill were : In Senate. 1866, January 25 — The bill passed — yeas 37, t»ays 10, as follow : Yeas— Messrs. Anthony, Brown, Chandler, Clark, Con- neaa, Cragin, Creswell, Dixon, Doolittle, Fossenden, Foot, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirk. wood, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Norton, Nye, Poland, Pomerov, Ramsey, Sherman, Sprngne, , , . Stewart, Sumner, Trumbull, Van Winkle, Wade, Williams, Wilson, Yates— 37. Nats— Messrs. Buckalem, Davis, Guthrie, Hendricks, Johnson, McDougaU, Riddle, Saulsbury, Stockton, Wright-r 10. In House. February 6 — The bill passed — yeas 137, nays 33, as follow: Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reade; W. Clarke, Sidney Clarke, Cobb, Conkling, Copk, Cullora, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dnmont, Eckley, Eggleston, Eliot, Faros- worth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hil), Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, JameB Humphrey, luge, soil, Jenckee, Julian, lias- son, Kelley, Kelso, Ketcham, KuykendalJ,- Latlin. Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynuh, Marston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Saw- yer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spald ing, Starr, Stevens, Stilwell, Thayer, Francis. Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washbnrn, Welker, Wentworth, Whaley, . Wil liams, James F. Wilson, Stephen F. Wilson, Windom, Wood- bridge— 137. Nats — Messrs. Boyer, Brooks, Chanter, Dawson, Eldridge. Pinek, Gtossbrenner, Grider, Aaron Harding, Harris, Ho gan, Edwin N. Hubbell, James M. Humphrey, Kerr, Le Blond MarsliaU, McCullough, Niblack, Nicholson, Noell, Samuel J. Randall, Ritter, Rogers, Ross, Rousseau, Sltanklm, Sitgreaves, Strouse, Tuber, Taylor, Thornton, Trimble, Wright— 33. February 21 — In Senate, the vote on passing the bill, notwithstanding the objections of the President, was — yeas 30, nays 18, as follow : Yeas — Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Hen derson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, Sheik man, Sprague, Sumner, Trumbull, Wade, Williams, Wilson^. '. . , Yates— 30. Nats — Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Hendricks, Johnson, McDougaU, Morgan, Ncsmith, Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle, Willey— IS. Two-thirds not having voted therefor, the bill failed. Veto of the Civil Sights Bill, March 27, 1866. To the Senate of the United States : I regret that the bill which has passed both Houses of Congress, entitled " An act to protect all persons in the United States in their civil rights, and furnish the means of their vindica tion," contains provisions which I cannot ap prove, consistently with my sense of duty to the whole people, and my obligations to the Consti tution of the United States. I am therefore con strained to return it to the Senate, the house in which it originated, with my objections to its becoming a law. By the first section of the bill all persons born in the United States, and not subject to any for eign power, excluding Indians not taxed, are de clared to be citizens of the United States. This provision comprehends the Chinese of the Pa cific States, Indians subject to taxation, the peo ple called Gipsies, as well as the entire race des ignated as blacks, people of color, nog roes,, mu i i i lattoes, and persons of African blqod Every I individual of these races, born in the United VETOES AND VOTES. 75 States, is by the bill made a citizen of the United States. It does not purport to declare or confer any other right of citizenship than federal citi zenship. It does not purport to give these classes of persons any status as citizens of States, ex cept that which may result from their status as citizens of the United States. The power to con fer the right of State citizenship is just as ex- °cKisively with the several States as the power to confer the right of federal citizenship is with Congress. The right of federal citizenship thus to be con ferred on the several excepted races before men tioned, is now, for the first time, proposed to be given by law. If, as is claimed by many, all persons who are native-born already are, by virtue of the Constitution, citizens of the United States, the passage of the pending bill cannot be neces sary to make them such. If, on the other hand, such persons are not citizens, as may be assumed from the proposed legislation to make them such, the grave question presents itself, whether, when eleven of the thirty-six States are unrepresented :in Congress at the present time, it is sound policy to make our entire colored population and all other excepted classes citizens of the United States? Four millions of them have just emerged from slavery into freedom. Can it be reasonably supposed that they possess the requi site qualifications to entitle them to all the priv ileges and immunities of citizens of the United States ? Have the people of the several States expressed such a conviction ? It may also be asked whether it is necessary that they should be declared citizens, in order that they may be secured in the enjoyment of the civil rights pro posed to be conferred by the bill ? Those rights are, by federal as well as State laws, secured to all domiciled aliens and foreigners, even before the completion of the process of naturalization ; and it may safely be assumed that the same enactments are sufficient to give like protection and benefits to those for whom this bill provides special legislation. Besides, the policy of the Government, from its origin to the present time, seems to have been that persons who are stran- . gers to and unfamiliar with our institutions and our laws should pass through a certain proba tion, at the end of which, before attaining the coveted prize, they must give evidence of their fitness to receive and to exercise the rights of cit- 'izens, as contemplated by the Constitution of the United States. The bill, in effect, proposes a discrimination against large numbers of intelli gent, worthy, and patriotic foreigners, and in iavor of the negro, to whom, after long years of bondage, the avenues to freedom and intelligence have just now been suddenly opened. He must, of necessity, from his previous unfortunate con dition of servitude, be less informed as to the nature and character of our institutions than he who, coming from abroad, has to some extent, at least, familiarized himself with the principles of a government to which he voluntarily in trusts "life, liberty, and the pursuit of happi ness." Yet it is now proposed, by a single leg islative enactment, to confer the rights of citi zens upon all persons of African descent born within the extended limits of the United States, while persons of foreign birth, who make our land their home, must undergo a probation of five years, and can only then become citizens upon proof that they are " of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same." The first section of the bill also contains an enumeration of the rights to be enjoyed by these classes, so made citizens, "in every State and Territory in the United States." These rights are, " to make and enforce contracts, to sue, be parties, and give evidence ; to inherit, purchase, lease, Bell, hold, and convey real and personal property ;" and to have " full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens." So, too, they are made subject to the same punish ments, pains, and penalties in common with white citizens, and to none other. Thus a perfect equality of the white and colored races is at tempted to be fixed by federal law in every State of the Union, over the vast field of State jurisdic tion covered by these enumerated rights. In no one of these can any. State ever exercise any power of discrimination between the different races. In the exercise of State policy over mat ters exclusively affecting the people of each State, it has frequently been thought expedient to dis- criminatehetween the two races. By the stat utes of some of the States, northern well as south ron, it is enacted, for instance, that no white person shall intermarry with a negro or mulatto. Chancellor Kent says, speaking of the blacks, that " marriages between them and the whites are for bidden in some of the States where slavery does not exist, and they are prohibited in all the slave- holding States ; and when not absolutely contrary to law, they are revolting, and regarded as an offence against public decorum." I do not say that this bill repeals State laws on the subj ect of marriage between the two races ; for, as the whites -are forbidden to intermarry with the blacks, the blacks can only make such contracts as the whites themselves are allowed to make, and therefore connot, under this bill, enter into the marriage contract with the whites. I cite this discrimination, however, as an instance of the State policy as to discrimination, and to in quire whether, if Congress can abrogate all State laws of discrimination between the two races in the matter of real estate, of suits, and of contracts generally, Congress may not also repeal the State laws as to the contract of marriage between the two races ? Hitherto every subject embraced in the enumeration of rights contained in this bill has been considered as exclusively belonging to the States. They all relate to the internal police and economy of the respective States. They are matters which in each State concern the do mestic condition of its people, varying in each according to its own peculiar circumstances and the safety and well-being of its own citizens. I do not mean to say that upon all these subjects there are not federal restraints— as, for instance, in the State power of legislation over contracts, there is a federal limitation that no State shall pass a law impairing the obligations of contracts ; and, as to crimes, that no State shall pass an ex post facto law ; and, as to money, that no State shall make anything but gold and silver a legal 76 POLITICAL MANUAL. tender. But where can we find a federal prohi- bitioa against the power of any State to discrimi nate, as do most of them, between aliens and citizens, between artificial persons called corpora tions and natural persons, in the right to hold real estate ? If it be granted that Congress can repeal all State laws discriminating hetween whites and blacks in the subjects covered by this bill, why, it may be asked, may not Congress re peal, in the same way, all State laws discrimi nating between the two races on the subjects of suffrage and office? If Congress can declare by law who shall hold lands, who shall testify, who shall have capacity to make a contract in a State, then Congress can by law also declare who, without regard to color or race, shall have the right to sit as a juror or as a judge, to hold any office, and, finally, to vote, "in every State and Territory of the United-States." As respects the Territories, they come within the power of Con gress, for as to them the law-making power is the federal power ; but as to the States no Bimilar provision exists vesting in Congress the power " to make rules and regulations " for them. The object of the second section of the bill is to afford discriminating protection to colored persons in the full enjoyment of all the rights secured to them by the preceding section. It de clares " that any person who, under color of any law, statute, ordinance, regulation, or cus tom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the de privation of any right secured or protected by this h,ct, or to different punishment, pains, or penalties, on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shallhave been duly convicted, or by reason of hiB color or race, than is prescribed for the punishment of white per sons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding one thousand doUars, or impris onment not exceeding one year, or both, in the discretion of the court." This section seems to be designed to apply to some existing or future law of a State or Territory which may conflict with the provisions of the bill now under con sideration. It provides for counteracting such forbidden legislation by imposing fine and im prisonment upon the legisUtors who may pass such conflicting laws, or upon the officers or agents who shall put or attempt to put them into execution. It means an official offence — not a common crime committed against law upon the persons or property of the black race. Such an act may deprive the black man of his property, but not of the right to hold property, it means a deprivation of the right itself, either by the State judiciary or the State legislature. It is therefore assumed that under this section mem bers of State legislatures who should vote for laws conflicting with the provisions of the bill, that judges of the State courts who should ren der judgments in antagonism with its terms, and that marshals and sheriffs who should, as minis terial officers, execute processes sanctioned by State laws and issued by State judges in execu tion of their judgments, could be brought before other tribunals, and there su'bjei Sed to fine and imprisonment for tn; performance of the duties which such State, laws might impose. The leg islation thus proposed invades the judicial power of the State. It says to every State court or judge, if you decide that this act is unconstitu tional ; if you refuse, under the prohibition of a State law, to allow a negro to testify ; if you hold that over such a subject-matter the State law is paramount, and " under color" of a State law refuse the exercise of the right to the negroi your error of judgment, however conscientious, shall subject you to fine and imprisonment! J do not apprehend that the conflicting legislation which the bill seems to contemplate is so likely to occur as to render it necessary at this time to adopt a measure of such doubtful constitution^ ality. In the next place, this provision of the bill seems to be unnecessary, as adequate judicial remedies could be adopted to secure the desired end, without invading tb.e immunities of legis lators, always important to be preserved in the interest of public liberty ; without assailing the independence of the judiciary, always essential to the preservation of individual rights ; and without impairing the efficiency of ministerial officers, always necessary for the maintenance of public peace and order. The remedy proposed by this section seems to be, in this respect, not only anomalous, but unconstitutional; for the Constitution guarantees nothing with certainty if it does not insure to the several States tho right of making and executing laws in regard to all matters arising within their jurisdiction, subject only to the restriction that, in cases of conflict with the Constitution and constitutional laws of the United States, the latter should be held to be the supreme law of the land. The third section gives the district courts of the United States exclusive " cognizance of all crimes and offences committed against the pro visions of this act," and concurrent jurisdiction with the circuit courts of the United States.of all civil and criminal cases " affecting persons who are denied, or cannot enforce in the courts or judicial tribunals of the State or locality where they may be, any of the rights securecTto them by the first section." The construction which I have given to the second section is strengthened by this third section, for it makes clear what kind of denial or deprivation of the rights secured by the first section was in con templation. It is a denial or deprivation of such rights^" in the courts or judicial tribunals of the State." It stands, therefore, clear of doubt that the offence and the penalties provided in the second section are intended for the State judge, who, in the clear exercise of his functions as a judge, not acting ministerially but judicially^. shaU decide contrary to this federal law. In other words, when a State judge, acting upon a question involving a conflict hetween a State law and a federal law, and bound, according to his own judgment and responsibility, to give an impartial decision between the two, comes to the conclusion that the State law- is valid and the federal law is invalid, he must not follow the dictates of his own, judgment, at the peril of fine anVmErlS0nment- T^e iegislative department of the Government of the United States thus VETOES AND VOTES. 77 takes from tho judicial department of the States the sacred and exclusive duty of judicial decision, and converts the State judge into a mere minis terial officer, bound to decide according to the will of Congress. ' It is clear that, in States which deny to per sons whose rights are secured by the first section of the bill any one of those rights, all criminal and civil cases affecting them will, by the pro visions of the third section, come under the ex- elusive cognizance of the federal tribunals. It follows that if, in any State which denies to a colored person any one of all those rights, that person should commit a crime against the laws of a State — murder, arson, rape, or any other crime — all protection and punishment through the courts of the State are taken away, and he can only be tried and punished in the federal courts. How is the criminal to be tried ? If the offence is provided for and punished by fed eral law, that law, and not the State law, is to fovern. It is only when the offence does not appen to be within the purview of federal law that the federal courts are to try and punish him under any other law. Then resort is to be had to the " common law, as modified and changed" by State legislation, "so far as the 3ame is not inconsistent with the Constitution and laws of the United States." So that over this vast domain of criminal jurisprudence pro vided by each State for the protection of its own citizens, and for the punishment of all persons who violate its criminal laws, federal law, when ever it can be made to apply, displaces State law. The question here naturally arises, from what source Congress derives the power to transfer to federal tribunals certain classes of cases embraced in this section ? The Constitution expressly de clares that the judicial power of the' United States "shill extend to all cases in law and equity arising under this Constitution, the laws ot the United States, and treaties made, or which shall be made under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming land under grants of different States, and between a State, or the citizens there of, and foreign States, citizens, or subjects," Here the judicial power of the United States is expressly set forth and defined ; and the act of September 24, 1789, establishing the judicial courts of the United States, in conferring upon the federal courts jurisdiction over cases, origi nating in State tribunals, is careful to confine them to the classes enumerated in the above- recited clause of the Constitution. This section of the bill undoubtedly comprehends cases and authorizes the exercise of powers that are not, by the Constitution, within the jurisdiction of the courts of the United States. To transfer them to those courts would be an exercise of authority well calculated to excite distrust and alarm on the part of all the States ; for the bill applies alike to all of them — as well to those that have as tothose that have not been engaged in rebellion. It may be assumed that this authority is in cident to the power granted to Congress by tho Constitution, as recently amended, to enforce, by appropriate legislation, the article declaring that " neither slavery nor involuntary servitude, except as a punishment for crime whereof tho party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." It cannot, however, be justly claimed that, with a view to the enforce ment of this article of the Constitution, there is at present any necessity for the exercise of all the powers which this bill confers. Slavery has been abolished, and at present nowhere exists within the jurisdiction of the United States ; nor has there been, nor is it likely there will be, any attempt to revive it by the people or the States. If, however, any such attempt shall be made, it will then become the duty of the General Gov ernment to exercise any and all incidental powers necessary and proper to maintain invio late this great constitutional law of freedom. The fourth section of the bill provides that officers and agents of the Freedmen's Bureau shall be empowered to make arrests, and also that other officers may be speciaUy commissioned for that purpose by the President of the United States. It also authorizes circuit courts of the United States and the superior courts of the Territories to appoint, without limitation, com missioners, who are to be charged with the per formance of quasi judicial duties. The fifth section empowers the commissioners so to be, selected by the courts to appoint in writing, under their hands, one or more suitable persona from time to time to execute warrants and other processes described by the bill. These numerous official agents are made to constitute a sort of police, in addition to the military, and are au thorized to summon a posse comitatus, and even to call to their aid such portion of the land and naval forces of the United States, or of the mili tia, " as may be necessary to the performance of the duty with which they are charged." This extraordinary power is to be conferred upon agents irresponsible to the Government and to the people, to whose number the discretion of the commissioners is the only limit, and in whose hands such authority might be made a terrible engine of wrong, oppression, and fraud. The general statutes regulating the land and naval forces of the United States, the militia, and the execution of the laws, are believed to be ade quate for every emergency which can occur in time of peace. If it should prove otherwise Congress can at any time amend those laws in such a manner as, while subserving the public welfare, not to jeopard the rights, interests, and liberties of the people. The seventh section provides that a foe of ten dollars shall be paid to each commissioner in every case brought before him, and a fee of five dollars to his deputy, or deputies, " for each per son he or they may arrest and take before any such commissioner," "with such other fees as maybe deemed reasonable by such commission," " in general for performing such other duties as may he required in the premises." All these fees are to be " paid out of the Treasury of tha United States," whether there is a conviction or not ; but in case of conviction they are to be POLITICAL MANUAL, recoverable from the defendant. It seems to me that under the influence of such temptations bad men might convert any law, however bene ficent, into an instrument of persecution and fraud. By the eighth section of the bill the United States courts, which sit only in one place for white citizens, must migrate, with the marshal and district attorney, (and necessarily with the clerk, although he is not mentioned,) to any part of the district upon the order of the Presi dent, and there hold a court " for the purpose of the more speedy arrest and trial of persons charged with a violatidn of this act ;" and there the judge and officers of the court must remain, upon the order of the President, " for the time therein designated." The ninth section authorizes the President, or ¦ such person as he may empower for that pur pose, " to employ such part of the land or naval forces of the United States or of the militia as shall be necessary to prevent the violation and enforce to due execution of this act." This language seems to imply a permanent military force, that is to be always at band, and whose only business is to be the enforcement of this measure over the vast region where it is intended to operate. I do not propose to consider the policy of this bill. To me the details of the bill seem fraught with evil. The white race and the black race of the South have hitherto lived together under the relation of master and slave — capital own ing labor. Now, suddenly, that relation is changed, and, as to ownership, capital and labor are divorced. They stand now each mas ter of itself. In this new relation, one being necessary to the other, there will be a new ad justment, which both are deeply interested in making harmonious. Each has equal power in settling the terms, and, if left to the laws that regulate capital and labor, it is confidently be lieved that they will satisfactorily work out the problem. Capital, it is true, has more intelli gence, but labor is never so ignorant as not to understand its own interests, not to know its own value, and not to see that capital must pay that value. This bill frustrates this adjustment. It inter venes between capital and labor, and attempts to settle questions of political economy through the agency of numerous officials, whose interest it will be to foment discord between the two races ; for as the breach widens their employment will continue, and when it is closed their occu pation will terminate. In all our history, in all our experience as a people, living under federal and State law, no such system as that contemplated by the details of this bill has ever before been proposed or adopted. They establish for the security of the colored race safeguards which go infinitely be yond any that the General Government has ever providedf for the white race. In fact, the dis tinction of race and color is, by the bill, made to operate in favor of the colored and against the white race. They interfere with the municipal legislation of the States, with the relations existing exclusively between a State and its citizens, or between inhabitants of tho same State — an absorption and assumption of powej by the General Government which, if acquiesced in, must sap and destroy our federative systeni of limited powers, and break down the barriers which preserve the rights of the States. It is another step, or rather stride, towards central? ization, ana the concentration of all legislative Sowers in the national Government. The ten- ency of the bill must be to resuscitate the spirit of rebellion, and to arrest the progre'sj of those influences which are more closely draw? ing around the States the bonds of union and peace. My lamented predecessor, in his proclamation of the 1st of January, 1863, ordered and de clared that all persons held as slaves within; certain States and parts of States therein desig nated were, and thenceforward should be free; and, further, that the executive government of the United States, including the military and naval authorities thereof, would recognize and maintain the freedom of such persons. This gnarantee has been rendered especially obliga tory and sacred by the amendment of the Con stitution abolishing slavery throughout the United States. I, therefore, fully recognize the obligation to protect and defend that class of our people, whenever and wherever it shall become necessary, and to the full extent com patible with the Constitution of, the United' States. Entertaining these sentiments, it only re-. mains for me to say, that I will cheerfully co-op erate with Congress in any measure that may be necessary for the protection of the civil rights. of the freedmen, as well as those of all other classes of persons throughout the United States,; by judicial process, under equal and impartial laws, in ccaformity with the provisions of the Federal Constitution. I now return the bill to the Senate, and re-, gret that, in considering the bills and joint, resolutions — forty-two in number — which have-' been thus far submitted for my approval, I am compelled to withhold my assent from a second measure that has received the sanction of both Houses of Congress. Ajtdrew Jokhsos. . Washington, D. C, March 27, 1866. Copy of the Bill Vetoed. An Act to protect all persons in the United. States in their civil rights, and furnish the means of their vindication. Be U enacted, &c, That all persons born in the United States and not subject to any foreign; power, excluding Indians, not taxed, are hereby declared to be citizens of the United States;, and such citizens of every race and color, witb-J out regard to any previous condition of slavery or involuntary servitude, except as a punishr, ment for crime whereof the party shall havebeen duly convicted, shall have the same right in every State and Territory in the United States to make and enforce contracts ; to sue, be parties, and give evidence ; to inherit, purchase, lease, Bell, hold, and convey real and personal property; and to full and equal benefit of all laws and proceedings for the security of person and prop erty as is enjcyed by white citizens, and shal^ VETOES AND VOTES- 79 b.e subject to like punishment, pains, and penal ties, and to none other, any law, statute ordi nance, regulation, or custom, to the contrary Botwithstanding. Sec. 2. That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a mis demeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in, the discretion of the court. ; . Sec. 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences Committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and crimi nal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act ; and if any suit or prosecution, civil or crim inal, has been or shall be commenced in any State court against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arreBt or im prisonment, trespasses, or wrongs done or com mitted by virtue or under color of authority derived from this act or the act establishing a bureau for the relief of freedmen and refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus aud regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and' en forced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect ; but in all cases where such laws are not adapte'd to the object, or are defi cient in the provisions necessary to furnish suit able remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the inflic tion of punishment on the party found guilty. Sec. i. That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit court and territorial courts of the United States, with pow ers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and e required, at the expense of the United States, to institute proceedings against all and every per son who shall violate the provisions of this act, and cause him or them to-he arrested and im prisoned, or bailed, as the case may be, for trial before such court of the United States or terri torial court as by this act has cognizance of th« offence. And with a view to affording reason able protection to all persons in their constitu tional rights of equality before the law, without distinction of race or color, or previous condi tion of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to the prompt discharge of the dutieB of this act, it shall be the duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and exami nation of persons charged with a violation cf this act. And such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to of fences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States. Sec. 5. That it shall he the duty of all mar shals and deputy marshals to obey and execute all warrants and precepts issued under the pro visions of this act, when to them directed ; and should any marshal or deputy marshal refuse to receive such warrant or other process when ten dered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to exe cute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable per sons, from time to time, to execute all such war rants and other process that may be issued by them in the lawful performance of their respect ive duties ; and the persons so appointed to exe cute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or the posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the mili tia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in con formity with the provisions of this act ; and said warrants shall run and be executed by said officers anywhere in the State or Terrritory within which they are issued. Seo. 6. That any person who shaU knowingly 80 POLITICAL MANUAL-. and wilfully obstruct, hinder or prevent any officer, or other person charged with the execu tion of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein ^iven and de clared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, in escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offence- may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. Sec 7. That the district attorneys, the mar shals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases ; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclu sive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such com- mi5si oners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily per formed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging dur ing his detention, and until the final determina tion of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in con formity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practica ble and paid out of the treasury of the United States on the certificate of the judge of the>dis- trict within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be commit ted against the provisions of this act within any judicial district, it shall he lawful for him, in his discretion, to direct the judge, marshal, and dis trict attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of -the more speedy arrest and trial of persons charged- with a violation of this act -r and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend- at the place and for the time therein designated. Sec. 9. That it shall be lawful for the Presi dent of the United States, or such person as lie may empower for that purpose, to employ Such part of the land or naval forces of the United StateE, or of the militia, as shall be necessary.to prevent the violation and enforce the due exe cution of this act. Sec. 10. That upon all questions of law arising in any cause under the provisions of this act,->a final appeal may be taken to the Supreme Court of the United States. v The votes on this bill were : 1866, February 2 — The Sekate passed the bill — yeas 33, nays 12, as follow : Teas— Messrs. Anthony, Brown, Chandler, Clark, Oonnejt, Cragin, Dixon, Fessonden, Foot, Foster, Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey .-Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Wil liams, Wilson, Yates — 33. Nats — Messrs. BUckalew, CoWan, Davis, Gutlirie, Hap ricks, McDougaU, Nesmitli, Norton, Riddle, Saulsbury, Stock ton, Van Winkle— 12. March 9 — The bill being before the House, Mr. Eldridge moved that it lie on the table; which was disagreed to — yeas 32, nays 118, as follow : Yeas— Messrs. Ancona, Boyer, Brooks, Chanter, Coffivtii, Dawson, Denison, Eldridge, Glossbrenner, Goodyear, Gridtr, Aaron .Harding, Harris, Hogan, jidtoin N. Hubbell, Kerr, Le Blond, MarsliaU, Niblack, Nicholson, Radford, Ritler; Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Taber, Taylor, Thornton, TKmble, Winfield.— -32. Nats — Messrs. Alley; Allison, Ames, Anderson, D. It. Ash ley, James M. Ashley, Baker, Ealdwin, Banks, Baxter, Bea man, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Darling, Davis, DefrecB, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eliot, Farnsworth, Farquhar, Fer ry, Grinnell, Abner C. Hardmg, Hart, Hayes. Henderson, Higby, Hill, Holmes, Hooptr, Asahel W. Hubbard, ChesterD. Hubbard,, Demas Hubbard, jr., John H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham; Kuykendall, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston. Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moorhoad, Morrill, Moms, Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps.Pika, Plants, Price, Raymond, Alexander II. Rice, John H.Rice, Sawyer, Schenck, Scofleld, Shellabarger, Sloan. Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomafl,ir., Trowbridge, Upson, Van Aernam. Burl Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, Whaley, Williams, JamesF. Wilson, Stephen F. Wilton, Win- dom, Woodbridge. — 118. March 13 — The bill passed — yeas 111, nays38, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Dar ling. Davis, Dawes, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Qrkt- nell, Abner C. Harding, Hart, Hayes, Higby, Hill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hubbard, Dettra Hubbard, John H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuy kendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mc Ruer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Perham, Pike, Plants, Price, Alexander H. Rice, Sawyer, Schenck, isconeld,§hel- labarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Butt Van Horn, Ward, Warner, Ellihu B. Washburne, Wjl- li.imB. Washburn, Welker, Wentworth^Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Wood- bridge— 111. Nats— -Messrs. Anama, Btrgen,$iggtwca,Boym, Brookb VETOES AND VOTES. 81 Oqffroth, Ttawson, Denison, Glossbrenner, Goodyear, Grider, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Jones, Kerr, Latham, Le Blond, Marshall, McCullough, Nicholson, Phelps, Radford, Samuel J. Randall, William H. Randall, Rittcr, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Taber, Taylor, Thornton; Trimble, Winfield— 38. March 15 — The Senate concurred in the House amendments. March 27— The bill was vetoed. April 6 — The Senate passed the bill, notwith standing the objections of the President, by a vote of 33 yeas to 15 nays, as follow : Yeas — Messrs. Anthony, Bi-own, Chandler, Clark, Con- nesB, Cragiu, Creswell, Edmunds, Fessenden, Foster, Grimes, Harris, Henderson , Howard, Howe, Kirkwood, Lane of In diana, Morgan, Morrill, Nye, fc-oland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, 'Sumner, Trumbull, Wade, Wi^ey, Williams, Wilson, Yates— 33. Nats — Messrs. Buckalew, Cowan, Davis, Doolittle, Guth rie, Hendricks, Johnson, Lane of Kansas, McDougaU, Nes- mith, Norton, Riddle, Saulsbury, Vau Winkle, Wrighh-lo. April 9 — The House of Representatives again passed it — yeas 122, nays 41, as follow : Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwinv Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Boutwell, Brandegeo, Ero-'mwell, Broom- al), Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Colfax, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley, Egglestou, Kliot, Fjrnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold. Hale, Abner C. Harding,- Hart, Hayes, Hendorson, Higby, Hill, Holmes, Hooper, Hotohkiss. Asahel W. Hubbard, Chester D. Hubbard, John H. Hubbard. James li. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Kasson. Kelley, Kelso, Ketcham, Laflic, George V. Law rence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Mil ler, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paino, Patterson, Perham, Pike, Plants, Pom eroy, Price, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck. Scofield, , Shellabarget, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, j r., Trow bridge, Upson, Van Aernam, Burt Van Horn, Robert T, Van Horn, Ward, Ellihu B. Washburne, Henry D- Wash burn, William B. Washburn, Welkor, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.— -122. "Nats — Messrs. Ancona, Bergen, Boyer, Coffroth, Dawson, Denison, Eldridge, Pinck, Glossbrenner, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Latham, Le Blond, Marshall, McCullough, Niblaclc, Niclwlr son, Noell, Phelps, Radford. Samuel J. RandaU, William H. Randall, Raymond, Ritter, Rogers, Ross,. Rousseau, Shanklin, Sitgreavcs, Smith, Strouse, Taber, Taylor, T?iorn- lon, Trimble, Whaley, Winfield, Wright. — 41. Whereupon the Speaker of the House declared the bill a law. Veto of the Colorado Bill, Hay 15, 1866 To the Senate of the United States : I return to the Senate, in which house it vOriginated, the bill which has passed both Houses of Congress, entitled " An act for the admission of the State of Colorado into the Union," with my objections to its becoming a law at. this time. First. From the best information which I have been able to obtain, I do not consider the establishment of a State government at present necessary for the welfare of the people of Colo rado. Under the existing Territorial govern ment all the rights, privileges, and interests of the citizens are protected and secured. The qualified voters choose their own legislators and their own local officers, and are represented in Congress by a delegate of their own selection. They make and execute their own municipal laws, subject only to revision by Congress — an authority not likely to^be exercised, unless in extreme or extraordinary-cases. The population is small, some estimating it so low as twenty- five thousand, while advocates of the bill reckon the number at from thirty-five thousand to forty thousand souls. The people are princi pally recent settlers, many of whom are under stood to be ready for removal to other mining districts beyond the limits of the Territory, if circumstances shall render them more inviting. Such a population" cannot but find relief from excessive taxation if the territorial system, which devolves the expenses of the executive, legislative, and judicial departments upon the United States, is for the present continued. They cannot but find the security of person ano property increased by their reliance upon the national executive power for the maintenance of law and order against the disturbances neces sarily incident to all newly organized commu nities. Second. .It is not satisfactorily established that a majority of the citizens of Colorado de sire, or are prepared for an exchange of a terri torial for a State government. In September, 1864, under the authority of Congress, an election was lawfully appointed and held, for the purpose of ascertaining the views of the people upon this particular question. 6,192~votes were cast, and of this number a majority of 3,152 was given against the proposed change. In Sep tember, 1865, without any legal authority, the question was again presented to the people of the Territory, with a view of obtaining a recon sideration of the result of the election held in compliance with the act of Congress approved March 21, 1864. At this second election 5,905 votes were polled, and a majority of 155 was given in favor of a State organization.' It does not seem to me entirely safe to receive this, the last, mentioned result, so irregularly obtained, as sufficient to outweigh the one which had been legally obtained in the first election. Regular ity and conformity to law are essential to the preservation' of order and stable government, and should, as far as practicable, always be observed in the formation of new States. Third. The admission of Colorado, at this time, as a State into the federal Union, appears to me to be incompatible with the public inter ests of the country. While it is desirable that territories, when sufficiently matured, should be organized as States, yet the spirit of the Consti tution seems to require that there should be an approximation towards equality among the sev eral States comprising the Union. No State can have less or more than two Senators in Congress. The largest State has a population of four mil lions ; several of the States have a population exceeding two millions ; and many others have a population exceeding one million. A popula tion of 12.7,000 is the ratio of apportionment of representatives among the several States. If this bill should become a law, the people of Colorado, thirty thousand in number, would have in the House of Representatives one mem ber, while New York, with a population of four millions, has but thirty-one; Colorado would have in the electoral oollege three votes, while New York has only. thirty-three ; Colorado would have iii the Senate two votes, while New York has no more. Inequalities of this character have already occurred, but it is. believed that none have har> 82 POLITICAL MANUAL. pened where the inequality was so great. When such inequality has been allowed, Congress is supposed to have permitted it on the ground of some high public necessity, and under circum stances which promised that it would rapidly disappear through the growth and development of the newly admitted State. Thus, in regard to the several States in what was formerly called the " northwest territory," lying east of the Mis sissippi, their rapid advancement in popula tion rendered it certain that States admitted with only one or two representatives in Congress, would, in a very short period, be entitled to a great increase of representation. So, when Cali fornia was admitted on the ground of commer cial and political exigencies, it was well foreseen that that State was destined rapidly to become a great, prosperous, and important mining and commercial community. In the case of- Colo rado, I am not aware that any national exigency, either of a political or commercial nature, re quires a departure from the law of equality, which has been so generally adhered to in our history. If information submitted in connection with this bill is reliable, Colorado, instead of increas ing, has declined in population. At an election for members of a territorial legislature held in 1861, 10,530 votes were cast. At the election before mentioned, in 1864, the number of votes cast was 6,192; while at the irregular, election held in 1865, which is assumed as a basis for legislative action at this time, the aggregate of votes was 5,905. Sincerely anxious for the welfare and prosperity of every Territory and State, as well as for the prosperity and welfare of the whole Union, I regret this apparent- de- aline of population in Colorado ; but it is mani fest that it is due to emigration which is going on from that Territory into other regions within the United States, which either are in fact, or are believed by the inhabitants of Colorado to be, richer in mineral wealth and agricultural re sources. If, however, Colorado has not really declined in population, another census, or another election under the authority of Con gress, would place the question beyond doubt, and cause but little delay in the ultimate ad mission of the Territory as a State, if desired by the people. The tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the ena bling act which was passed by Congress on the 21st day of March, 1864. Although Congress then supposed that the condition of the Terri- 'tory was such as to warrant its admission as a State, the result of two years' experience shows that every reason which existed for the institu tion of a territorial instead of a State gov ernment in Colorado, at its first organization, still continues in force. " The condition of the Union at the present mo ment is calculated to inspire caution in regard to the admission of new States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress.- It is a common in terest of all the States, as well those repre sented as those unrepresented, that the integrity and harmony of the Union should be restored as completely as possible, so that all those who are expected to bear the burdens of the Federal Government Bhall be consulted concerning the admission of new States ; and that in the mean" time no new State shall. he prematurely and un necessarily admitted to a participation in the, political power which the Federal Government wields, not for the benefit of any individual. State or section, but for the common safety," welfare, and happiness of the whole country. j_ Andrew Johnson; '-'^ Washington, D. C, May 15, 1866. Copy of the Bill. An Act for the admission of the State of Colo rado into the Union. Whereas, on the twenty-first day of March,; anno Domini eighteen hundred and sixty-four, Congress passed an act to enable the people of Colorado to form a constitution and State gov ernment, and offered to admit said State, when so formed, into the Union upon compliance with. certain conditions therein specified; and whereas it appears by a message of the President of the United States, dated January twelve, eighteen hundred and sixty-six, that the said people have adopted a constitution, which upon due exami nation is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and' that they now ask for admission into the Union:, Be it enacted, &c. , That the constitution and" State government which the people of Colorado have formed for themselves be, and the same is hereby, ratified, accepted, and confirmed, and that the said State of Colorado shall be, and is hereby, declared to be one of the United States of Amer-~ ica, and is hereby admitted into the Union upon an equal footing with the original States, in all respects whatsoever. Sec. 2. And be it further enacted, That the said State of Colorado shall be, and is hereby,,' declared to be entitled to all the rights, privi leges, grants, and immunities, and to be subject to all the conditions and restrictions, of an act- entitled "An act to enable the people of Cokn rado to form a constitution and a State govern ment, and for the admission of such State into the Union on an equal footing with the original States," approved March twenty-first, eighteen hundred and sixty-four. The votes on this bill were : In Senate. March 13 — The bill was rejected — yeas 14, nays 21, as follow: Yeas— Messrs. Chandler, Cragin, Kirkwood, Lane of In- diana, Lane of Kansas, McDougaU, Neemith, Norton, Pom eroy, Ramsey, Sherman, Stewart Trumbull, Williams— 14. Nats — MosBrs. Buckalew. Conriess, Creswell, Dams, Doo little, Fessonden, Foster, Grimes, Guthrie, Harris, Hendricks, Morgan, Morrill, Poland, Riddle, Sprague, Stockton, Sum ner, Van Winkle, Wade, Wilson— 21. Mr. Wilson entered a motion to reconsider the vote. April 25 — The Senate voted to reconsider-; yeas 19, nays 13. (Same as below.) ¦ The bill was then passed— yeas 19, nays 13,' as follow : Tias— Messrs. Chandler, Clark, Oonness, Cragin, Ores- well, Howard, Howe, Kirkwood, Lane of Indiana, Ny», Pomeroy, Ramsey, Sherman, Sprague, Stewart, Trumbnli, Van Winkle, Willey, Wilson— 19. VOTES AND VETOES. 83 Hays — Messrs. Buclcaleu, Davis, Doolittle, Edmunds, Poster, Grimes, Guthrie, Hendricks, McDougaU, Morgan, Poland, Riddle, Sumner— 13. In House. May 3 — The bill was passed — yeas 81, nays 57, as follow : Teas — Messrs. Ames, Anderson, Delos R. Ashley, James Sfi... Ashley, Baker, Banks, Barker, Beaman, Benjamin, Bid- well, Bingham, Blow, Brandegee, Bromwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkliog Cullom, Defrees, Deming, Dixon, Dodge, Donnelly, Drijrgs, Dumont, Eckley, Farquhar, Ferry, Garfield, Grinnell. Abner C. Harding, Hart, Henderson, Holmes, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, James R. Hnbbell, -In gersoll, Jenckes, Kasson, Kelso, Ketcham, Laflin, Latham, 'George V. Lawrence, William Lawrence, Loan, Longyear, Marston, McClurg, MOKee, Mercur, Miller, Moorhead, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander H , Rice, Rollins, Sawyer, Schenck, Shellabarger, Smith, Spalding, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Warner, Welker, Whaley, Williams— 81. Nats — Messrs; Allison, Alley, Ancona, Baxter, Bergen, Blaine, Boutwell, Boyer, Broomall, Chanter, Coffroth, Dar ning, Dawson, Denison,, Eldridge, Eliot, Pinck, Glossbrenner, Grider, Griswold, Aaron Harding, Harris, Higby, James Humphrey, Julian, Kelley, Kuykendall, Le Blond, Lynch, Marshall, McCullough, McRuer, Morrill, Morris, Newell, Niblack, Paine, Perham, Pike, Raymond, John H. Rice, Bitter, Ross, Rousseau, Shanklin, Stevens, Stilwell, Strouse, Taylor, Thornton, Ellihu B. Washburne, Henry D. Wash burn, James F. Wilson, Windom, Winfield, Woodbridge, Wright— 57. ' Up to the time this page is put to press, no yOte has been taken on the re-passage of the vetoed bill. When taken, it will be inserted in a subsequent page. Message Bespecting the Proposed Constitutional Amendment on Representation, &c, June 22, 1866. Wo the Senate and House of Representatives .- I submit to Congress a report of the Secretary ©f State, to whom was referred the concurrent (resolution of the 18th instant,* respecting a eubmission to the legislatures of the States of &n additional article to the Constitution of the United States. It will be seen from this report that the Sec retary of State had, on the 16th instant, trans mitted to the .Governors of the several States certified copies of the joint resolution passed on the 13th1 instant, proposing an amendment to the Constitution. Even ii ordinary times any question of amending the Constitution must be justly re garded as of paramount importance. This im portance is at the present time enhanced by the fact that the joint resolution was not submitted !by the two -Houses for the approval of the Presi dent, and that of the thirty-six States which constitute the Union eleven are excluded from representation in either House of Congress, although, with the single exception of Texas, they have been entirely restored to all their functions as States, in conformity with the or ganic law of the land, and have appeared at the national capital by Senators and Representa tives, who have applied for and have been re fused admission .to the vacant seats. * This resolution passed Ifoo House under a suspension of the rules, which was agreea to, yeas 92, nays 25, (the latter all Democrats,) by a vote of yeas 87, nays 20, on a count by tellers. It pasBed the Senate same day without a division ; and is a copy of a Concurrent resolution passed in 1864, requesting President Lincoln to submit the anti-slavery amendment, changed only as to the phraseology descrip tive of the amendment. ' Nor have the sovereign people of the nation been afforded an opportunity of expressing their views upon the important questions which the amendment involves. Grave doubts therefore may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of the pepple, and whether State legislatures, elected without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment. Waiving the question as to the constitutional validity of the proceedings of Congress upon the joint resolution proposing the amendment, or as to the merits of the article which it sub mits through the executive department to the legislatures of the States, I deem it proper to observe that the steps taken by the Secretary of State, as detailed in the accompanying report, are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recommendation of the amendment to the State legislatures or to the people. On the contrary, a proper appreciation of the letter and spirit of the Constitution," as well as of the interests of national order, harmony, and union, and a due deference for an enlight ened public judgment, may at this time well sug gest a doubt whether any amendment to the Constitution ought to be proposed by Congress and pressed upon the legislatures of the several States for final decision until after the admis sion of suoh loyal Senators and Representatives of the now unrepresented States as have been, or may hereafter be, chosen in conformity with- the Constitution and laws of the United States. Andbew JonNSON. Washington, D. C, June 22, 1866. To the President. The Secretary of State, to whom was referred the concurrent resolution of the two Houses of Congress of the 18th instant, in the following words : ¦' That the President of the United States he requested to transmit forthwith to the execu tives of the several States of the United States copies of the article of amendment proposed by Congress to the State legislatures to amend the Constitution of the United States, passed June 13, 1866, respecting citizenship, the basis of rep resentation, disqualification for office, and valid ity of the public debt of the United States, &c, to the end that the said States may proceed to act upon the said article of amendment, and that he request the executive of each State that may ratify said amendment to transmit to the Secre tary of State a certified copy of such ratification," has the honor to submit the following report, namely : That on the 16th instant the Hon. Amasa Cobb, of the Committee of the House of Representatives on Enrolled Bills, brought to this Department and deposited therein an en rolled resolution of the two Houses of Congress, which was thereupon received by the Secretary of State and deposited among the rolls of the Department, a copy of which ia hereunto an- 84 POLITICAL MANTJAL. nexed. Thereupon the Secretary of State, upon the 16th instaEt, m conformity with the pro ceeding which was adopted by him in 1865, in regard to the then proposed and afterwards adopted congressional amendment of the Consti tution of the United States concerning the pro hibition of slavery, transmitted certified copies of the annexed resolution to the Governors of the several States, together with a certificate and circular letter. A copy of both of these com munications are hereunto annexed. Respectfully submitted, William H. Sewaed. Department of State, June 20, 1866. [Circular^ Department of State, June 16, 1866, To his Excellency , Governor of the State of Sir : I have 'the honor to transmit an attested copy of a resolution of Congress, proposing 'to the legislatures of the several States a fourteenth article to the Constitution of the United States. The decisions of the several legislatures upon the subject are required by law to be communicated to this Department. An acknowledgment of ths receipt of this communication is requested by- Your excellency's most obedient servant, William H. Seward. VII. MAJORITY AND MINORITY REPORTS JOINT COMMITTEE ON EECONSTKUGTION. The Majority Report. June 18, 1866 — Mr. Fessenden in the Senate, and Mr. Stevens in the House, submitted this The Joint Committee cf the two Souses of Con gress, appointed under the concurrent resolution of December 13, 1865, with direction to " in quire into the condition of the States which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either House of Congress, with leave to report by bill or otherwise," ask leave to report: That they have attended to the duty assigned them as assiduously as other duties would per mit, and now submit to Congress, as the result of their deliberations, a resolution proposing amendments to the Constitution, and two bills, of which they recommend the adoption. Before proceeding to set forth in detail their reasons for the conclusion to which, after great deliberation, your committee have arrived, they beg leave to advert, briefly, to the course of proceedings they found it necessary to adopt, and to explain the reasons therefor. The resolution under which your committee was appointed directed them to inquire into the condition of the Confederate States, and report whether they were entitled to representation in Congress. It is obvious that such an investiga tion, covering so large an extent of territory and involving s® many important considerations, must necessarily require no trifling labor, and consume a very considerable amount of time. It must embrace the condition in which those States were left at the close of the war ; the measures which have been taken towards the reorganization of civil government, and the dis position of the people towards the United States ; in a word, their fitness to take an active part in the administration .of national affairs. As to their condition at the close of the rebffl- lion, the evidence is open to all, and admits, of no dispute. They were in a state of utter- ex haustion. Having protracted their struggle against federal authority until all hope of suc cessful resistance had ceased, and! laid down their arms only because there was no lpnger any power to use them, the people of those Stajk were left bankrupt in their public finances,, and shorn of the private wealth which had before given them power and influence. They were also necessarily in a state of complete anarchy, without governments and without the power to frame governments except by the permission of those who had been successful in the war. The President of the United States, in the proclama- ¦ tions under which he appointed provisional gov ernors, and in his various communication^, to them, has, in exact terms, recognized the fact that the people of those States were, when the rebellion was crushed, "deprived of all. civil government," and must proceed to organize anew. In his conversation with Mr. Stearns,»f Massachusetts, certified by himself, President Johnson said " the State institutions are pros trated, laid out on the ground, and they must be taken up and adapted to the progress of events/ Finding the Southern States in this condit|ta, and Congress having failed to provide for tho contingency, his duty was obvious. As Presi dent of the United States he had no power, ex- REPORTS ON RECONSTRUCTION. 85 cept to execute the laws of the- land as Chief Magistrate. These laws gave him no authority over the subject of reorganization; but by the Constitution he was commander-in-chief of "the army and navy of the United States. These Confederate States embraced a portion of the people of the Union who had been in a state of revolt, but had been reduced to obedience by force of arms. They were in an abnormal con dition, without civil government, without com mercial connections, without national or inter national relations, and subject only to martial law. By withdrawing their representatives in Congress, by renouncing the privilege of repre sentation, by organizing a separate government, and bv levying war against the United States, they destroyed^ their State constitutions in res pect to the vital principle which connected their respective States with the Union and secured their federal relations ; and nothing of those constitutions was left of which the United States were bound to take notice. For four years they had a defaato government, but it was usurped ¦and illegal. They chose the tribunal of arms wherein to decide whether or not it should be -legalized, and they were defeated. At the close of the rebellion, therefore, the people of the re bellious States were found, as the President ex presses it, "deprived of aU civU government." Under this state of affairs it was plainly the duty of the President to enforce existing national laws, and to establish, as far as he could, such a system of government as might be provided for by existing national statutes. As commander- in-chief of a victorious army, it was his duty, under the law of nations and the army regula tions, to restore order;*to preserve property, and to protect the people against violence from any quarter until provision should be made by law for their government. He might, as President, assemble Congress and submit the whole matter to the law-making power ; or he might continue military supervision and control until Congress should assemble on its regular appointed day. Selecting the latter alternative, he proceeded, by virtue of his power as commander-in-chief, to appoint provisional governors over the revolted States. These were regularly commissioned, and their compensation was paid, as the Secretary of War states, "from the appropriation for army contingencies, because the duties performed by the parties were regarded as of a temporary character; ancillary to the withdrawal of mili tary force, the disbandment of armies, and the reduction of military expenditure; by provis ional organizations for the protection of civil rights, the preservation of peace, and to take the place of armed force in the respective States." It cannot, we think, be contended that these governors possessed, or could exercise, any but military authority. They had no power to or ganize civil governments, nor to exercise any authority except that which inhered in their own persons under their commissions. Neither had the President, as commander-in-chief, any other than military power. But he was in ex clusive possession of the military authority. It was for him to decide how far he would exercise it, how far he would relax it, when and on what terms he would withdraw it. He might prop erly permit the people to assemble, and to initi ate local governments, and to execute such local laws as they might choose \o frame not incon sistent with, nor in opposition to, the laws of the United States. And, if satisfied that they might safely be left to themselves, he might withdraw the military forces altogether, and leave the people of any or all of these States to govern themselves without his interference. In the language of the Secretary of State, in his telegram to the provisional governor of Georgia, dated October 28, 1865, he might " recognize the people of any State as having resumed the rela tions of loyalty to the Union," and act in hi3 military capacity on this hypothesis. All this was within his own discretion, as military com mander. But it was not for him to decide upon the nature or effect of any system of government which the people of these States might see fit to adopt. This power is lodged by the Constitution in the Congress of the United States, that branch of the government in which is vested the au thority to fix the political relations of the States to the Union, whose duty is to guarantee to each State a republican form of government, and to protect each and all of them against foreign or domestic violence, and against each other. We cannot, therefore, regard the various acts of the President in relation to the formation of local governments in the insurrectionary States, and the conditions imposed by him upon their action, in any other light than as intimations to the people that, as commander-in-chief of the army, he would consent to withdraw military rule just in proportion as they should, by their acts, manifest a disposition to preserve order among themselves, establish governments denoting loy alty to the Union , and exhibit a settled determina tion to return to their allegiance, leaving with the law-making power to fix the terms of their final restoration to all their rights and privileges as States of the Union. That this was the view of his power taken by the President is evident from expressions to that effect in the communications of the Secretary of State to the various provis ional governors, and the repeated declarations of the President himself, Any other supposition inconsistent with this would impute to the Presi dent designs of encroachment upon a co-ordinate branch of the government, which should not be lightly attributed to the Chief Magistrate of the nation. When Congress assembled in December last the people of most of the States lately in rebel lion had, under the advice of the President, or ganized local governments, and some of them had acceded to the terms proposed by him. In his annual message he stated, in general terms, what had been done, but he did not see fit to commuiiieate the details for the information of Congress. While in this and in 'a subsequent message the President urged the speedy restora tion of these States, and expressed the opinion that their condition was such as to justify their restoration, yet it is quite obvious that Con gress must either have acted blindly on that opinion of the President, or proceeded to obtain 1 the information requisite for intelligent action on the subject. The impropriety of proceeding wholly on the judgment of any one man, how- 86 POLITICAL MANUAL. ever exalted Mb station, in a matter involving the welfare of the republic in all future time, or of aaopting any pla"n, coming from any source, without fully understanding all its bearings and comprehending its full effect, was apparent. The first step, therefore, was to obtain the required information. A call was accordingly made on the President for the information in his posses sion as to what had been done, in order that CongresB might judge for itself as to the grounds of the belief expressed by him in the fitness of States recently in rebellion to participate fully in the conduct of n ational affairs. This informa tion was not immediately communicated. When the response was finally made, some six weeks after your committee had been in actual session, it was found that the evidence upon which the President seemed to have based his suggestions was incomplete and unsatisfactory. Authenti cated copies of the new constitutions and ordi nances adopted by the conventions in three of the States had been submitted, extracts from newspapers furnished scanty information as to the action of one other State, and nothing ap pears to have been communicated as to the re mainder. There was no evidence of the loyalty of those who had participated in these conven tions, and in one State alone was any proposi tion made to submit the action of the conven tions to the final judgment of the people. Failing to obtain the desired information, and left to grope for light wherever it might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to re store the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and juris diction. This conclusion derived still greater force from the fact, undisputed, that in all these States, except Tennessee and perhaps Arkansas, the elections which were held for State officers and members of Congress had resulted, almost universally, in the defeat1 of candidates who had been true to the Union, and in the election oi notorious and unpardoned rebels, men who could not take the ^prescribed oath of office, and who made no secret of their hostility to the Govern ment and the people of the United States. Un der these circumstances, anything like hasty ac tion would have been as dangerous as it was obviously unwise. It appeared to your com mittee that but one course remained, viz : to in vestigate carefully and thoroughly the state of feeling and opinion existing among the people of these States; to ascertain how far their pre tended loyalty could be relied upon, and thence to infer whether it would be safe to admit them at once to a fuli participation in the Govern ment they had fought for four years to destroy. It was an equally important inquiry whether their restoration to their former relations with the United States should only be granted upon certain conditions and guarantees which would effectually secure the nation against a recur rence of evils so disastrous as those from which it had escaped at so enormous a sacrifice. To obtain the necessary information recourse could only be had to the examination of wit nesses whose position had given them the best means of forming an accurate judgment, who could state facts from their own observation, and whose character and standing afforded the best evidence of their truthfulness and impartiality. A work like this, covering so large an extent of territory, and embracing such complicated, and extensive inquiries, necessarily required much time and labor. To shorten the time as much as possible, the work was divided and placed in the hands of four sub-committees, who have been diligently employed in its accomplishment. The results of their labors have been heretofore submitted, and the country will judge how far they sustain the President's views, and how fai they justify the conclusions to which your com mittee have finally arrived. A claim for the immediate admission of Sena tors and Representatives from the so-called Con federate States has been urged, which seems to your committee not to be- founded either in rea son or in law, and which cannot be stitution, it will be observed, does not act upon States, as such, but upon the people; while, therefore, the people cannot escape its authority, the States may, through the act of their people, cease to exist in an organized form, and thus dissolve their political relations with the United That taxation should be only with the consent of the taxed, through their own representatives, is a cardinal principle of all free governments ; but it is not true that taxation and representa tion must go together under all circumstances, and at every moment of time. The people of the District of Columbia and of the Territories are taxed, although not represented in Congress. If it is true that the people of the so-called Confed- rate States had no right to throw off the au thority of the United States, it is equally true that they are bound at all times to share the burdens of government. They cannot, either le gally or equitably, refuse to bear their just pro portion of these burdens by voluntarily abdi cating their rights and privileges as States of the Union, and refusing to be represented in the councils of the nation, much less by rebellion against national authority and levying war. To hold that by so doing they could escape tax ation would be to offer a premium for insurrec tion, to reward instead of punishing for treason. To hold that as soon as government is restored to its full authority it can be allowed no time to secure itself against similar wrongs in the fu ture, or else omit the ordinary exercise of its constitutional power to compel equal contribn tion from all towards the expenses of g' vein- 88 POLITICAL MANUAL. ment, would be unreasonable in itself and unjust to the nation. It is sufficient to reply that the loss of representation by the people of the insurrectionary States was their own voluntary choice. They might abandon their privileges, but they could n6t escape their obligations ; and surely they have no right to complain if, before resuming those privileges, and while the people of the United States are devising measures for the public safety, rendered necessary by the act of those who thus disfranchised them selves, they are compelled to contribute their just proportion of the general burden of taxa tion incurred by their wickedness and folly. Equally absurd is the pretense that the legis lative authority of the nation must he inopera tive so far as they are concerned, while they, by their own act, have loBt the right to take part in it. Such a proposition carries its own refu tation on its face. . While thus exposing fallacies which, as your committee believe, are resorted to for the purpose of misleading the people and distracting their at tention from the questions at issue, we freely admit that such a condition of things should be brought, if possible, to a speedy termination. It is most desirable that the Union of all the States should become perfect at the earliest mo ment consistent with the peace and welfare of the nation ; that all these States should become fully represented in the national councils, and take their share in the legislation of the coun try. The possession and exercise of more than its just share of power by any section is inju rious, as well to that section as to all others. ¦ Its tendency is distracting and demoralizing, and such a state of affairs is only to be tolerated on the ground of a necessary regard to the public safety. As soon as that safety is secured it should terminate. Your committee came to the consideration of the subject referred to them with the most anxious desire to ascertain what was the condi tio,! of the people of the States recently in in surrection, and what, if anything, was necessary to be done before restoring them to the full en joyment of all their original privileges. It was undeniable that the war into which they had plui.ged the country had materially changed their relations to the people of the loyal States. Slavury had been abolished by constitutional amendment. A large proportion of the popu late 1 had become, instead of mere chattels, free men and citizens. Through all the past struggle these had remained true and loyal, and had, in large numbers, fought on the side of the Union. It was impossible to abandon them without securing them their rights as free men and citizens. The whole civilized world would have cried out against such' base ingratitude, and the bare idea is offensive to all right-think ing men. Hence it became important to inquire what could be done to secure their rights, civil and pol itical. It was evident to your committee that adequate security could only be found in appropriate constitutional provisions. By an original provision of the Constitution, represen tation is based on the whole number of free persons in each State, and three-fifths of all other persona. Wli3n all become free, represen tation for all necessarily follows. As a conse quence the inevitable effect of the rebellion would be to increase the political power of the insurrectionary States, whenever they should be allowed to resume their positions as States of the Union. As representation is by the Consti,-1 tution based upon population, your committee did not think it advisable to recommend a change of that basis. The increase of represen tation necessarily resulting from the abolition' of slavery was considered the most important element in the questions arising out of they. changed condition of affairs, and the necessity for some fundamental action in this regard' seemed imperative. It appeared to your com mittee that the rights of these persons by whonr' the basis of representation had been thus in creased should be . recognized by the General Government. While slaves, they were not con-' sidered as having any rights, civil or political. It did not seem just or proper that all tne politi cal advantages derived from their becoming free should be confined to their former masters, who had fought against the Union, and withheld from themselves, who had always been loyal. Slavery, by building up a ruling and dominant' class, had produced a spirit of oligarchy adverse to republican institutions, which finally inaugu rated civil war. The tendency of continuing • the domination of such a class, by leaving it in the exclusive possession of political power, would- be to encourage the same spirit, and lead to a similar result. Doubts were entertained whether Congress had power, even under the amended Constitution, to prescribe the qualifications of Voters in a State, or could act directly on the subject. It was doubtful, in the opinion of your committee, whether the States would consent to surrender a power they had always exercised, and to which they were attached. As the best, if not the only, method of surmounting the diffi culty, and as eminently just and proper in itself, your committee came to the conclusion that po litical power should be possessed in all the States" exactly in proportion as the right of suffrage".1 should be granted, without distinction of color' or race. This it was thought would leave the' whole question with the people of each State, holding out to all the advantage of increased political power as an inducement to allow all to participate in its exercise. Such a provision would be in its nature gentle and persuasive, and would lead, it was hoped, at no distant day, to an equal participation of all, without distinc tion, in all the rights and privileges of citizen ship, thus affording a full and adequate protec tion to all classes of citizens, since all would ^ have, through the ballot-box, the power of self- protection. Holding these views, your committee prepared an amendment to the Constitution to carry out'. this idea, and submitted the same to Congress. Unfortunately, as we think, it did not receive the necessary constitutional support in the Sen ate, and therefore could not be proposed for adoption by the States. The principle involved in that amendment is, however, believed to be sound, and your committee have again proposed'1 it in another form, hoping that it may receive' the approbation of Congress. REPORTS ON RECONSTRUCIION. 89 Your committee have been unable to find, in the evidence submitted to Congress by the Presi dent, under date of March 6, 1866, in compliance with the resolutions of January 5 and February 27, 1866, any satisfactory proof that either of the insurrectionary States, except, perhaps, the State of Tennessee, has placed itself in a condi tio^ to resume its political relations to the Union. The first steto towards that end would necesp arily be the establishment of a republican form of government by the people. It has been before remarked that the provisional governors, appointed by the President in the exercise of, his military authority, could do nothing by virtue of the power thus conferred towards the estab lishment of a State government. They were acting under the War Department and paid out of its funds. They were simply bridging over the chasm between rebellion and restoration. And yet we find them calling conventions and convening legislatures. Not only this, but we find the conventions and legislatures thus con vened acting under executive direction as to the provisions required to be adopted in their con stitutions and ordinances as conditions precedent to their recognition by the President. The in ducement held out by the President for com pliance with the conditions imposed was, directly in one instance, and presumably, therefore, in others, the immediate admission of Senators and Representatives to Cohgre'ss. The character of the conventions and legislatures thus assembled was not such as to inspire confidence in the good faith of their members. Governor Perry, of South Carolina, dissolved the convention assem bled in that State before the suggestion had reached Columbia from Washington that the rebel war debt should be repudiated, and gave as his reason that it was a " revolutionary body." There is no. evidence of the loyalty or disloyalty Of the members of those conventions and legis latures except the fact of pardons being asked for on their account. Some of these States now claiming representation refused to adopt the Conditions imposed. No reliable information is found in these papers as to the constitutional provisions of several of these States, while in not one of them iB there the slightest evidence to show that these "amended constitutions," as they are called, have ever been Submitted to the people for their adoption. In North Carolina alone an ordinance was passed to that effect, but itdoesnot appear to have been acted on. Not one of tbem, therefore, has been ratified. Whether, with President Johnson, we adopt the theory that the old constitutions were abrogated and destroyed, and the people " deprived of all civil government," or whether we adopt the alterna tive doctrine that they were only suspended and were revived by the suppression of the rebel lion . the new provisions must be considered as equally destitute of validity before adoption by the people. If the conventions were called for the sole purpose of putting the State government into operation, they had no power either to adopt a hew constitution or to amend an old one with out the consent of the people. Nor could either a convention or a legislature change the funda mental law without power previously conferred. In the view of your committee, it follows, there fore, that the people of a State where the con- stitutio*i has been thus amended might feel them selves justified in repudiating altogether all such unauthorized assumptions of power, and might be expected to do so at pleasure. So far as the disposition of the people of the insurrectionary States, and the probability of their adopting measures conforming to the changed condition of affairs, can be inferred from the papers submitted by the President as the basis of his action, the prospects are far from encouraging. It appears quite clear that the anti-slavery amendments, both to the State and Federal Constitutions, were adopted with reluc tance by the bodies which did adopt them, while in some States they have been either passed by in silence or rejected. The language' of all tne provisions and ordinances of these States, on the subject amounts to nothing more than an un willing admission of an unwelcome truth. As to the ordinance of secession, it is, in some cases, declared " null and void," and in others simply "repealed-;" and in no instance is a refutation of this deadlj heresy considered worthy of a place in the new constitution. If, as the President assumes, these insurrec tionary States were, at the close of the war, wholly without State governments, it would seem that, before being admitted to participation in the direction of public affairs, such governments should be regularly organized. Long usage has established, and numerous statutes have pointed out, the mode in which this should be done, A convention to frame a form of govern ment should be assembled under competent au thority. Ordinarily, this authority emanates from Congress ; but, under the peculiar circum stances, your committee is not disposed to criti cise the President's action in assuming the power exercisedbyhimin thisregard. Theconvention, when assembled, should frame a constitution of government, which should be submitted, to the people for adoption. If adopted, a legislature should be convened to pass the laws necessary to carry it into effect. When a State thus or ganized claims representation in Congress, the election of representatives should be provided for by law, in accordance with the laws of Con gress regulating representation, and the proof that the action taken has been in conformity tc law should be submitted to Congress. In no case have these essential preliminary steps been taken. The conventions assembled seem to have assumed that the constitutions which had been repudiated and overthrown were still in existence, and operative to constitute the States members of the Union, and to have contented themselves with such amendments as they were informed were requisite in order tc insure their return to an immediate participation in the Government of the United States. Nof waiting to ascertain whether the people they represented would adopt even the , proposed amendments, they at once ordered elections of representatives to Congress, in ^ nearly all in stances before an executive had been chosen to' issue writs of election under the State laws, and such elections as were held were ordered by the conventions. In one instance, at least, the writs of election were signed by the provisional gov- 90 POLITIQA1 MANUAL. ernor. Glaring irregularities and unwarranted assumptions of power are manifest in several cases, particularly in South Carolina, where the 3onvention, although disbanded by the pro visional governor on the ground that it was a "evolutionary body, assumed to redistrict the State. It is quite evident from all these facts, and indeed from the whole mass of testimony sub mitted by the President to the Senate, that in no instance was regard paid to any other con sideration than obtaining immediate admission to Congress, under the barren form of an election in which no precautions were taken to secure regularity of proceedings or the assent of Ihe people. No constitutionhas been legally adopted except, perhaps, in the State of Tennessee, aad Buch elections as have been held were without- authority of law. Your committee are accord ingly forced to the conclusion that the States referred to have not placed themselves in a con dition to claim representation in Congress, unless all the rules which have, since the foundation of the Government, been deemed essential in such cases should be disregarded. It would undoubtedly be competent for Con gress to waive all formalities and to admit these Confederate States to representation at once, trusting that time and experience would set all things right. Whether it would be advisable to do so, however, must depend upon other con siderations of which it remains to treat. But it may well be observed, that the inducements to such a step should be of the very highest char acter. It seems to your committee not unreason able to require satisfactory evidence that the ordinances and constitutional provisions which the President deemed essential in the first in stance will be permanently adhered to by the people of the States seeking restoration, after being admitted to full participation in the government, and will not be repudiated when that object shall have been accomplished. And here the burden of proof rests upon the late insurgents who are seeking ' restoration to the rights and privileges which they willingly aban doned, and not upon the people of the United States who have never undertaken, directly or indirectly, to deprive them thereof. It should appear affirmatively that they are prepared and disposed in good faith to accept the results of the war, to abandon their hostility to the Gov ernment, and to live in peace and amity with the people of the loyal States, extending to all classes of 'citizens equal rights and privileges, and conforming to the republican idea of liberty and equality. They should exhibit in their acts something more than an unwilling submission to an unavoidable necessity — a feeling, if not cheerful, certainly not offensive and defiant. And they should evince an entire repudiation of all hostility to the General Government, by an acceptance of such just and reasonable con ditions as that Government Bhould think the public safety demands. Has this been done ? Let us look at the facts shown by the evidence taken by the committee. Hardly is the war closed before the people of these insurrectionary States come forward and haughtily ciaivn, as a right, the privilege of par ticipating at once in that fcrovernment which they had for four years been fighting to over throw. Allowed and encouragedhy the Execu tive to organize State governments, they at once placed in power leading rebels, unrepentant and unpardoned, excluding with contempt those who had manifested an attachment to the Union, and preferring, in many instances, those who had rendered themselves the most obnoxious. In the face of the law requiring' an oath which would necessarily exclude all such men from 'federal offices, they elect, with very few excep tions, as Senators and Representatives in t on- gres's men who had actively participated in the rebellion, insultingly denouncing the law as un- constitutional. It is only necessary to instance the election to the Senate of the late vice presi dent of the Confederacy, a man who, against his own declared convictions, had lent all the weight of his acknowledged ability and of his influence as a most prominent public man to the cause of the rebellion, and who, unpardoned rebel as he is, with that oath staring him in the face, had the assurance to lay his credentials on the table of the Senate. Other rebels of scarcely less note or notoriety were selected from other quarters. Professing no repentance, glorying apparently in the crime they had committed, avowing still, as the uncontradicted testimony of Mr. Stephens ¦and many others proves, an adherence to the pernicious doctrine of secession, and declaring that they yielded only to necessity, they insist, with unanimous voice, upon their rights as States, and proclaim that they will submit to no con ditions whatever as preliminary to their re sumption of power under that Constitution which they still claim the right to repudiate. Examining the evidence taken by your com mittee still further, in connection with facts too notorious to be disputed, it appears that the southern press, with few exceptions, and those mostly of newspapers recently established by northern men, abound with weekly and daily abuse of the institutions and people of the loyal States ; defends the men who led, and the princi ples which incited, the rebellion ; denounces and reviles southern men who adhered to the Union; and strives, constantly and unscrupulously, by every means in its power, to keep alive the fire of hate and discord between the sections ; calling' upon the President to violate his oath of office, overturn the Government by force of arms, and drive the representatives of the people from their seats in Congress. The national banner is openly insulted, and the national airs scoffed at, not only by an ignorant populace, but at public meetings, and once, among other notable in stances, at a dinner given in honor of a notorious rebel who had violated his oath and abandoned his flag. The same individual is elected to an important office in the leading city of his State, although an unpardoned rebel, and eb offensive that the President refuses to allow him to enter upon his official duties. In another State tho leading genoral of the rebel armies is openly nominated for governor by the speaker of tho house of delegates, and the nomination is hailed by the people with shouts of satisfaction, and openly indorsed by the press. Looking still further at the evidence taken REPORTS ON RECONSTRUCTION. 81 -by your -committee, it is found to be clearly -¦shown, by witnesses of the highest character, and having the best means of observation, that the Freedmen's Bureau, instituted for the relief and protection of freedmen and refugees, is almost universally opposed by the mass of the population, and exists in an efficient condition only under military protection, while the Union men of the South are earnest in its defence, declaring with one voice that without its pro tection the colored people would not be permit ted to labor at fair prices, and could hardly live in safety. They also testify that without the protection of United States troops Union men, whether of northern or southern origin, would be obliged to abandon their homes. The feeling in many portions of the country towards the emancipated slaves, especially among the uned- ncated and ignorant, is one of vindictive and malicious hatred. This deep-seated prejudice against color is assiduously cultivated by the public journals, and leads to acts of cruelty, oppression, and murder, which the local author ities are at no pains to prevent or punish. There is no general disposition to place the colored race, constituting at least two fifths of the popu lation, upon terms even of civil equality. While many instances may be found where large planters and men of the better class accept the situation, and honestly strive to bring about a better order of things, by employing the freed men at fair wages and treating them kindly, the general feeling and disposition among all classes are yet totally averse to the toleration of any class of people friendly to the Union, be they white or black ; and this aversion is not unfrequently manifested in an insulting and offensive manner. The witnesses examined as to the willingness. of the people of the South to contribute, under existing laws, to the payment of the national debt, prove that the taxes levied by the United States will be paid only on compulsion and with great reluctance, while there prevails, to a considerable extent, an expectation that com pensation will be made for slaves emancipated and property destroyed during the war. The testimony on this point comes from officers of the Union army, officers of the late rebel army, Union men of the Southern States, and avowed secessionists, almost all of whom state that, in their opinion, the people of the rebellious States would, if they should see a prospect of success, repudiate the national debt. While there is scarcely any hope or desire among leading men to renew the attempt at secession at any future time, there is still, ac cording to a large number of witnesses, includ ing A. H. Stephens, who may be regarded as good authority on that point, a generally pre vailing opinion which defends, the legal right of secession, and upholds the doctrine that the first allegiance of the people is due to the States, and not to the United States. This belief evi dently prevails among leading and prominent men as well as among the masses everywhere, except in some of the northern counties of Ala bama and the eastern counties of Tennessee. The evidence of an intense hostility to the Federal Union, and an equally intense love of the late Confederacy, nurtured by the war, is de cisive. While it appears that near]/ all are willing to submit, at least for the time, being, to the federal authority.it is equally cl-jar that the ruling motive is a desire to obtain the advanta ges which will be derived from a representation in Congress. Officers of the Union army on duty, and northern men who go South to en gage in business, are generally detested and pro scribed. Southern men who adhered to the Union are bitterly hated and relentlessly perse cuted. In some localities prosecutions have been instituted in' State courts against Union officers for acts done in the line of official duty, and similar prosecutions are threatened else where as soon as the United States troops are removed. All such demonstrations show a state of feeling against which it is unmistakably ne cessary to guard. The testimony is conclusive that after the col lapse of the Confederacy the feeling of the ] eople of the rebellious States was that of abje«, sub mission. Having appealed to the triLunal of arms, they had no hope except that by the magnanimity of their conquerors their lives, and possibly their property, might be preseived Unfortunately, the general issue of pardons to persons who had been prominent in the rebel lion, and the feeling of kindness and conciliation manifested by the Executive, and very gene rally indicated through the northern press, had the effect to render whole communities forgetful of the crime they had committed, defiant towards the Federal Government, and regardless of their duties as citizens. The conciliatory measures of the Government do not seem to have been met even half way. The bitterness and defiance ex hibited toward the United Slates under such cir cumstances is without a parallel in the history of the world. In return for our leniency we receive only an insulting denial of our author ity. . In return for our hind desire for the re sumption of fraternal relations we receive onlj' an insolent assumption of rights and privileges long since forfeited. The crime we have pun- ' ished is paraded as a virtue, and the principles of republican government which we have vindi cated at so terrible cost are denounced as unjust and oppressive. If we add to this evidence the fact that, al though peace has been declared by the Presi dent, he has not, to this day, deemed it safe U restore the writ of habeas corpus, to relieve th? insurrectionary States of martial law, nor to withdraw the troops from many localities, and that the commanding general deems an increas9 of the army indispensable to the preservation of order and the protection of loyal and well- disposed people in the South, the proof of a condition of feeling hostile to the Union and dangerous to the Government throughout the insurrectionary States would seem to be over whelming. With such evidence before them, it is th« opinion of your committee — I. That the States lately in rebellion were, at the close of the war, disorganized communi ties, without civil government, and without con stitutions or other forms, by virtue of which political relations could legally exist between them and the Federal Government. II. That Congress cannot be expected to re- 92 POLITICAL MANUAL. cognize as valid the election of representatives lrom disorganized communities, which, from the very nature of the case, were unable to present their claim to representation under those estab lished and recognized rules, the observance of which has beenhitherto required. III. That Congress would not be justified in admitting such communities to a participation in the government of the country without first providing such constitutional or other guaran tees as will tend to secure the civil rights of all citizens of the Republic ; a just equality, of rep resentation; protection against claims founded in rebellion and crime'; a temporary restoration of the right of suffrage to those who have not actively participated in the efforts to destroy the Union and overthrow the Government ; and the exclusion from positions of public trust of at least a portion of those whose crimes have proved them to be enemies to the Union, and unworthy of public confidence. Your committee will, perhaps, hardly be deemed excusable for extending this report further; but inasmuch as immediate and unconditional representation of the States lately in rebellion is demanded as a matter of right, and delay, and even hesitation, is denounced as grossly oppres sive and unjust, as well as unwise and impolitic, it may not be amiss again to call attention to a few undisputed and notorious facts, and the principles of public law applicable thereto, in order that the propriety- of that claim may be fully considered and well understood. The State of Tennessee occupies a position distinct from all the other insurrectionary States, and has been the subject of a separate report, which your committee have not thought it expe dient to disturb. Whether Congress Bhall see fit to make that State the subject of separate action, or to include it in the same category with all others, so far as concerns the imposition of preliminary conditions, it is not within the province of this committee either to determine or advise. To ascertain whether any of the so-called Confederate States " are entitled to be repre sented iu either House of Congress," the essen tial inquiry is, whether there is, in any one of them, a constituency qualified to be represented in Congress. The question how far persons claiming seats in either House possess the cre dentials necessary to enable them to represent a duly qualified constituency is one for the con sideration of each House separately, after the preliminary question shall have been finally determined. We now propose to re-state, as briefly as possible, the general facts and principles appli cable to all the States recently in rebellion. First. The seats of the senators and repre sentatives from the so-called Confederate States became vacant in the year 1861, during the second session of the Thirty-sixth Congress, by the voluntary withdrawal of their incumbents, with the sanction and by direction of the legislatures or conventions of their respective States. This was done as a hostile act against the Constitution and Government of the United States, with a de clared intent to overthrow the same by forming a southern confederation. This act of declared hostility was speedily followed by an organiza tion of the same States into a confederacy, whioh levied and waged war, by sea and land, against the United States. This war continued more than four years, within which period the rebel armies besieged the national capital, invadedthe loyal States, burned their towns and cities, rob bed their citizens, destroyed more than 250,000 loyal soldiers, and imposed an increased national burden of not less than $3,500,000,000, of which seven or eight hundred millions have already been met and paid. From the time these con federated States thus withdrew their representa tion in Congress and levied war against the United States, the great mass of their people became and were insurgents, rebels, traitors, and all of theio assumed and occupied the political, legal, and practical relation of enemies of the United States. This position is established by acts of Congress and judicial decisions, and is recognized repeat1 edly by the President in public proclamations, documents, and speeches. Second. The States thus confederated prosecu ted their war against the United States to final arbitrament, and did not cease until all their armies were captured, their military power des1 troyed, their civil officers, State and confederate, taken prisoners or put to flight, every vestige of State and confederate government obliterated, their territory overrun and occupied by the fede ral armies, and their people reduced to the con dition of enemies conquered in war, entitled only by public law to such rights, privUeges, and con ditions as might be vouchsafed by the conqueror. This position is also established by judicial deci sions, and is recognized by the President in public. proclamations, documents, and speeches. , Third. Having voluntarily deprived them selves of representation in Congress, for the •Criminal purpose of destroying the Federal Union, and having reduced themselves, by the act of levying war, to the condition of public enemies, they have no right to complain of temporary ex clusion from Congress ; but on the contrary, having voluntarily renounced the right to rep resentation, and disqualified themselves by crime from participating in the Government, theburden now rests upon them, before claimingto be rein stated in their former condition, to show that they are qualified to resume federal relations. In order to do this, they must prove that they have established, with the consent of the people, republican forms of government in harmony with the Constitution and laws of the United States, that all hostile purposes have ceased, and should give adequate guarantees against future treason and rebellion — guarantees which shall prove satisfactory to the Government against which they rebelled, and by whose arms they were sub1 dued. Fourth. Having, by this treasonable with drawal from Congress, and by flagrant rebellion and war, forfeited all civil and political rights and privileges under the Constitution, they can only be restored thereto by the permission and authority of that constitutional power against which they rebelled and by which they were Bubdued. Fifth. These rebellious enemies were conquer ed by the people of tho United States, acting through all the co-ordinate branches of the Government, and not by the executive depart- REPORTS ON RECONSTRUCTION. 93 ment alone. The powers of conqueror are not so vested in the President that he can fix and regulate the terms of settlement and confer' congressional representation on conquered reb els and traitors. Nor can he, in any way, qualify enemies of the Government to exercise it3 law making power. The authority to restore rebels to political power in the Federal Government can be exercised only with the concurrence of all the departments in which political power is vested ; and hence the several proclamations of the President to the people of the Confederate States cannot be considered as extending beyond the purposes declared, and can only be regarded as provisional permission by the commander-in- chief of the army to do certain acts, the effect and validity whereof is to be determined by the constitutional government, and not solely by the executive nower. Sixth. The question before Congress is, then, whether conquered enemies have the right, and shall be permitted at their own pleasure and on their own terms, to participate in making laws for their conquerors ; whether conquered rebels may change- their theatre of operations from the battle-field, where they were defeated and overthrown, to the halls of Congress, and, through their representatives, seize upon the Government which they fought to destroy ; whether the national treasury, the army of the nation, its navy, its forts and arsenals, its whole civil admiuistration, its credit, its pensioners, the widows an orphans of those who perished in the war, the public honor, peace and safety, shall all he turned over to the keeping of its recent enemies without delay, and without im posing such conditions as, in the opinion of Congress, the security of tha country and its institutions may demand. Seventh. The history oi mankind exhibits no example of such madness and foUy. The in stinct of self-preservation protests against it. The surrender by Grant to Lee, and by Sher man to Johnston, would have been disasters of less magnitude, for new armies could have been raised, new battles fought, and the Government saved. The anti-coercive policy, which, under pretext of avoiding bloodshed, allowed the re bellion to take form and gather force, would be surpassed in infamy by the matchless wickedness that would now surrender the halls of CongreSs to those so recently in rebellion, until proper precautions shall have been taken to secure the national faith and the national safety. Eighth. As has been shown in this report, and in the evidence submitted, no proof has been afforded by Gongress of a constituency in any one of the so-called Confederate States, unless we except the State of Tennessee, qualified to \/ elect Senators and Representatives in Congress. No State constitution, or amendment to a State constitution, hag- had the sanction of the people. All the so-called legislation of State conventions and legislatures has been had under military dictation. If the President may, at his will, and under his own, authority, whether as mili tary commander or chief esecutive, qualify per sons to appoint Senators and elect Representa tives, and empower others to appoint and elect them, he thereby practically controls theorgani- 1 zation of the legislative department. The con stitutional form of gc vernment is thereby prac tically destroyed, and its powers absorbed in the Executive. And while your committee c\: not for a moment impute to the President any such design, but cheerfully concede to him the most patriotic motives, they cannot but look with alarm upon a precedent so fraught wiLh danger to the Republic. Ninth. The necessity of providing adequate safeguards for the future, before restoring the in surrectionary States to a participation in the direction of public affairs, is apparent from the bitter hostility to the Government and people of the United States yet existing throughout the conquered territory, as proved incontestably by the testimony of many witnesses and by un disputed facts. Tenth. The conclusion of your committee therefore is, that the so-called Confederate States are not at present entitled to representation in the Congress of the United States ; that, before allowing such representation, adequate security for future peace and safety should be required ; that this can only be found in such changes of the organic law as shall determine the civil rights and privileges of all citizens in all parts of the Republic, shall place representation on an equitable basis, shall fix a stigma upon treason, and protect the loyal people against future claims for the expenses incurred in support of rebellion and for manumitted slaves, together with an express grant of power in Congress to enforce those provisions. To this end they offer a joint resolution for amending the Constitution of the United States, and the two several bills designed to carry the same into effect, before referred to. * Before closing this report, your committee beg leave to state that the specific recommendations submitted by them are the result of mutual con cession, after a long and careful comparison of conflicting opinions. Upon a question of such magnitude, infinitely important as it is to the future of the Republic, it was not to be expected that all should think alike. Sensible of the im perfections of the scheme, your committee subr mit it to Congress as the best they could agree upon, in the hope that its imperfections may be cured, and its deficiencies supplied, by legisla tive wisdom; and that, when finally adopted, it may tend to restore peace and harmony tc the whole country, and to place our republican institutions on a more stable foundation. W. P. Fessenden, James W. Geimes, Iea Habeis, J. M. Howabd, Geoege H. Williams, Thaedeus Stevens, Ellihu B. Washbuene, Justin S. Moeeill, Jno. A. Bingham, Roscoe Conkling, Geoege S. Boutwell, Heney T. Blow. Minority Report. June 22 — Mr. Johnson in the Senate and Mr. Rogees in the House, submitted this eepoet : The undersigned, a minority of the joint com- fU POLITICAL MANUAL. raittce of the Senate and House of Representa tives, constituted under the concurrent resolu tion of the 13th of December, 1865, making it their duty to "inquire into the condition of the States which formed the so-called Confederate States of America, and to report whether they or any of them are entitled to be represented in either House of Congress, with leave to report by hill or otherwise," not being able to concur in Ihe measures recommended by the majority, or m the grounds upon which they base them, beg leave to report : In order to obtain a correct apprehension of the subject, and as having a direct bearing upon it, the undersigned think it all important clearly to ascertain what was the effect of the late in surrection upon the relations of the States where it prevailed to the General Government, and of the people collectively and individually of such States. To this inquiry they therefore first ad dress themselves. First, as to the States. Did the insurrection at its commencement, or at any subsequent time, legally dissolve the connection between those States and the General Government? In our judgment, so far from this being a " profitless abstraction," it is a vital inquiry. For if that connection was pot disturbed, such States dur ing the entire rebellion were as completely com- Eonent States of the United States as they were efore the rebellion, and were bound by all the obligations which the Constitution imposes, and entitled to all its privileges. Was not this their condition ? The opposite view alone Can justify the denial of such rights and privileges. That a State of the Union can exist without possessing them is inconsistent with the very nature of the Gov ernment and terms of the Constitution. In its nature the Government is formed of and by States possessing equal rights and powers. States unequal are not known to the Constitution. In its original formation perfect equality was se cured. They were granted the 'same represen tation in the Senate, and the same right to be represented in the House of Representatives ; the difference in the latter being regulated only by a difference in population. . But every State, however small its population, was secured one Representative in that branch. Each State was given the right, and the same right, to partici pate in the election of President and Vice Presi dent, and all alike were secured the benefit of the judicial department. The Constitution, too, was submitted to the people of each State sep arately, and adopted by them in that capacity. The convention which framed it considered, as they were bound to do, each as a separate sov ereignty, that could not be subjected to the Constitution except by its own consent. That consent was consequently asked and given. The equality, therefore, of rights was the condition of the original thirteen States before the Gov ernment was formed, and such equality was not only not interfered with, but guaranteed to them as well in regard to the powers conferred upon the General Government, as to those re served to the States or to the people of the States. Tho same equality is secured to the States which have been admitted into the Union since the Constitution was adopted. Irj each instance the State admitted has been " declared to be one of the United States, on an equal footing with tha original States in all respects whatever." The Constitution, too, so far as most of ther powers it contains are concerned, operates directly upon the people in their individual and aggre gate capacity, and on all alike. Each citizen, therefore, of every State owes the same alle-. giance to the General Government, and is enti» tied to the same protection. The obligation of this allegiance it is not within the legal power: of his State or of himself to annul or evade. It is made paramount and perpetual, and for that very reason it is equally the paramount duty of the General Go vernment to allow to the citizens of each State, and to the State, the rights se cured to both, and the protection necessary to their full enjoyment. A citizen may, no doubt, forfeit such rights by committing a crime against - the United States upon conviction of the same,; where such forfeiture by law antecedently passed is made a part of the punishment. But a State cannot in its corporate capacity be made liable to such a forfeiture, for a State, as such, under. the Constitution, cannot commit or be indicted for a crime. No legal proceeding, criminal er civil, can be instituted to deprive a State of the benefits of the Constitution, by forfeiting as against her any of the rights it secures. Her citizens, be they few or many, may be proceeded against under the law and convicted, but the- State remains a State of the Union. To concede; that, by the illegal conduct of her own citizens, " she cail be withdrawn from the Union, is virtu-- ally to concede the right of secession. For what difference does it make as regards the result whether a State can rightfully secede, (a doc trine, by-the-by, heretofore maintained by statesmen North as well as South,) or whether - by the illegal conduct of her citizens she ceases to be a State of the Union ? In either case the end is the same. The only difference is that by the one theory she ceases by law to be such a State, and by the other by crime, without and against law. But the doctrine is wholly erro neous. A State once in the Union must abide in it forever. She can never withdraw from or be expelled from it. A different principle would subject the Union to dissolution at any moment. D; is, therefore, alike perilous and unsound. Nor do we see that it has any support in the measures recommended by the majority of the committee. The insurrectionary States are by these measures conceded to be States of the Union. ; The proposed constitutional amendment is to be submitted to them as well as to the other States. - In this respect each is placed on the same ground. To consult a State not in the Union on the pro- ^ priety of adopting a constitutional amendment ; to the government of the Union, and which is . necessarily to affect those States only composing ~ the Union, would be an absurdity ; and to allow * an amendment, which States in the Union might desire, to be defeated by the votes of States not in the Union, would be alike nonsensical and unjust. The very measure, therefore, of sub mitting to all the States forming the Union be- ' fore the insurrection a constitutional amendment,"1 makes the inquiry, whether all at this time are in or out of the Union, a vital one. If they are REPORTS ON RECONSTRUCTION. 95 not, alh should not be consulted; if they are, they should be, and should be only because they are. The very fact, therefore, of such a sub mission concedes that the Southern States are, and never ceased to be, States of the Union. Tested, therefore, either by the nature of our Government or by the terms of the Constitution, the insurrection, now happily and utterly sup pressed, has in no respect changed the relations of the States, where it prevailed, to the General Government. On the contrary, they are to all intents and purposes as completely States of the Union ps they ever were. In further support of this proposition, if it needed any, we may confi dently appeal to the fact just stated, that the very measure recommended, a constitutional amendment to be submitted to such States, fur nishes such support ; for, looking to and regard ing the rights of the other States, such a sub mission has no warrant or foundation except upon the hypothesis that they are as absolutely States of the Union as any of the other States. It can never be under any circumstances a "profitless abstraction" whether under the Con stitution a State is or is not a State of the Union. It can never be such an abstraction whether the people of a State once in the Union can volun tarily or by compulsion escape or be freed from the obligations it enjoins, or be deprived of the rights it confers or the protection it affords. A different doctrine necessarily leads to a dissolution of the Union. The Constitution supposes that insurrections may exist in a State, and provides for their suppression by giving Congress the power to "call forth the militia for the purpose. The power is not to subjugate the State within whose limifs the insurrection may prevail, and to extinguish it as a State, but to preserve it as such by subduing the rebellion, by acting on the individual persons engaged in it, and not on the State at all. The power is altogether conservative ; it is to protect a State, not to destroy it ; to prevent her being taken out of the Union by individual crime, not, in any contingency, to put her out or keep her out. The continuance of the Union of all the States is necessary to the intended existence of the Government. The Government is formed by a constitutional association of States, and its integrity depends on the continuance of the entire association. If one State is withdrawn from it by any cause, to that extent is the Union dissolved. Those that remain may exist as a government, but it is not the very government the Constitution designs. That consists of all ; and its character is changed and its power is diminished by the absence of any one. A different principle leads to a disintegration that must sooner or later result in the separation of all, and .the consequent destruction of the Government. To suppose that a power to pre serve may, at the option of the body to which it is given, be used to destroy, is a proposition repugnant to common sense ; and yet, as the late insurrection was put down by means of that power, that being the only one conferred upon Congress to that end, that proposition is the one on which alone it can be pretended that the Southern StateB are not in the Union now ' as well as at first. The idea that the war power, aB such, has been used, or could have been used, to extinguish the rebellion, is, in the judgment of the undersigned utterly without foundation. That power was given for a different contingency — for the con tingency of a conflict with other governments, an international conflict. If it had been thought that that power was to be resorted to to suppress a domestic strife, the words " appropriate to that object'' would have been used. But so far from this having been done, in the same section that confers it, an express provision is inserted to meet the exigency of a domestic strife or insur rection. To subdue that, authority is given to call out the militia. Whether, in the progress of the effort to suppress an insurrection, the rights incident to war as between the United States and foreign nations may not arise, is a question which in no way changes the character of the contest as between the Government and the insurrectionists. The exercise of such rights may be found convenient, or become necessary for the suppression of the rebellion, but the character of the conflict is in no way changed by a resort to them. That remains, as at first, and must from its very nature during its contin uance remain, a mere contest in which the Gov ernment seeks, and can only seek, to put an end to the rebellion. That achieved, the original condition of things is at once reBtoied. Two" judicial decisions have been made, by judges oi eminent and unquestioned ability, which fully sustain our view. In one, that of Amy War wick, before the United States district court of Massachusetts, Judge Sprague, referring to the supposed effect of the belligerent rights which it was conceded belonged to the Government dur ing the rebellion, by giving it, when suppressed, the rights of conquest, declared : " It has been supposed that if the Government have the right of a belligerent, then, after the rebellion is suppressed, it will have the rights of conquest ; that a State and its inhabitants may be permanently divested of all political advan tages, and treated as foreign territory con quered by arms. This is an error, a grave and dangerous error. Belligerent) rights cannot be exercised where there are no belligerents. Con quest of a foreign country gives absolute, unlim ited sovereign rights, but no nation ever makes such a conquest of its own territory. If a hos tile power, either from without or within, takes and holds possession and dominion over anypoi- tion of its territory, and the nation, by force of arms, expel or overthrow the enemy, and sup presses hostilities, it acquires no new title, and merely regains the possession of that of which it has been temporarily deprived. The nation acquires no new sovereignty, but merely main tains its previous rights. " When the United States take possession of a rebel district, they merely vindicate their pre existing title. Under despotic governments con fiscation may be unlimited, but under our Gov ernment the right of sovereignty over any portion of a State is given and limited by the Constitu tion, and will be the same after the war as it was before." In the other, an application for habeas corpus to Mr. Justice Nelson, one of the judges oi tha 96 POLITICAL MANUAL. Supreme Court of the United States, by James Egan, to be discharged from an imprisonment to which he had been sentenced by a military commission in South Carolina, for the offence of murder alleged to have been committed in that State, and the discharge was ordered, and, in an opinion • evidently carefully prepared, among other things, said: "For all that appears, the civil local courts of the State of South Carolina were in the full ex ercise of their judicial functions at the time of this trial, as restored by the suppression of the rebellion, some seven months previously, and by the revival of the laws and the' reorganiza tion of the State in obedience to, and in confor mity with, its constitutional duties to the Union. Indeed, long previous to this the provisional government had been appointed by the Presi dent, who is commander-in-chief of the army and navy of the United States, (and whose will under martial law constituted the only rule of action,) for the special purpose of changing the existing state of things, and restoring the civil government over the people. In operation of this appointment, a new constitution had been forrned, a governor and legislature .elected under it, and the State placed. in the full enjoyment, or entitled, to the full enjoyment, of all her cqnstitu- tional rights and privileges. The constitutional laws of the Union were thereby enjoyed and obeyed, and were as authoritative and. binding over the pecple of the State as in. any other portion of the country. Indeed, the moment the rebellion was suppressed, and the govern ment growing out oi it subverted, the ancient laws resumed their accustomed sway, subject only to the new reorganization l)y the appointment of the proper officer to give them operalionand effect. This organization and appointment of the public functionaries, which was under the superinten dence and direction of the President, the com- nander-in-chief of the army and navy 'of the OOUntry, and who, as such, had previouBly gov erned the State, from imperative necessity, by the force of martial law, had already taken place, and the necessity no longer existed." This opinion is the more authoritative than it might possibly be esteemed otherwise, from its being the first elaborate statement of the rea sons which governed the .majority of the Supreme Court at the last term in their judgment in the case of Milligan and others, that military com missions for the trial of civilians a.e not consti tutional. Mr. Justice Nelson wae one of that majority, and of course was advised of the grounds of their decision. We submit that nothing could be more conclusive in favor of the doctrine for which they are cited than these judgments. In the one, the preposition of conquest of a State as a right under the war to suppress the insurrection is not only repudiated by Judge Sprague, but, because of the nature of pur Government, is considered to be legally im possible. " The right of soyereignty over any portion of a State will," he tells us, " only be the same after the w,ar as it was before." In the other, we are told " that the suppression of the rebellion restores the courts of the State," and that when her government is reorganized she at pnge is "in thie full enjoyment,, or entitled to the I full enjoyment, of all her constitutional righto I and privileges." Again, a contrary doctrine is inconsistontwith the obligation which the Government is un^er to each citizen of a State. Protection to each is a part of that obligation — protection not only as against a foreign, hut a domestic foe. To hold that it is in the power of any part of the people , of a State, whether they constitute a majority or minority, by engaging in insurrection and adopting any measure in its prosecution to ma]r.e citizens who are not engaged in it, but opppjsd to it, enemies of the United States, having po right to the protection which the Constitution affords to citizens who are true to their alle giance, is as illegal as it would be flagrantly an- just. During the, conflict the exigency of the strife may justify a denial of such protection, and subject the unoffending citizen to inconve nience or loss ; but the conflict over, the exigency ceases, and the obligation to afford him all the immunities and advantages of the Constitution, one of which is the right to be represented .in Congress, becomes absolute and imperative. A different rule would enable the Government to escape a clear duty, and to commit » gross vio lation of the Constitution. It has been said that the Supreme Court have entertained a different- doctrine in the prize cases. This, in the. judg ment of the undersigned, is a clear misappre hension. One of the questions in those cases was, whether in such a contest as was being waged for the extinguishment of the insurrec tion, belligerent rights, as between the United States and other nations, belonged to the former. The Court properly held that they did; hut the parties engaged in the rebellion were desig nated as traitors, and liable to be tried as trai tors when the' rebellion should terminate. If the Confederate States, by force of insurrectipn, became foreign States atfd lost their character .as States of the Union, then the contest was an in ternational one, and treason was no more com mitted by citizens of the former againstthe latter, than by those of the latter against the former. Treason necessarily assumes allegiance to the government, and allegiance necessarily assumes a continuing obligation to the government. Neither predicament was true, except upon the hypothesis that the old state of things continued. In other words, that the States, notwithstand ing the insurrection, were continuously, ancUre now, States of the United States, and their citi zens responsible to the Constitution and the laws. Second : what is there, then, in the present, poli tical condition of such States that justifies their exclusion from representation in Congress.? Ie it because they are without organized, govern ments, or without governments republican in point of form? In fact, we know that they have governments completely organized with legislative, executive, and judicial functions. We know that they are now in successful opera tion ; no one within their- hunts questions their legality, or is denied their protection. How they were formed, under what auspices they were, formed, are inquiries with which Congress has no concern. TV-right of the people of a State to form a government for themselves has never been questioned. In the absence of any re REPORTS ON RECONSTRUCTION. 97 - striction that right would be absolute ; any form could be adopted that they might determine up on. The Constitution imposes but a single re- ' striction — that the government adopted shall be " of a republican form," and this is done in the - obligation to guarantee every State such a form. It gives no power to frame a constitution for a State. It operates alone upon one already , formed by the State. In the words of the Fed eralist, (No. 44,) " it supposes a pre-existing government of the form which is to be guaran teed." It is not pretended that the existing governments of the States in question are not of the required form. The objection is that they were not legally established. But it is confi dently submitted that that is a matter with which Congress has nothing to do. The power to establish or modify a State government be- longs exclusively to th* people of the -State. When they shall exercise it, how they shall ex ercise it, what provisions it shall contain, it is their exclusive right to decide, and when decid- -, ed, their decision is obligatory upon everybody, and independent of all congressional control, if - such government be republican. To convert an obligation of guarantee into an authority to in terfere in any way in the formation of the gov ernment to be guaranteed is to do violence to " language. If it be said that the President did illegally interfere in the organization of such fovernments, the answers are obvious: First. f it was true, if the people of such States not only have not, but do not, complain of it, but, on the contrary, have pursued his advice, and are satisfied with and are living under the govern ments they have adopted, and those govern- mehts are republican in form, what right has Congress to interfere or deny their legal exist ence? Second. Conceding, for argument's •sake, that the President's alleged interference was unauthorized, does it not, and for the same reason, follow that any like interference by Congress would be equally unauthorized? A different view is not to be maintained because of ^the difference in the nature of the powers con- "ferred upon Congress and the President, the one being legislative and the other executive ; for it is equally, and upon tne same ground, beyond the scope of either to form a government for a people of a State once in the Dnion, or to expel such a State from the Union, or to deny, tempo rarily or permanently, the rights which belong to a State and her people under the Constitu tion. Congress may admit new States, but a State once admitted ceases to be within its control, and can never again be brought within it. What Changes her people may at any time think proper to make in her constitution is a matter with which neither Congress nor any department of the General Government can interfere, unless such changes make the State government anti-repub lican, and then it can only be done under the ob ligation to guarantee 'that it be republican. ¦ Whatever may be the extent of the power con ferred upon Congress in the 3d section, article 4, of the Constitution, to admit new States — in what manner and to what extent they can, under that pDWer, interfere in the formation and character of the Constitution of such States preliminary to 7 admission into the Union, no one has ever pre tended that when that is had, the State can again be brought within its influence. The power is exhausted when once executed, the subj ect forth with passingoutof its reach. The State admitted, like the original thirteen States, becomes at onco' and forever independent of congressional control. A different view would change the entire charac ter of the Government as its framers and their contemporaries designed and understood it to be, They never intended to make the State govern ments subordinate to the General Government- Each was to move supreme within its own orbit ; but as each would not alone have met the exigen cies of a government adequate to all the wants of the people, the two, in the language of Mr. Jeffer son, constituted " co-ordinate d( partments of one single and integral whole ;" the one having the power of legislation and administration "in atfairt which concerned their own citizens only;" the other, " whatever concerned foreigners, or citizens of other States." Within their respective limits each is paramount. The States, as to all powers not delegated to the General Government, are as independent of that government as the latter, in regard to all powerB that are delegated to it, is independent of the governments of the States. The proposition, then, that Congress can, by forcp or otherwise, under the war or insurrectionary or any other power, expel a State from the Union, or reduce it to a territorial condition and govern it as such, is utterly without foundation. The undersigned deem it unnecessary to examine the question further. They leave it upon the obser vations submitted, considering it perfectly clear that States, notwithstanding occurring insurrec tions, continue to be States of the Union. Thirdly. If this is so, it necessarily follows that the rights of States under the Constitution, as originally possessed and enjoyed by them, are atill theirs, and those they are now enjoying, as far as they depend upon the executive and ju dicial departments of the government. By each of these departments they are recognized as States. By the one, all officers of tlie govern ment required by law to be appointed in such States have been appointed, and are discharging, without question, their respective functions. By the other they are, as States, enjoying the benefit, and subjected to the powers of that de partment ; a fact conclusive to show that, in the estimation of the judiciary, they are, as they were at first, States-of the Union, bound by the laws of the Union, and entitled to all the rights incident to that relation. And yet, so far they are denied that right which the Constitution properly esteems as the security of all tne others — that right, without which government is anything but a republic — is indeed but a ty ranny—the right of having a voice in the legis lative department, whose laws bind them in per son and in property ; — tnis, it is submitted, is a state of things without example in a representa tive republican government; and Congress, as long as it denies this right, is a mere despotisrr.. Citizens may be made to submit to it by force, or dread of force, but a fraternal spirit and good feeling toward those who impose it, so important to the peace and prosperity of the country, are not to be hoped for, but rather unhappinfliB, POLITICAL MANUAL. dissatisfaction, and enmity. There is but one ground on which such conduct can find any ex cuse — a supposed public necessity ; the peril of destruction to which the government would be subjected, if the right was allowed. But for such a supposition there is not, in the opinion of the undersigned, even a shadow of founda tion. The representatives of the States in which there was no insurrection, if the others were represented, would in the House, under the present apportionment, exceed the latter by a majority of seventy-two votes, and have a decided preponderance in the Senate. What danger to the Government, then, can possibly arise from southern representation? Are the present Senators and Representatives fearful of themselves? Are they apprehensive that they might be led to the destruction of our institu tions by the persuasion, or any other influence, of southern members? How disparaging to themselves is such an apprehension. Are they apprehensive that those who may succeed them from their respective States may be so fatally led aBtray ? • How disparaging is that supposi tion to the patriotism and wisdom of their con stituents. Whatever effect on mere party suc cess in the future such a representation may have we shall not stop to inquire. The idea that the country is to be kept in turmoil, States to be reduced to bondage, and their rights under the Constitution denied, and their citizens de graded, with a view to the continuance in power of a mere political party, cannot for a moment be entertained without imputing gross dishonesty of purpose and gross dereliction of duty to those who may entertain it. Nor do we deem it neces sary to refer particularly to the evidence taken by the committee to show that there is nothing in tho present condition of the people of the southern States that even excuses on that ground a denial of representation to them. We content ourselves with saying that in our opinion the -evidence most to be relied upon, whether regard ing the character of the witnesses or their means •of information, shows that representatives from the southern States would prove perfectly loyal. We specially refer for this only to the testimony of Lieutenant General Grant. His loyalty and his intelligence no one can doubt. In his letter to the President of the 18th of December, 1865, ¦after he had recently visited South Carolina, rNorth Carolina, and Georgia, he says : " Both in travelling and while stopping, I saw much and conversed freely with the citizens of those States, as well as with officers of the army who have been among them. The following are - the conclusions come to by me : " I am satisfied that the mass of thinking men ¦of the South accept the present situation of af fairs in good faith. The questions which have heretofore divided the sentiments of the people of the two sections — slavery and State rights, or the right of a State to secede from the Union — they regard as having been settled forever by the highest tribunal, arms, that man can resort to. I was pleased to learn from the leading men whom I met that they not only accepted the de cision arrived at as final, but that now, the smoke of battle has cleared away and time has been given for reflection, that this decision has been a fortunate one for the whole country, they receiv ing the like benefits from it with those who op posed them in the field and in the cause. * * " My observations lead me to the conclusion that the citizens of the southern States are anx ious to return to self-government within the Union as soon as possible ; that while reconstructing, they want and require protection'from the Gov ernment; that they are in earnest in wishing to do what they think is required by the Govern ment, not humiliating to them as citizens ; and that if such a course was pointed out, they would pursue it in good faith. It is to be re gretted that there cannot be a greater comming ling at this time between the citizens of the two sections; and particularly of those intrusted with the law-making power." Secession, as a practical doctrine ever here after to be resorted to, is almost utterly aban doned. It was submitted to and failed before the ordeal of battle. Nor can the undersigned imagine why, if its revival is anticipated as pos sible, the committee have not recommended an amendment to the Constitution guarding against it in terms. Such an amendment, it cannot be doubted, the southern as well as northern StateB would cheerfully adopt. The omission of such a recommendation is pregnant evidence that secession, as a constitutional right, is thought by the majority of the committee to be, practi cally, a mere thing of the past, as all the proof taken by tbem shows it to be, in the opinion of all the leading southern men who hitherto en tertained it. The desolation around them, the hecatombs of their own slain, the stern patriot ism of the men of the other States, exhibited by unlimited expenditure of treasure and of blood, and their love of the Union so sincere and deep- seated that it is seen they will hazard all to maintain it, have convinced the South that, as a practical doctrine, secession is extinguished forever. State secession, then, abandoned, and slavery abolished by the southern States them selves, or with their consent, upon what states manlike ground can such States be denied all the rights which the Constitution secures to States of the Union ? All admit that to do so at the earliest period is demanded by every con sideration of duty and policy, and none deny that the actual interest of the country is to a great extent involved in such admission. The staple productions of the Southern StateB are as important to the other States as to them selves. Those staples largely enter into the wants of all alike, and they are also most im portant to the financial credit of the Govern ment. Those staples will never be produced as in the past until real peace, resting, as it can alone rest, on the equal and uniform operation of the Constitution and laws on all, .is attained. To suppose that a brave and sensitive people will'give an undivided attention to the increase of mere material wealth while retained in a state of political inferiority and degradation is mere folly. They desire to be again in the Union, to' enjoy the benefits of the Constitution, and they invoke you to receive them. They have adopted constitutions free from any intrinsic objection, and have agreed to every stipulation thought by REPORTS ON RECONSTRUCTION. 99 the President to be necessary for the protection and benefit of all, and in the opinion of the un dersigned they are amply sufficient. Why ex act, as a preliminary condition to representa tion, more? What more are supposed to be necessary? First, the repudiation of the rebel debt; second, the denial of all obligation to pay for manumitted slaves ; third, the inviolability of our own debt. If these provisions are deemed necessary, they cannot be defeated, if the South were disposed to defeat them, by the admission into Congress of their representatives. Nothing is more probable, in the opinion of the under signed, than that many of the southern States would adopt them all ; but those measures the committee connect with others which we think tho people of the South wUl never adopt. They are asked to disfranchise a numerous class of their citizens, and also to agree to diminish their rep resentation in Congress, and of course in the elec toral college, or to admit to the right of suffrage their colored males of twenty-one years of age and upwards, (a class now in a condition of almost utter ignorance,) thus placing them on the same political footing with white citizens of that age. For reasons so obvious that the dullest may discover them, the right is not directly as serted of granting suffrage to the negro. That would be obnoxious to most of the Northern and Western States, so much so that their consent was not to be anticipated ; but as the plan adopt ed, because of the limited number of negroes in such States, will have no effect on their represent ation, it is thought it may be adopted, while in the southern States it will materially lessen their number. That these latter States will assent to the measure can hardly be expected. The effect, then, if not the purpose, of the measure is forever to deny representatives to such States, or, if they consent to the condition, to weaken their repre sentative power, and thus, probably, secure a continuance of such a party in power as now control the legislation of the Government. Tho measure, in its terms and its effect, whether de signed or not, is to degrade the southern States. To consent to it will be to consent to their own dishonor. The manner, too, of presenting the proposed constitutional amendment, in the opinion of the undersigned, is impolitic and without precedent. The several amendments suggested have no con nection with each other ; each, if adopted, would have its appropriate effect if the others were re jected; and each, therefore, should be submitted as a separate article, without subjecting it to the contingency of rejection if the States should refuse to ratify the rest. Each by itself, if an advisa ble measure, should be submitted to the people, and not in such a connection with those which they may think unnecessary or dangerous as to force them to reject all. The repudiation of the rebel debt, and all obligation to compensate for the loss of slave property, and the inviolability of the debts of the Government, no matter how contracted, provided for by some of the sections of the amendment, we repeat, we believe would meet the approval of many of the southern States ; but these no State can sanction without sanctioning others, which we think will not be done by them or by Borne of the northern States. To force negro suffrage upon any State by means of a penalty of a loss of part of its representa tion, will not only be to impose a disparaging condition, but virtually to interfere with the clear right of each State to regulate suffrage for itself, without the control of the Government of the United States. Whether that control be ex erted directly or indirectly, it will be considered, as it is, a fatal blow to the right which every State in the past has held vital, the right to regulate her franchise. To punish a State for not regulating it in a particular way, so as to give to all classes of the people the privilege of suffrage, is but seeking to accomplish incidentally what, if it should be done at all, should be done directly. No reason, in the view of the undersigned, can be suggested for the course adopted, other than a belief that such a direct interference, would not be sanc tioned by the northern and western States, while, as regards such States, the actual recom mendation, because of the small proportion of negroes within their limits, will not in the least lessen their representative power in Congress or their influence in the presidential election, and they may therefore sanction it. This very ine quality in its operation upon the States renders the measure, in our opinion, most unjust, and, looking to the peace and quiet of the country, most impolitic. But the mode advised is also not only without but against all precedent.' When the Constitution waB adopted it was thought to be defective in not sufficiently pro tecting certain rights of the States and the peo ple, with the view of supplying a remedy for this defect, on the 4th March, 1789, various amendments by a resolution constitutionally passed by Congress were submitted for ratifica tion to the States. They were twelve in num ber. Several of them were even less indepen dent of each other than are those recommended by the committee. But it did not occur to the men of that day that it was right to force the States to adopt or reject all. Each was, there fore, presented as a separate article. The lan guage of the resolution was, "that the follow ing articles be proposed to the legislatures of the several States as amendments of the Constitution of the United States, all oe ant or which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes as parts of the Constitution. The Con gress of that day was willing to obtain either of the submitted amendments — to get a part, if not able to procure the whole. They thought (and in that we submit'they but conformed to the letter and spirit of the amendatory c.'ause of the Constitution,) that the people have the right to pass severally on any proposed amendments. This course of our fathers is now departed from, and the result will probably be that no one of the suggested amendments, though some may be approved, will be ratified. This will certainly be the result, unless the States are willing practi cally to relinquish the right they have always enjoyed, never before questioned by any recog nized statesman, and all-important to their in terest and security — the right to regulate tha franchise in all their elections. • There are, too. some general considerations 100 POLITICAL MANUAL. that bear on the subject, to which we will now refer. First. One of the resolutions of the Chicago convention, by which Mr. Lincoln was first nomi nated for the presidency, says, " that the main tenance inviolate of the rights of the States is es sential to the balance of power on which the prosperity and endurance of our political fabric depend.," In his inaugural address of 4th March, 1861, which received the almost universal appro- 'val of the people, among other 'things he said, "no State of its own mere motion can lawfully get out of the Union ;" and that " in view of the Constitution and the laws, the Union is un broken, and to the extent of my ability I shall take care, as the Constitution itself expressly en joins upon me, that the laws of the Union be faithfully executed in all the States." Second. Actual conflict soon afterwards en sued. The South, it was believed, misapprehend ed the purpose of the Government in carrying it on, and Congress deemed it imporant to dis pel that misapprehension by declaring what the purpose was. This was done in July, 1861, by their passing the foUowing resolution, offered by Mr. Crittenden : " That in this national emer gency, 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 part, in any spirit of oppression, • nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, butto defend and maintain the supremacy of the Constitution, and to preserve the Union, with alf the dignity, equality, and rights of the several States unimpaired ; that as soon as these objects are accomplished, the war ought to cease." The vote in the House was 119 for and 2 against it, and in the Senate 30 for and 5 against it. The design to conquer or subjugate, or to curtail or interfere in any way with the rights of the States, is in the strongest terms thus disclaimed, and the only avo'wed object asserted to be "4o defend and maintain the spirit of the Constitution, and to preserve the Union, and the dignity, equal ity, AND BIGHTS OF THE SEVEEAL STATES 'UNIM- paieed." Congress, too, by the actof 13th July, 1861, empowered the President to declare, by proclamation, " that the inhabitants of such State or States where the insurrection existed are in a state of insurrection against the United States," and thereupon to declare that " all commercial intercourse by and between the Same, by the citizens thereof and the citizens of the United States, shall cease and be unlawful so long as such condition of hostility shall continue." Here, also, Congress evidently deals with the States as being in the Union and to remain in the Union. It seeks to keep them in by forbidding commer cial intercourse between their citizens and the citizens of the other States so long, and so long only, as insurrectionary hostility shall continue. That ended, they are to be, as at first, entitled to the same intercourse with citizens of other States that they enjoyed before the insurrection. In other words, in this aot, as in the resolution of, the same month, the dignity, equality, and rights of such States (the insurrection ended) were not to be held in any respeot impaired. The several proclamations of amnesty issued by Mr. Lincoln and his successor under the authority of Congress are also inconsistent with the idea that the parties included within them are not to be held, in the future, restored to all rights belonging to them as citizens of their respective States. A power to pardon is a power to restore the offender to the condition in whfch he was before the date of the offence pardoned. It is now settled that a pardon removes not only the punishment, but all the legal disabili ties consequent on the crime. (7 Bac. Ah. Tit. Par ) Bishop on Criminal Law (vol. 1, p. 713) Btates the same doctrine. The amnesties so de clared would be but false pretences if they were, as now held, to leave the parties who have availed themselves of them in almost every par ticular in the condition they would have been in if they had rejected them. Such a result, it is submitted, would be a foul blot on the good name of the nation. Upon the whole, therefore, in the present state of the country, the excite ment which exists, and which may mislead legis latures already elected, we think that the matured sense of the people is not likely to be ascertained on the subject of the proposed amendment by its submission to existing State legislatures. If it should be done at all, the submission should either be to legislatures heje-' after to be elected, or to conventions of the peo ple chosen for the purpose. Congress may seleet either mode, but they have selected neither. It may be submitted' to legislatures already in ex istence, whose members were heretofore elected with no view to the consideration of such a measure ; and it may consequently be adopted, though a majority of the people of the States disapprove of it. In this respect, if there weje no other objections to it, we think it most ob- j ectionable. Whether regard be had to the nature or the terms of the Constitution, or to the legislation of Congress during the insurrection, or to the course of the judicial department, or to the con duct of the executive, the undersigned confi dently' submit that the southern States are States in the Union, and entitled to every right and privilege belonging to the other States. If any portion of their citizens be disloyal, or are not able to take any oath of office that has been or may be constitutionally prescribed, is a ques tion irrespective of the right of the States to he represented. Against the danger, whatever that may be, of the, admission -of disloyal or dis qualified members, into the Senate or House, it is in the power of each branch to provide against by refusing such admission. Each by the Con stitution is made the judge, of the election re turns and qualifications of its own members. No other department can interfere with it. Its decision concludes all others. The only correc tive, when error is committed, consists in the re sponsibility of the members to the people. But if is believed by the undersigned to be the clear duty of each house to admit any Senator or Bep- resentative who has been elected according to the constitutional laws of the State, and who is able and willing to subscribe the oath re-ruh>ecl by constitutional law. It is conceded by the majority that " it .vould REPORTS ON RECONSTRUCTION. 101 undoubtedly be competent for Congress to waive all formalities, and to admit those Confederate States at once, trusting that timo and experience would set all things right." It is not, thereforo, owing to a want of constitutional power that it is not done. It is not because such States are not States with republi ,an forms of government. The exclusion must therefore rest on considera tions of safety or of expediency alone. The first, that of safety, we have already considered, and, as we think, proved it to be without foundation. Is there any ground for the latter expediency ? We think not. On the Contrary, in our judg ment, their admission is called for by the clearest expediency. Those States include a territorial area of 850,000 square miles, an area larger than that of five of the leading nations of Europe. They have a coast line of 3,000 miles, with an internal water line, including the Mississippi, of about 36,000 miles. Their agricultural products in 1850 were about $560,000,000 in value, and their population 9,664,656. Their staple pro ductions are of immense and growing importance and are almost peculiar to that region. That tho North is deeply interested in having such a country and people restored to all the rights and privileges that the Constitution affords no sane man, not blinded by more party considerations, or not a victim of disordering prejudice, can for a moment doubt. Such a restoration is. also neces sary to the peace of the country. It is not only important but vital to the potential wealth of which that section of our country is capable, that cannot otherwise be fully developed. Every hour of illegal political restraint, every hour tho possession of the rights the Constitution gives is denied, is not only in a political but a material sense of great injury to the North as well as to the South. The southern planter works for his northern brethren as well as for himself. His labors heretofore inured as much if not more to their advantage than to his. Whilst harmony in the past between tho sections gave to the whole a prosperity, a power, and a renown of which every citizen had reason to be proud, the resto ration of such harmony will immeasurably in crease them all. Can it, will it be restored as long as the South is kept in political and dishon oring bondage ? and can it not, will it not be re stored by an opposite policy ? By admitting her to all the rights of the Constitution, and by deal ing with her citizens as equals and as brothers, not as inferiors and enemies, such a course as this will, we are certain, soon be seen to bind them heart and soul to the Union, and inspire them with confidence in its government, by making them feel that all enmity is forgotten, and that justice is being done to them. The result of such a policy, we believe, will at once make us in very truth one people, as happy, as prosper ous, and as powerful as ever existed in the tide of time ; while its opposite cannot fail to keep us divided, injuriously affect the particular and general welfare of citizen and Government, and, if long persisted in, result in danger to the nation. In the words of an eminent British whig states man, now no more, "A free constitution and large exclusions from its benefit cannot subsist together ; the constitution will destroy them, or they will destroy the constitution." It is hoped that, heeding the warning, we will guard against the peril by removing its cause. The undersigned have not thought it neces sary to examine into the legality of the measures adopted, either by the late or the present Pres ident, for the restoration of the southern States. It is sufficient for their purpose to say that, if those of President Johnson were not justified by the Constitution, the same may at least be Baid of those of his predecessor. We deem such an examination to be unnecessary, because, however it might result, the people of the several States who possessed, as we have before said, the ex clusive right to decide for themselves what constitutions they should adopt, have adopted those under which they respectively live. The motives of neither President, however, whether the measures were legal or not, are liable to censure. The sole object of each was to effect a complete and early union of all the States , to make the General Government, as it did at first, embrace all, and to extend its authority and secure its privileges and blessings to all alike. The purity of motive of President John son in this particular, as was to have been ex pected, is admitted by the majority of the committee to be beyond doubt ; for, whatever was their opioion of the unconstitutionality of his course, and its tendency to enlarge the ex ecutive power, they tell us that they " do not for a moment impute to him any such design but cheerfully concede to him the most patriotic motives." And we cannot forbear to say, in conclusion, upon that point, that he sins against light, and closes his eyes to the course of thf President during the rebellion, from its incep tion to its close, who ventures to impeach his patriotism. Surrounded by insurrectionists, he stood firm. His life was almost constantly in peril, and he clung to the Union, and discharged all the obligations it imposed upon him, even the closer because of the peril. And now that he has escaped unharmed, and by the confidence of the people has had devolved upon him the executive functions of the Government, to charge him with disloyalty is either a folly or a slander , folly in the fool who believes it ; slander in the man of sense, if any such there be, whe, utters it. Reveedy Johneon, A. J. Rogees, Henry Geideb VOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. The Constitutional Amendment, as Finally Adopted and Submitted to the Legislatures of the States. In Senate. 1866, June 8 — The Amendment in these words, as finally amended, —as brought to a vote: Joint resolution proposing an amendment to the Constitution of the United States. : Resolved by the Senate and House of Repre sentatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring,) That the following article be pro posed, to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three- fourths of said legislatures, shall be valid as part of the Constitution, namely : Aetiole 14. Section l. All persons born or naturalized in the United States, and subject to the jurisdic tion thereof, are citizens of the United States and of the State wherein they reside. No State 6hall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State de prive any person of life, liberty, or property, without due process of law, nor deny to any per son within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States according to their res- pective'numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec tion for the choice of electors for President and Vice-President of the United States, representa tives in Congress, the executive and judicial officers of a State, or the members of the legis lature thereof, is denied to any of the male in habitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representa tion therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. Sec. 3. No person shall be a senator or rep resentative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, aa a member of Congress, or as an officer of the United States, or as a member of any State le gislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrec tion or rebellion against the same, or given aid or comfort to the enemies thereof. But Con gress may, by a vote of two-thirds of each house, remove such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But nei ther the United States nor any State Bhall as sume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Uni ted States, or any claim for the loss or emanci pation of any slave ; but all such debts, obliga tions and claims shall be held- illegal and void ; Sec. 5. The Congress shall have power to en force, by appropriate legislation, the provisions of this article. It passed— yeas 33, nays 11, as follow : Yeas — Messrs. Anthony, Chandler, Clark, Conncss, Cra gin, Creswell, Edmunds, FesBenden, Foster, Grimes, Harris Henderson, Howard, Howe. Kirkwood. Lane of Kansas, Lane of Tndiana, Morgan, Morrill, Nye, Poland, Pomeroy, Ram sey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates— 33. Nats — Messrs. Cowan, Davis, Doolittle, Guthrie, Hen dricks, Johnson, McDougaU, Norton, Riddle, Saulsbury,, Van Winkle— 11. Assent — Messrs. Brown, Buckalew, Dixon, Nesmith, Wright — 5. In House. June 13 — The Amendment passed — yeas 138, nays 36, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos B. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bun dy, Reader W. Clarke, Sidney Ciarke, Cohb, Conkling, Coofc, Cullom, Darling, Davis, Dawes. Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Gris wold, Halo, Abner C. Harding, Hart, Hayes, Henderson, Hig by, Holmes, Hooper, HotchkiBS, Asahel W. Hubbard, Chester D. Hubbard, Demas Hnbbard, jr., John H. Hubbard, James It. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kassou, Eel- ley, Kelso, Kotcham, Kuykendall, Laflin, Latham, George V. Lawrence, Williani Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Poju> roy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spalding, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Up- Bon, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, Whaley, Wil liams, James F. Wilson. Stephen F. Wilson, Windom, Wood- bridge, tho Speaker — 138. Nays— Messrs. Ancona, Bergen, Boyer, Chanter, Cofroth, Dawson, Denison. Eldridge, Pinck, Glossbrenner, Grider, Aaron Harding, Hogan, Edwin N. Hubbell, James Ms Hum phrey, Johnson, Kerr, Le Blond, Marshall, McCullough, Niblack, Nictwlson, Radford, Samuel J. Randall, Sitter, Rogers, Ross, Shanklin, SUgreaves. Strouse, Taber, Taylor, Thornton, Trimble, Winfield, Wright — 36. Not voting— Messrs. Culvor, Goodyear, Harris, Hill, James lumphrey, Jones, Mclndoe, iVoeiJ,.Uoussoau, Starr— 102 ' . VOTES ON CONSTITUTIONAL AMENDMENTS. 103 Preliminary Proceedings. Prior to the adoption of the joint resolution in the form above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses : - In House. April 30 — Mr. Stevens, from the Joint Select Committee 'on Reconstruction reported a joint resolution, as follows : A joint resolution proposing an amendment to the Constitution of the United States. Be it resolved, &c, (two-thirds of both Houses concurring,) That the foUowing article be pro posed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths Of said legislatures, shall be valid as part of the Constitution, namely : Aeticle — . Sec. 1. No State shall make or enforce any law which shall abridge the privileges or immu nities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebel lion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age. Sec. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and com fort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States. Sec. .4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be in curred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor. Sec. 5. The Congress shall have power to en force, by appropriate legislation, the provisions of this article. Objection having been made to its being a special order for Tuesday, May 8, and every day thereafter until disposed of, Mr. Stevens moved a suspension of the rules to enable him to make :hat motion ; which was agreed to — yeas 107, nays 20. The Nats wore: Messrs. Ancona, Bergen, Boyer, Coffroth, Dawson, Eldridge, Pinck, Grider, Aaron Harding, James M. Humplmy, Latham, Marshall, Niblack, Nicholson, Ritter, Ross. Strouse, Taylor, T/iornton, Winfield— -20. May 10 — Mr. Stevens demanded the previous question ; which was seconded, on a count, 85 to 57 ; and the main question was ordered — yeas 84, nays 79, as follow : Yeas — Messrs. Allison, Ames, Anderson, Banks, Baxter, Bidwell, Boutwoll, Bromwoll, Broomall. Chanter, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook.Defrees, Dixon, Driggs, Dumont, Eckley, Eggleston, Eldridge, Eliist, Grider, Grinnell, Aaron Harding, Abner C. Harding, Harris, Hart, Higby, Holmes, Hooper, Hntcbkiss, Asahel W. Hubbard, Demas Hubbard. Ingersoll, Julian, Kelley. Kelso, Kerr, Wil liam Lawrence, Le Blond, Loan, Lynch, Marston, McClurg, McCullough, Mclndoe, Mercur, Morrill, Moulton, Niblack, O'Neill, Orth, Paine, Patterson, Perham, Pike, Pri'-e, John H Rice, Ritter, Rogers, Rollins, Ross, Rousseau, Sawyer, Schenck, Fcofield, Slianklin', Shellabargar, Spalding, Stevens, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Ward, Ellihu B. Washburne, Welker, JamesF. Wil son, Stephen F. Wilson, Windom. Woodbridge — 84. Nats — MeBsrs. Alley, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, Bergen, Bingham, Blaine, Blow, Boyer, Buckland, Bundy, rojfrotli, Cullom, Darling, Davis, Dawes, Dawson, Delano, Deming, Dodge, Donnelly, Far-nsworth, Ferry, Fmck,Garfiold. Gloss brenner, Goodyear, Griswold, Hayes, Henderson, Chester D. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Jenckes, Kasson, Ketcham, Kuykendall, Laflin, L-.tham, George V. Lawrence, Longyear, MarsliaU, McKee, McRuer, Miller, Moorbead, Morris, Myers, Newell, Phelps, Plants, Radford, Samuel J. Randall, WilLam II. Rnndall. Raymond, Alexander H. Rice, Sitfjreaves, 6mith, Still'well, Strouse, Taber, Taylor, Thayer, Trimble, Burt Van Horn, Hubert T. Van Horn, Warner, Henry D. WaBhlmrn, William B. Wash burn, Whaley, Williams, Winfield, Wright — 79. The joint resolution, as above printed, then passed — yeas 128, nays 37, as follow : Yeas — MesBrs. Alley, Allison, Ames, Anderson, DeloB R. Ashley, James M. Ashley. Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine. Blow, B nitwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Egglestuii, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, James R. Hubbell, Hulburd'. James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Keiley, Kelso, Ketcham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, Mclndoe, Mc Kee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spnlding, Stevens, Stillwell, Thayer, Francis Thomas, JohnL. Thomas. Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, War ner, Ellihu B. Washburne, Henry D Washburn, William B. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker — V2S. Nats — Messrs. Ancona, Bergen, Boye r, Chanter, Cojfroth, Dawson, Eldridge, Pinck, Glossbrenner, Goodyear, tjrider, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, McCullough, Niblack, Phelps, Radford, Samuel J. Raridall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, f-rruth, Strouse, Taber, Taylor, Tlwrnton, Trimble, Whaley, W nfield, Wright— SI. The amendments of the Senate were m:/Ie to this proposition, when it was finally adopted by each House, in the form first stated. The Accompanying Bills. April 30 — Mr. Stevens, from the same com mittee, also reported this bill : A Bill to provide for restoring the States lately in insurrection to their full political rights. Whereas it is expedient that the States lately in insurrection should, at the earliest day consistent with the future peace and safety of the Union, be restored to full participation in all political rights ; and whereas the Congress did, by joint resolution, propose for ratification to the legis latures of the several States, as an amendment to the Constitution of the United States, an articl" in the following words, to wit : [For article, see page 102.] Now, therefore, Be it enacted, &c, That whenever the abovu- recited amendment shall have become part of tho 104 POLITICAL MANUAL. Constitution of the United States, and any State lately in insurrection shall have ratified the same, and shall have modified its constitution and laws in conformity therewith, the Senators and Rep resentatives from such.State, if found duly elected and qualified, may, after having taken the re quired oaths of office, be admitted into Congress as such. Sec. 2. And be it further enacted, That when any State lately in insurrection shall have rati fied the foregoing amendment to the Constitu tion, any part of the direct tax under the act of August 5, 1861, which may remain due and un paid in such State may he assumed and paid by such State ; and the payrnentthereof, upon proper assurances from such State to be given to the Secretary of the Treasury of the United States, may be postponed for a period not exceeding ten years from and after the passage of this act. April 30 — Mr. Stevens, from the same com mittee, also reported ttiis bill : A Bill declaring certain persons ineligible to office under the Government of the United States. Be it enacted, dec, That no person shall be eligible to any office under the Government of the United States who is included in any of the following classes, namely : 1. The president and vice president of the confederate States of America, so called, and the heads of departments thereof. 2. Those who in other countries acted as agents of the confederate States of America, so called. 3. Heads of Departments of the United States, officers of the army and navy of the United States, and all persons educated at the Military or Naval Academy of the United States, judges of the courts of the United States, and members of either House of the Thirty-Sixth Congress of the United States who gave aid or comfort to the late rebellion. 4. Those who acted as officers of the con federate States of America, so called, above the grade of colonel in the army or master in the navy, and any one who, as Governor of either of the so-called confederate States, gave aid or comfort to the rebellion. 5. Those who have treated officers or soldiers or sailors of the army or navy of the United States, captured during the late war, otherwise than lawfully as prisoners of war. Neither of these bills has been voted on up to the time this page goes to press. The Negatived Amendment on Representation and Direct Taxes. Is House. January 22, 1866— Mr. Stevens reported this proposition from the Joint Select Committee : Resolved, &c, (two-thirds of both Houses con curring,) That the foUowing 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 the said legislatures, shall be valid as part of said Constitution, namely : Article — : Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, ac cording to their respective numbers, counting the whole number oi persons in each State, ex cluding Indians not taxed: Provided, That when ever the elective franchise shall be denied or abridged in any State on account of race or color, all persons of such race or color shall be excluded from the basis of representation. Mr. Stevens moved to insert the word " there in " after the word " persons " where it last oc curs. Sundry propositions of amendment were of fered, and January 30— The report was recommitted, without instructions — the motion of Mr. Le Blond to commit it to the Committee of the "Whole having been lost, yeas 37, nays 133, (Messrs. McRuer and Rousseau and 35 Demo crats made up the affirmative vote.) The Negatived Constitutional Amendment on Representation. In House. January 31, 1866 — Mr. Stevens reported from the Committee on Reconstruction this joint reso lution : Joint Resolution proposing to amend the Con stitution of the United States. Resolved, &c, (two- thirds of both Houses con- • curring,) That the following article be proposed - to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part' of said Constitution, namely : Abticle — . Representatives shall be apportioned among the several States which may be included within this Union according to their respective num bers, counting the whole number of persons in each State, excluding Indians not taxed : Pro vided, That whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons therein of such race or color shall be excluded from the basis of rep resentation. Mr. Schenck submitted this as a substitute for the "Article:" Representatives shall °be apportioned among the several States which may be included within this Union according to the number of male citi zens of the United States over twenty-one years . of age having the qualifications requisite for' electors of the most numerous branch of the State legislature. The Congress, at their first session after the ratification of this amendment by the required number of States, shall provide by law for the actual enumeration of such voters ; and such actual enumeration Bhall be separately made in- a general census of the pop ulation of all the States within every subsequent- , term of ten years, in such manner as the Con-' gress may by law direct. The number of Repre sentatives shall not exceed one for every one hundred and twenty-five thousand of actual population, but each State shall have at least . one Representative. Mr. Schenck's substitute was disagreed to— ' yeas 29, nays 131, as follow : VOTES ON CONSTITUTIONAL AMENDMENTS. 105 Yeas— Messrs. Anderson, Bromwell, Bundy, Reader W. Clarke, Sidney Clarke, Darling, Davis, Defrees, Farnsworth, Abnor C. Harding, Hayos, Hill, Cheater D. Hubbard, James R. Hubbell, Jas. Humphrey, Ingersoll, Kuykendall, William Lawrence. Marshall, McCullough, Miller, Orth, Pike. Ross, Schnnck, Shellabarger, Sloan, Thornton, Van Horn — 29. Nays — Messrs. Alloy, Allison, Ames, James M. Ashley, Bakor. Banks, Barker, Baxter, Beaman, ^Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, Boyer, Brandc- gee, Brooks, Broomall, Buckland. Clianler, Cobb, Conkling, Cook, Cnllom. Dawes, Dawson, Delano, Deming, Denison, Dixon, Donnelly, Eckley, Eggleston, Eldridge, Eliot, Far- ?Luhar, Ferry, Pinck, Garfield, Grider, Grinnell, Griswold, iale, Aaron Harding, Harris, Hart, Hogan, HolmeB, Hooper, Ilotehkiss, Asahel W. Hubbard, Demas Hubbard, jr., John H. Hubbard, Edwin N. Hubbell, Hulburd, James M. Humphrey, Jenckes, Johnson, Julian,' Kasson, Kelley, Kelso, Kerr, Ketcham, Laflin, Latham, George V. Lawrence, Le Blond, Longyear, Lynch, Marston, Marviu, McClurg, Mclndoe, McKee, Mercur, Moorhend, Morrill, Morris, Moul ton, Myors, Niblaclc, Nicholson, Nodi, O'Neill, Paino, Patter- Bon, Perhnm, PhelpB, Plants, Pomeroy, Price, Samuel J. Randall, William H. Bandall, Alexander II. Rice, John II. Bice, Sitter, Rogers, Rollins, Sawyer, Scofield, Shanklin, Smitb, Spalding, Starr, Stevens, Strouse, Taber, Taylor, Thayer, Francis Thomas, John L. Thomas, jr., Trimble, Upson, Van Aernam, Burt Van Horn, Voorhees, Ward, Warner. Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Wrigltb— 131. The joint resolution, as reported, was then agreed to — yeas 120, nays 46, as follow : * Yeas — Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bidwe.l, Bingham, Blaine, Blow, Buutwell, Brandcgoo, Bromwull, Broomall, Buckland, Bundy, Reader W.Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Eckley, Eggleston, Farnsworth, Farquhar, Ferry , Garfield, Grinnell, Griswold, Abner -C. Harding, Hart, Hayes, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Jas. Humphrey, Ingersoll, Julian, Kasson, Kelley, ISclso, Ketcham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, Mercur, Miller, Moorhead , Mor rill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, Alexander H. Rico, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabar ger, Sloan, Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, jr., Upson, Van Aernam, Burt Van. Horn, Roberi T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Went worth, Williams, James F.Wilson, Stephen F. Wilson, Win dom, Woodbridge — 120. Nats — Messrs. Baldwin, Bergen, Boyer, Brooks, Chanter, Dawson, Denison, Eldridge, Eliot, Mnck, GHder, Hale, Aaron Herding, Harris, Hogan, Edwin N. Hubbell, James ~M. Humphrey, Jenckes, Johnson, Kerr, Latham, Le Blond, Marshall, McCullough, Nibtock, Nicholson, Noell, Phelps, Samuel J. Randall-, William H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, TlwrnUm, Trimble, Voorhees, Whaley, Wright, —40. [Messrs. Driggs and Newell, February 1, stated they would have voted aye, if present.] In "Senate. - March 9> 1866 — The resolution of the House was rejected — yeas 25, nays 22, as follow, (two- thirds being necessary :) Teas— Messrs. Anthony, Chandler, Clark, Conness, Cragin, GveBwcll, Fessenden, Foster, Grimes, Harris, Howo, Kirk wood, Lane of Indiana, McDougaU, Morgan, Morrill, Nye, Poland, Ramsey; Sherman, Sprague, Trumbull, Wade, Wil liams, WilKon— 25. Nays— Messrs. Brown, Buclcalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Henderson, Hendricks, Johnson, Lane of Kansas, Nesmith, Norton, Pomeroy, Riddle, Saulsbury, Stewart, Stockton, Sumner, Van Winkle, Willey, Yates— 22. Report on Privileges and Immunities of Citizens. In House. February 13, 1866— Mr. Bingham reported from the Joint Reconstruction Committee, this joint resolution, which was re-committed and ordered to be printed : Joint Resolution proposing an amendment to the Constitution of the United States. Resolved, <&c, (two-thirds of both Houses" con curring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States,which, when ratified by three-fourths of the said legislatures, shall be valid as part ol said Constitution, viz: Aetiolb — . The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property. February 26 — Mr. Bingham reported it back, without amendment. February 28 — Mr. Eldridge moved that it lie on the table ; which was disagreed to — yeas 41, nays 110, as follow; Yeas— Messrs. Ancona, Bergen, Brooks, CJianler, Coffrofh, Davis, Dawson, Denison, Eldridge, Mnck, Glossbrenner, Goodyear, Grider, Griswold, Hale, .4 . Harding, Hogan, E. JV. Hubbell, Kerr, Kuykendal', Marshall, Marvin, McCullough, Niblack, Nicholson, Noell, Phelps, S. J. Randall, Ritter, Rogers, .Boss, Rousseau, Shanklin, Sitgreaves, Strouse, Taber, Taylor, Tliomton, Trimble, Winfield, WrigJd—41. Nays — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Benjamin, Bidwell, Bingham .Blaine, Blow, Bout well, Braudegee, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar ling, Defrees, Delano, Deming, Donnelly, Dumont, EckIey,Eg- gleston, Eliot,. Farnsworth, Farquhar, Ferry, Garfield, Grin nell, AbberC. Harding, Hart, Hayes, Higby, Holmes, Hooper, Hotchkiss, Demas Hubbard, jr., John 11. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll,. Tenckes, Julian, Kelley, Kelso, Ketcham, Laflin, Latham, Georgo V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, McKee, McRuer, Mercur, MoorheaJ, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Price, Raymond, Alexander H. Rice, John H. Rice, Sawyer, Schenck, Shellabarger, Sloan, Spalding, Stoveus, Thayor, Francis Thomas, John L. Thomas, jr., Trowbridge, Van Aernam, Burt Van Horn, Warner, Ellihu B. Washburne, Henry D. Washburn, Wm. B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 110. And on motion of Mr. Conkling, its further consideration was postponed until the second Tuesday in April. There was no further vote on it. < In Senate. February 13 — Mr. Fessenden reported tho same resolution, which was laid over, and not again considered. Report Concerning Tennessee. In House. March 5, 1866 — Mr; Bingham reported from the Select Joint Committee on Reconstruction this Joint Resolution concerning the State of Ten nessee. Resolved', &c, That whereas the people of Tennessee have made known to the Congress of the United States their desire that the consti tutional relations heretofore existing between them and the United States may be fully estab lished, and did, on tho twenty-second day of February, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a consti tution of government, republican in form and 106 POLITICAL MAKUAL. not inconsistent with the Constitution and laws of the United States, and a State government has been organized under the provisions thereof, which said provisions and the laws passed in pursuance thereof proclaim and denote loyalty to the Union ; and whereas the people of Ten nessee are found to be in a condition to exercise the functions of a State within this Union, and can only exercise the same by the consent of the law-making power of the United States : There fore, the . State of Tennessee is hereby declared to be one of the United States of America, on an equal footing with the other States, upon the express condition that the people of Tennessee will maintain and enforce, in good faith, their existing constitution and laws, excluding thoso who have been engaged in rebellion against the United States from the exercise of the elective franchise, for tho respective periods of time therein provided for, and shall exclude the same persons for the like respective periods of time from eligibility to office ; and the State of Ten nessee shall never, assume or pay any debt or obligation contracted or incurred in aid of the late rebellion ; nor shall said State ever in any manner claim from the United States or make any allowance or compensation for slaves eman cipated or liberated in any way whatever ; which conditions shall be ratified by the Legis lature of Tennessee, or the people thereof, as the Legislature may direct, before this act shall take effect. The resolution was ordered to be printed, and was recommitted to the committee, and has not been voted on, up to tho time this page goes to press. Payment of Bebel Debt. December 19, 1865 — Mr. James F. Wilson re ported from the Committee on the Judiciary the following joint resolution to amend the Consti tution of the United States : Be it resolved by the Senate and Souse of Representatives of the United States in Congress Mumbled, (two-thirds of both Houses concur ring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States,- which, when ratified by three-fourths ol said legislatures, shall be valid to all intents and purposes as a part of said Constitution, namely : Article — . No tax, duty, or impost shall be laid, nor shall any appropriation of money be made, by either the United States, or any one of the States thereof, for the purpose ol paying, either in whole or in part, any debt, contract, or liability whatsoever, incurred, made, or suffered by any one or more of the States, or the people thereof, for the purpose of aiding re bellion against the Constitution and laws of the United States. Which was passed — yeas 151, nays 11, as fol low: Yeas — Messrs. Alley, Allison, Ames, Anderson, James M, Ashley, Baker,Baldwin, Banks, Barker, Baxter, Beaman, Ben. jamin, Bergen, Bidwell, Bingham, Blow, Boutwell, Boyer, Brandegee, Bromwell, Broomall, Buckland, Bundy, Chanter, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnl lom, Darling,Dawes,Defrees,Delano, Deming, Dixon, Donnel ly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Finck, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Hogan, Holmes, Hooper, Ilotehkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hn bbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, LoDgyear, Lyuch, Marshall, Marston, Marvin, Mo eiurg, McKee, MeRuer, Mercur, Miller, Morrill, Moulton, Myers, Newell, Niblack, Noell, O'Neill, Orth, Paine, Patter. son, Perham. Phelps, Pike, Plants, Price, Radford, Samuel J. Randall, William H. Randal], Raymond, Alexander H, Rice, John H. Rice, Rollins, Ross^Roussesm, Sawyer, Schenck, Scofield. Shellabarger, Sitgreaves, Sloan, Smith, Spalding, Starr, StevenB, Stillwell, Strouse, Taber, Taylor, Thayer, Francis Thomas, John L. Thomas, Tliornton, Trowbridge,' TJpsop, Van Aernam, Burt Van Horn, Robert T. Van Horn, Voorlues, Ward, Warner, Ellihu B. Washburne, WilliamlB. Washburn, Welker, Wentworth, Whaley, Williams, Jam*! F. Wilson, Stephen F. Wilson, Windom, WrigU— 161. Nays— Messrs. Brooks, Denison, Eldridge, Grider, Aaron Harding, McCullougli, Nicholson, Ritter, Rogers, Shanklin, Trimble— 11. It was not acted on in the Senate ; but the substance of it is included in the amendment ns finally adopted. IX. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE THIRTY-NINTH COTsTGKRESS, WITH NAMES OF CLAIMANTS FROM THE INSURRECTIONARY STATES. PKESIDENT JOHNSON'S CABINET. Secretary of State — William H. Sewabd, of New . York. Secretary of Treasury — Hugh McCtjlloch, of Indiana. Secretary of War — Edwin M. Stanton, of Ohio. Secretary of Navy — Gideon Welles, of Connec- ''-. ticut. Postmaster General — William Dennison, of Ohio. Secretary of Interior — James Haelan, of Iowa. Attorney General — James Speed, of Kentucky. THIBTY-NINTH CONGRESS. - Senate. Lafayette S. Foster, of Connecticut, President of the Senate, and Acting Vice President. John W. Forney, of Pennsylvania, Secretary. Maine — William Pitt Fessenden, Lot M. Morrill. New Hampshire — Daniel Clark, Aaron H. Cra gin. Vermont — Solomon Foot,* Luke P. Poland. Massachusetts — Charles Sumner, Henry Wilson.. Rhode Island — Henry B. Anthony, William Sprague. Connecticut — James Dixon, Lafayette S. Foster. New York — Ira Harris, Edwin D. Morgan. New Jersey — William Wright, John P. Stockton.f Pennsylvania — Charles R. Buckalew, Edgar Cowan. Delaware — George Bead Kiddle, Willard Sauls- bury. Maryland — John A. J. Creswell, Eeverdy John son. Ohio — John Sherman, Benjamin F. Wade. Kentucky — James Guthrie, Garrett Davis. Indiana — Henry S. Lane, Thomas A. Hendricks. Illinois — Lyman Trumbull, Richard Yates. * Died March 28,1860. His successor, George F. Edmunds, qualified April 5, 1866. t Toted— yeas 22, nays 21 — not entitled to a seat in the Senate, March 27, 1866. The vote on the amendment de claring him not-en titled was as loliow : Yeas — Messrs. Brown, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Grimes, Howard, Howe, Kirkwood, Lane-of Indiana, Nye, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Wade, Williams, Wilson, Yates — 22. _ Nays— Messrs. Anthony, Buckalew, Cowan, Davis, Doo little, Guthrie, Harris, Henderson, Hendricks, Johnson, Lane of Kansas, McDougaU, Morgan, Nesmith, Norton, Poland, Riddle, Saulsbury, Trumbull, Van Winkle, Willey— 21. Missouri — B. Gratz Brown, John B. Henderson. Michigan — Zachariah Chandler, Jacob M. How ard. Iowa — James W. Grimes, Samuel J. Kirkwood* Wisconsin — James E. Doolittle, Timothy 0. Howe. California — John Conness, James A. McDougaU, Minnesota — Daniel S. Norton, Alexander Ram sey. Oregon — JameB W. Nesmith, George H. Wil liams. Kansas — Samuel C. Pomeroy, James H. Lane. West Virginia — Peter G. Van Winkle, Waitman T. Willey. Nevada — James W. Nye, William M. Stewart. Senators Chosen from the late Insurrectionary States. Alabama — Lewis E. Parsons, George S. Houston. Arkansas — Elisha Baxter, William D. Snow. Florida — William Marvin, Wilkerson Call. Georgia — Alexander H. Stephens, Herschel V. Johnson. Louisiana — Randall Hunt, Henry Boyce. (R. King Cutler and Michael Hahn also claim under a former election in October, 1864.) Mississippi — William L. Sharkey, James L. Alcorn. North Carolina — William A. Graham, John Pool. South Carolina — Benjamin F. Perry, John L. Manning. Tennessee — David T. Patterson, Joseph S. Fowler. Texas — Virginia — John C. Underwood, Joseph Segar. HEMOBANDUM. Mr. A. H. Stephens was a delegate from Geor gia to the convention which framed the " Con federate" constitution, and was Vice President of the "Confederacy" until its downfall. Mr. H. V. Johnson was a senator in the rebel con gress in the first and second congresses, as was Mr. Graham, from North Carolina. Mr. Pool was a senator in the Legislature of North Caro lina. Mr. Perry was a " Confederate States " judge. Mr. Manning was a volunteer aid to * Credentials presented January 20, 1866, and he took bio seat January 24, 1866. 107 108 POLITICAL MANUAL. General Beauregard at Fort Sumter and Manas sas. Mr. Alcorn was in the Mississippi militia. House of Bepresentatives. . Schuyler Colfax., of Indiana, Speaker. Edward McPherson, of Pennsylvania, Clerk. Maine — John Lynch, Sidney Perham, James G. Blaine, John H. Rice, Frederick A. Pike. New Hampshire — Gil-man Marston, 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, Nathaniel P. Banks, George S. Bout well, John D. Baldwin, William B. Washburn, Henry L. Dawes. Rhode Island — Thomas A. Jenckes, Nathan F. Dixon. Connecticut — Henry C. Deming, Samuel L. War ner, Augustus Brandegee, John H. Hubbard. New York— Stephen Taber, Tennis G. Bergen, James Humphrey*, Morgan Jones, Nelson Taylor, Henry J. Raymond, John W.Chanler, J ames Brooksf, William A. Darling, William Radford, Charles H. Winfield, John H. Ketch am, Edwin N. Hubbell, Charles Goodyear, John A. Griswold, Robert S. Hale, Calvin T. Hulburd, James M. Marvin, Demas Hubbard, Jr., Addison H. Laflin, Roscoe Conkling, Sid-, ney T. Holmes, Thomas T. Davis, Theodore M. Pomeroy, Daniel Morris, Giles W. Hotch- kiss, Hamilton Ward", Roswell Hart, Burt Van Horn, James M. Humphrey, Henry Van Aernam. New Jersey — John F. Starr, William A. Newell, Charles Sitgreaves, Andrew J. Rogers, Edwin R. V. Wright. Pennsylvania — Samuel J. Randall, Charles O'Neill, Leonard Myers, William D.. Kelley, M. Russell Thayer, Benjamin M. Boyer, John M. Broomall, Sydenham E. Ancona, Thaddeus Stevens, Mver Strouse, Philip Johnson, Charles Denison, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, Alexander H. Cof- frothf, Abraham A. Barker, Stephen F. Wil son, Glenni W. Scofield, Charles V. Culver, John L. Dawson, James K. Moorhead, Thomas Williams, George V. Lawrence. Delaware — John A. Nicholson. Mary land— Hiram McCullough, John L. Thomas, Jr., Charles E. Phelps, Francis Thomas, Ben jamin G. Harris. Ohio— Benjamin Eggleston, Rutherford B. Hayes, Robert C. Schenck, William Lawrence, Francis C. Le Blond, Reader W. Clarke, Sam uel Shellabarger, James R. Hubbell, Ralph P. Buckland, James M. Ashley, Hezekiah S. Bundy, William E. Finck, Columbus Delano, Martin Welker, Tobias A. Plants, John A. Bingham, Ephraim R. Eckley, Rufus P. Spald ing, James A. Garfield. Kentucky — Lawrence S. Trimble, Burwoll C. Ritter, Henry Grider, Aaron Harding, Lovell H. Rousseau, Green Clay Smith, George S. Shanklin, William H. Randall, Samuel McKee. *Died Juno 16, 1866. t Unseated April 6, 1866, and William E. Dodge qualified as his successor. J Admitted to a seat on prima fade ciimo February 19, 1866. uly 9.— Committee reported in favor of Wm. H. Koontz, contestant. Indiana -William E. Niblack, Michael 0. Ken- Ralph Hill, John II. Farquhar, George W. Julian, Ebenezer Dumont, Daniel W. voor hees,* Go^iove S. Orth, Schuyler Colfax, Joseph H. Defrees, Thomas N. Stillwell. Illinois — John Wentworth, John F. Farnsworth, ' Ellihu B. Washburne, Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis W. Ross, Anthony Thornton, Samuel S. Marshall", Jehu Baker, Andrew J. Kuykendall, Samuel W. Moulton. Missouri-^ John Hogan, Henry T. Blow, Thomas E. Noell, John R. Kelso, Joseph W. Mc Clurg, Robert T. Van Horn, Benjamin F. Loan, John F. Benjamin, George W. Anderson. Michigan — Fernando C. Beaman, Charles Up son, John W. Longyear, Thomas W. Ferry, Rowland E. Trowbridge, John F. Driggs. Iowa — James F. Wilson, Hiram Price, William B. Allison, Josiah B. Grinnell, John A. Kas son, Asahel W. Hubbard. Wisconsin — HalbertE. Paine, Ithamar C. Sloan, Amasa Cobb, Charles A. Eldridge, Philetus Sawyer, Walter D. Mclndoe. California — Donald C. McRuer, William Higby, John Bidwell. Minnesota — William Windom, Ignatius Don nelly. Oregon — James H. D. Henderson. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, George P.. Latham, Kellian V. Whaley. Nevada — Delos R. Ashley. llembers chosen in the late Insurrectionary States. Alabama — C. C. Langdon, .George C. Freeman, Gen. Cullen A. Battle, Joseph W. Taylor, B. T. Pope, Thomas J. Foster. Arkansas — William Byers, George H. Kyle, James M. Johnson. Florida — F. McLeod. Georgia — Solomon Cohen, Gen. Philip Cook, Hugh Buchanan, E. G. Cabaniss, J. D. Mat thews, J. H. Christy, Gen. W. T. Wofford. Louisiana — Louis St. Martin, Jacob Barker, Robert C. Wickliffe, John E. King, John S. Ray. (Henry C. Warmoth claims seat as delegate, under universal suffrage election.) Mississippi — Col. Arthur E. Reynolds, Obi. Richard A. Pinson, James T. HarrisoD, A. M. West, E. G. Peyton. North Carolina — Jesse R. Stubbs, Charles & Clark, Thomas C. Fuller, Col. Josiah Turner,' Jr., ' Lewis Hanes . S. H. Walkup, Alex. H. Jones. South Carolina — Col. John D. Kennedy, William Aiken, Gen. Samuel McGowan, James Farrow. Tennessee — Nathaniel G. Taylor, Horace May nard, William B. Stokes, Edmund Cooper, William B. Campbell, Samuel M. Arnell, Isaac R. Hawkins, John W. Leftwich. Texas — Virginia-^. H. B. Custis, Lucius H. Chand ler, B. Johnson Barbour, Robert Ridgway, Beverly A. Davis, Alex. H. H. Stuart, Robert Y. Conrad, Daniel H. Hoge. » unseated lreDruary 23, 1866, and Henry D. Wasbbors qualified as his successor; July 18, Mr. Koontz admitted. VOTES IN THE HOUSE ON RESOLUTIONS. 109 MEMORANDUM. Of the Alabama delegation, Mr. Battle was a general in the rebel army, and Mr. Foster a representative in the first and second rebel con- Of the Georgia delegation, Messrs. Cook and Wofford were generals in the rebel service. Of the Mississippi delegation, Messrs. Rey nolds and Pinson were colonels in the rebel service; Mr. Harrison was a member of the rebel provisional congress. . Of the North Carolina delegation, Mr. Fuller was a representative in the first rebel congress, and Mr. Turner was a colonel in the rebel army, and a representative in the second rebel con gress; Mr. Brown was a member of the State convention which passed the secession ordinance in 1861, and voted for it. Of the South Carolina delegation, Mr. Ken nedy was colonel and Mr. McGowan brigadier general in the rebel army ; Mr. Farrow was a representative in the first and second rebel con gresses. Of the Virginia delegation, Messrs. Stuart and Conrad were members of the secession con vention of Virginia, in 1861, and continued to participate after the passage, of the ordinance and the beginning of hostilities. X. VOTES IN THE HOUSE OF REPRESENTATIVES ON VARIOUS POLITICAL DECLARATORY RESOLUTIONS. Payment of the Public Debt. December 5, 1865 — Mr. Samuel J. Randall. offered this resolution : Resolved, That, as the sense of this House, the public debt created during the late rebellion was contracted upon the faith and honor of the nation ; that it is saored and inviolate, and must and ought to be paid, principal and interest ; that any attempt to repudiate or in any manner to impair or scale the said debt shall be univer sally discountenanced, and promptly rejected by Congress if proposed. Which was agreed to — yeas 162, nays 1, as follow : Vba8 — Messrs. Alley, Allison, Ames, Ancona, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin^ Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, Boyer, Brandegee, Bromwell, Broomall, Buck- land, Bundy, Chanter, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Culver, Darling, Davis, Dawes, Dawsonj^efrees, Delano, Deming, Denison, Dixon, Donnelly, Driggs, Dumont, Eokley, Eggleston, Eliot, Farns worth, Farquhar, Ferry, Finck, Garfield, Glossbrenner, Goodyear, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Hogan, Holmes, Hooper, Hotohkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, Edwin N. Hubbell, James R. Hubbell, Hulburd, James Humphrey, James M. Humphrey, Ingersoll, Jeuckes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, Lafiin, Latham, George V. Lawrence, William Lawrencp, Loan, Longyear, Marston, Marvin, MoClurg, McCullough, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, Newell, Niblack, Nicholson, Noell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy, Price, Radford, Samuel J. Randall, William H. Randall, Raymond, Alexander H. Rice, Rogers, Rollins, Ross. Saw yer, Sohenck, Scofield, Shanklin, Shellabarger, Sitgreaves, Sloan, Smith, Spalding, Starr, Stevens, StillwoU, Strouse, Taber, Thayer, Francis Thomas, John L. Thomas, jr., ZTiorntore, Trowbridge, Upson, Burt Van Horn,Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth. Whaley, Williams, Wilson, Windom, Winfield, Wright— 162, Nat — Mr. Trimble. Not Votisg — Messrs. Broolcs, Eldridge, Grider, Aaron Harding, Le Blond, Lynch, MarsliaU, John H. Rice, Ritter, Taylor, Van Aernam, R. T. Van Horn, S. F. Wilson, F. E. Woodbridge— 14 " Treason Ought to be Punished." December 14, 1865 — Mr. Henderson, of Ore gon, submitted the following resolution : Resolved, That treason against the United States Government is a crime that ought to be punished. Mr. Hale moved it be laid on the table which was disagreed to ; and, under the previous ques tion, it was then passed— yeas 153, nays none, as follow : Teas — Messrs. Alley, Ames, Ancona, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, lAyer, Bromwell, Brooks, Broomall, Buckland, Bundy, Reader XV. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar ling, Davis, Dawes, Dawson, Defrees, Deming, Denison, Dixon, Donnelly, Driggs, Eckley, Eggleston, Eldridge, Eliot, Far- quhar,Ferry, Finck,Glossbrenner,Grider, Grinnell, Griswold, Halo, Aaron Harding, Abner C. Harding, Hart, Hayes, Hen derson, Higby, Hogan, Holmes, Hooper, Ilotehkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, Edwin N. Hubbell, JaraeB R. Hubbell, Hul- buril, James Humphrey, James M. Humphrey, Ingersoll, Jonckes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, George V. Lawrence, William Law rence, Le Blond, Loan, Longyear. Lynch, Marshall, Marston, Marvin, McClurg, McCullough, Mclndoe, McKee, McRuer, Mercur, Moorhead, Morrill, Moitib, Myoi-:, Nicholson, Noell, O'Neill, Orth, Paine, Perham, Pike, Plants, Price, Radford, Samuel J. Randall, William H. Randall, Alexander H. Rice, John H. Rice, Ritter, Rogers, Rollins, Ros*, Rousseau, Saw yer, Soofield, Shamlalin, Shellabarger, Sitgreaves, Sloan, Smith, Spalding, Starr, Stevens, Strouse, Taber, Tayloi', Thayer, John L.Thomas, jr., Thornton, Trimble, Trowbridge, Upson, Van Aernam, Burt Van Horn, Voorhees, Ward, War ner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Winfield, Woodbridge — 153. Nats — None. Representation of the late so-called Confed erate States. December 14, 1865— Mr. James F. Wikon submitted this resolution : Resolved, That all papers which may be offer ed relative to the representation of the late so-called Confederate States of America, or either of them, shall be referred to the joint committee 110 POLITICAL MANUAL. of fifteen without debate, and no members shall be admitted from either of said so-called States, until Congress shall declare such States or either of them entitled to representation. Which was passed — yeas 107, nays 56, as fol low : Teas— Messrs. Alloy, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Defrees, De ming, Dixon, Donnelly, Driggs, Eckley, Eliot, Ferry, Grin nell, Abner 0. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H.^Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuy kendall, Lafiin, George V. Lawrence, William Lawrence, Loan, Longyear, Marston, Marvin, McClurg, Mclndoe, Mc Kee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, Alexander H. Rice, John H. Rice, Rol lins, Sawyer, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F.Wilson, Stephen F. Wilson, Windom— 107. Nats — Messrs. Ancona, Bergen, Blow, Boyer, Brooks, Darling, Davis, Dawson, Denison, Eldridge, Farquhar, Finck, Glossbrenner, Grider, Griswold, H&le,'Harding, Hill, Hogan, Edwin N. Hubbell, James R. Hubbell, James Humphrey, James M. Humphrey, Johnson, Kasson, Kerr, Latham, Le Blond, Marshall, Niblack, Nicholson, Noell, Phelps, Rad ford, Samuel J. Randall, William H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Stillwell, Strouse, Taber, Taylor, Francis Thomas, John L. Thomas, jr., Thornton, Trimble, Voorhees, Whaley, Winfield, Wright- 06. Elective Franchise in the States. December 18, 1865 — Mr. Thornton submitted this resolution : Whereas, at the first movement toward inde pendence, the Congress of the United States in structed the several States to institute govern ments of their own, and left each State to decide for itself the conditions for the enjoyment of the elective franchise ; and whereas during the period of ihe confederacy there continued to exist a very great diversity in the qualifications of elec tors in the several States ; and whereas the Con stitution of the United States recognizes these diversities when it enjoins that in the choice of members of the House of Representatives the electors in each State shall have the qualifications requisite for the electors of the most numerous branch of the State legislatures ; and whereas, after the formation of the Constitution, it re mained, as before, the uniform usage of each State to enlarge the body of its electors according to its own judgment ; and whereas so fixed was the reservation in the habits of the people, and so unquestioned has been the interpretation of the Constitution, that during the civil war the late President never harbored the purpose, certainly never avowed the purpose, of disregarding it : Therefore, Resolved, That any extension of the elective franchise to persons in the States, either by act of the President or of Congress, would be an as sumption of power which nothing in the Consti tution of the United StateB would warrant, and that, to avoid every danger of conflict, the settle ment of this question should be referred to the several States. Mr. Ellihu B. Washburne moved that it be laid on the table ; which was agreed to — yeas 111, nays 46, as follow : Teas— Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blow, Boutwell, Brandegee, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Conkling, Cook, Darling, Dawes, Defrees, Delano, Deming, Dixon, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Garfield, Grinnell, Hale, Abner 0. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss. AsahelW. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Jenckes. Julian, Kelley, Kelso, Ketcham, Laflin, Latham, George V Lawrence, William Lawrence, Loan, Longyear, Lynch, Mar ston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Moulton, Myers, Newell, O'Neill, Paine, Patterson, Perham, Pike, Plants, Price, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, ' Stevens, Thayer, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F'. Wilson, Stephen F. Wilson— 111. Nats — Messrs. Ancona, Bergen, Boyer, Bromwell, Brooks, Chanter, Dawson, Denison, Eldridge, Farquhar, Finck, Good- year, Grider, Aaron Harding, Hill. Hogan, Chester 0. Hubbard, Edwin D. Hubbell, Ingersoll, Johnson, Kerr, Kuy kendall, Marshall, McCullough, Niblack, NichoUon, N6e% Orth, Radford, Samuel J. Randall, William II. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreooes, Smith;, Stillwell, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Wright- 46. February 26, 1866— Mr. Defrees offered this resolution, which was laid over : Resolved, That it is the opinion of this House that Congress has no constitutional right to fix the qualification of electors in the several May 21 — It was referred to the Committee on the Judiciary — yeas 86, nays 30. The nays were : Messrs. Ancona, Dawson, Defrees, Denison, Eldridge, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Kuyken* dall, George V. Lawrence, Le Blond, McCuUough, Niblacki Nicholson, Samuel J. Randall, Ritter, Rogers, Ross, Sit greaves, Stillwell, Taber, Taylor, Henry D. Washburn, Wit* field, Wright— SO. Test Oath. December 18, 1865 — Mr. Hill submitted this resolution : Resolved, That the act of July 2, 1862, pre scribing an oath to be taken and subscribed by persons elected or appointed to office under the Government of the United States before enter ing upon the duties of such office, is of binding force and effect on all departments of the public service, and should in no instance be dispensed with. Mr. Finck moved that it be tabled ; which was disagreed to — yeas 32, nays 126, as follow: Teas — Messrs. Ancona, Bergen, Boyer, Brooks, Chanter^. Dawson, Denis'n, Eldridge, Finck, Grider, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Johnson, Kerr, Latham;' Marshall, McCullough, Niblack, Nicholson, Noell, Samuel J, RandaU, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Strouse, Taber, Thornton, Trimble — 32. Nats — MesBrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Driggs, Dumout, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hub bard, Demas Hubbard, jr., John H. Hubbard, James B.' Hubbell, Hulburd, James Humphrey, Ingersoll, Jenokes, Julian, Kasson, Kolley, Kelso, Ketcham, Knykenuall, Laf lin, George V, Lawrence, William Lawrence, Loan, Long- year, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, McRuer; Mercur, Miller, Moorhead, Morrill, Myers, Newell, O'Neill, Orth, Paino, Patterson, Perham, Phelps, Pike, Plants, Price, William H. Randall, Raymond , Alexander H . Rice, John H. Rice, Rollins, Rousseau, Sawyer, Schenok, iicofleld, Shellabarger, Smith, Spalding. Starr, Stevens, Stillwell, Thayer, John L. Thomas, Trowbridge, Upson, Van VOTES IN THE HOUSE ON RESOLUTIONS. Ill Aernam, Burt Van Horn, Robert T. Van Horn, Ward, War ner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson— 125. It then passed. Test Oath for Lawyers. January 15, 1866 — Mr. Stevens offered this resolution : Resolved, That the Committee on the Judi ciary be instructed to inquire into the expedi ency of so amending the act of January 24, 1865, relative to the test oath, as to allow attorneys- at-law to practice their profession without taking said oath, on an equal footing with the mem bers of all other professions. Which was agreed to — yeas 82, nays, 77, as follow : Teas — Messrs. Alley, Ames, Ancona, Bergen, Blow, Boyer, Brooks, Buckland, Bundy, Chanter, Cobb. Cook, Darling, Davis, Dawson, Denison, Driggs, Eldridge, Farquhar, Ferry, Finck, Gtossbrenner,Goodyear,Grider, Griswold, Hale, Aaron Harding, Abner C. Harding, Higby, Hill, Hogan, Hooper, John H. Hubbard, Edwin N. Hubbell, James R. Hubbell, James Humphrey, James M. Humphrey, Ingersoll, Johnson, Kasson. Kerr, Kuykendall, Latham, George V. Lawrence, Le Bland, Marshall, Marston, Marvin, McCullough, McRuer, Miller, Moorhead, Niblack, Nicholson. Noell, Orth, Phelps, Pike, Plants, Pomeroy, Price, Radford, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Sawyer, Shanklin, Sitgreaves, Smith, Stevens, Stillwell, Strouse, Taber, Taylor, Thayer, Francis Thomas, Tliornton, Trimble, Trowbridge, Winfield — 82. Nats — Messrs. Allison, Anderson, Delos R. ABhley, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Ben- iamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Jromwell, Reader W. Clarke, Sidney Clarke, Conkling, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Eck ley, Eggleston, Eliot, Farnswortll, Grinnell, Hart, Hayes, Henderson, Holmes, Asahel W. Hubbard, Demas Hub bard, jr., Hulburd, Jenckes, Juliau, Kelley, Kelso, Laf lin, William Lawrence, Loan, Longyear, Lynch, McClurg, McKee, Mercur, Morrill, Morris, Moulton, O'Neill, Paine, Perham, Randall, Alexander H. Rice, John H. Rice, Rollins, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, John L. Thomas, jr., Upson, Van Aernam, Burt Van Horn, Ward, Ell ihu B. Washburne, William B. Washburn, Welker, Williams, James F. Wilson, Windom, Woodbridge— 77. Endorsement of the President's Policy. December 21, 1865 — Mr. Voorhees submitted these resolutions, which were postponed till January 9, 18,66 : Resolved, That the message of the President of the United States, delivered at the present Congress, is regarded by this body as an able and patriotic State paper. 2. That the principles therein advocated for the restoration of the Union are the safest and most practicable that can now be applied to our disordered domestic affairs. 3. That no State, or any number of States confederated together, can in any manner sunder their connection with the Federal Union, except by a total subversion of our present system of government; and that the President in enuncia ting this doctrine in his late message has but given expression to the sentiments of all those who deny the right or power of a State to secede. 4. That the President is entitled to the thanks of Congress and the country for his faithful, wise, and successful efforts to restore civil gov ernment, law, and order to those States whose citizens were lately in insurrection against the federal authority ; and we hereby pledge our selves to aid, assist, and uphold him in the policy which he has adopted to give harmony, peace, and union to the country. January 9 — Mr. Bingham offered this sub stitute : Resolved, That this House has an abiding con fidence in the President, and that in the future, as in the past, he will co-operate with Congress in restoring to equal position and rights with the other States in the Union all the States lately in insurrection. Mr. Bingham moved to refer the resolutions and the substitute to the Committee on Recon struction ; which was agreed to— yeas 107, nays 42, as follow : Teas — Messrs. Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Davis, Dawes, Defrees, Deming, Donnelly, Driggs, Eggleston, Eliot, Ferry, Garfiold, Grin nell, Hale, A. C. Harding, Hart, Hayee, Henderson, Higby, Hill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hub bard, John H. Hubbard, James R. Hubbell, Hulburd, Inger soll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, William Lawrence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moor head, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Piko, Plants, Price, Alex ander H. Rice, John H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Smith, Spalding, Stevens, Stillwell, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Warner, Ellihu B. Washburne, William B. Wash burn, Welker, Williams, S. F. Wilson, Windom— 107. Nats —Messrs. Ancona, Bergen, Boyer, Brooks, Chanter, Darling, Dawson, Denison, Eldridge, Glossbrenner, Grider, Aaron Harding, Hogan, J. M. Humphrey, Kerr, Le Blond, Marshall, Niblack, Nicholson, Noell, Radford, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Strouse, Taber, Taylor, Voorhees, Winfield, Wright—^. Withdrawal of Military Force. January 8, 1866 — Mr. Thos. Williams submit ted this resolution : Resolved, That in order to the maintenance of the national authority and the protection ol the loyal citizens of the seceding States, it is the sense of this House that the military forces of the Government should not be withdrawn from those States until the two Houses of Congress shall have ascertained and declared their further presence there no longer necessary. Which was passed — yeas 94, nays 37, as follow : Teas — Messrs. Ames, Anderson, Delos R. Ashley, Baker, Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Defrees, Deming, Donnelly, Driggs, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hubbard, Chester D. Hubbard, John H. Hubbard, .Tamos R. Hubbell, Hulburd, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuykendall, Laflin, William Law rence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, O'Neill, Orth, Paine, Patterson, Plants, Price, Alexander H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, Thayer, Trowbridge, UpBon, Van Acr- man, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, Welker, Williams, Stephen F. Wil son, Windom — 94. Nats — Messrs. Ancona, Bergen, Boyer, Brooks, Chanter, Davis, Dawson, Delano, Denison, Eldridge, Glossbrenner, Grider, A, Hording, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Latham, Le Blond, Marshall, Niblack, Nicholson, Noell, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Smith, SHllweH, Strouse, Taber, Taylor, Voorhees, Winfield, Woodbridge, Wright— 37. The Legal Effect of Rebellion. February 19, 1866 — Mr. Longyear* submitted these resolutions ; ' Resolved, That in the language of the procla- * The first two resolutions were offered at the request of Mr, Bkoomaii, on previous notice. 112 POLITICAL MANUAL. mation of the President of May 29, 1865, "the rebellion which was waged by a portion of the people of the United States against the properly constituted authorities of the Government there of in the most violent and revolting form, but whose organized and armed forces have now been almost entirely overcome, has in its revolu tionary progress deprived the people" of the States in which it was organized " of all civil government." 2. That whenever the people of any State are thus " deprived of all civil government," it becomes the duty of Congress, by appropriate •legislation, to enable them to organize a State government, and in the language of the Consti tution' "to guarantee to such State a republican form of government." 3. That it is the deliberate sense of this House that the condition of the rebel States fully justifies the President in maintaining the sus pension of the writ of habeas corpus in those 4. That it is the deliberate sense of this House that the condition of the rebel States fully justifies the President in maintaining military possession and control thereof, and that the Presi dent is entitled to the thanks of the nation for employing the war power for the protection of Union citizens and the freedmen in those States. Mr. Finck moved they be laid on the table ; which was disagreed to — yeas 29, nays 119, as follow : Teas— Messrs. Ancona, Bergen, Brooks, Chanter, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, James M. Humphrey, Kerr, Le Blond, Marshall, McCullough, Niblack, Nicholson, Radford, Samuel J. Randall, Ritter*, Rogers, Ross, Slianklin, Taber, Tliornton, Trimble, Voorhees — 29. Nats— Messrs. Allison, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benja min, Bidwell, Bingham, Blaine, Boutwell, Bromwell, Broom all, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Deming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield' Grinnell, Griswold, Hale, Abner C. Harding, Hayes, Hen derson, Higby, Holmes, Hooper, Asahel W. Hubbard, Ches ter D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marvin, McClurg, Mclndoe, McKee, Mc Ruer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike Plants, Pomeroy, Price, William H. Randall, Raymond! Alexander H. Rico, John H. Rice, Rollins, Rousseau, Saw yer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spald ing, Starr, Stevens, Thayer, John L. Thomas, Trowbridge Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn' Ward, Warner, Ellihu B. Washburne, William B. Washburn' Welker, Wentworth, Whaley, Williams, JameB F. Wilson' Stephen F. Wilson, Windom, Woodbridge— 119. A division of the question having been de manded, the first resolution was agreed to — yeas 102, nays 36, as follow : Teas— Messrs. Allison, Anderson, Delos R. Ashley. James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman Benja min, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Brom well, Broomall, Reader W. Clarke, Sidney Clarke, Cobb Conkling, Cook, Defrees, Deming, Donnelly, Driggs, Eckley' Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell' Abner C. Harding, Hayes, Henderson, Higby,.Holmes, Hoop er, Asahol W. Hubbard, Demas Hubbard, John H. Hub bard, James R. Hubbell, Hulburd, Ingersoll, Jenckes Ju lian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin William Lawrence, Loan, Longyear, Lynch, Marston, Mar vin, McClnrg, Mclndoe, McKee, McRuer, Moorhead, Mor rill, Morris. Moulton, Myers, O'Neill, Orth, Paine, Perham Pike, Plants, Pomeroy, Price, WHliam H. Randall, Alexan der H. Rice, John II. Rice, Rollins, Schenck, Scofield, Shol- labarger, Sloan, Spalding, Starr, Stevens, Thayer, Trow bridge, Upson, Van Aernam, Ward, Warner, 'Ellihu B Washburne, WiHiam B. Washburn, Wolker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 102. Nays. — Messrs. Ancona, Bergen, Boyer, Brooks, Glianler, Dawson, Eldridge, Finck, Glossbrenner. Goodyear, Grider, Hale, Aaron Harding, Hogan, Chester D. Hubbard, Kerr, Latham, McCullough, Mercur, Niblack. Nicholson, Phelps, Radford, S.imuel J. Randall, Raymond, Rittf.r, Ii- gers, Ross, Rousseau, Shanklin, Smith, Taber, John I,. Thomas, Tliorn ton, Trimble, Whaley-r36. The second resolution was agreed to — yeas 104, nays 33, as follow : Teas — Messrs. Anderson, Delos R. Ashley, James M. Ash ley, Baker, Baldwin, Banks, Baxter, Beaman. Benjamin, Bidwell, Bingham, Boutwell, Brandegee, Bromwell. Broom all, Reader W. Clarke, Cobb, Conkling, Cook", Cullom, De. frees, Deming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Hale, Ab ner C. Harding, Hayes, Henderson, Higby. Holmes, Hoojer, Hotchkiss, Asanel W. Hubbard, Chester D. Hnbbard, Demas Hubbard, John H. Hubbard, James R Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, William Lawrence, Loan, Longyear, Lynch, Marvin, Mc Clurg, Mclndoe, McKee, McRuer, Mercur, Moorhead, Mor rill, Morris, Moulton, Myers, O'Neill, Orth. Paine, Perham, Pike, Plants, Pomeroy, Price. William H. Randall, Alexan der H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Sco field, Shellabarger Sloan, Spalding, Starr, Stevens, ThayeT, John L. Thomas, Trowbridge, Upson, Van Aernaui, Bart Van Horn, Ward, Ellihu B. Washburne, William B. Wash burn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. WilBon, Windom, Woodbridge — 104. Nats— Messrs. Ancona, Bergen, Boyer, Brooks, Chanter, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, Kasson, Kerr, Latham, Le Blond, McCullough. Niblack, Nicholson, Phelps, Radford, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Slianklin, Smith, Taber, Thornton, Trimble, Whaley— 33. The third resolution was agreed to — yeas 120, ' nays 26, as follow : Teas — Messrs. Allison, Anderson, James M. Ashley, Ba ker, Baldwin, Bauks, Baxter, Beaman, Benjamin, Bidwell, bingham, Blaine, Boutwell, Brandegee, Biomwell, Brq'im- all, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hayes, Hen derson, Higby, Holmes, Hooper, Hotchkiss, Chester D Hnb bard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Liv- tham, George V. Lawrence, William Lawrence, Loan, bong- year, Lynch. Marston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Moorhead, Morrill. Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham. Phelps, Pike, Plants, Pomeroy. Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spalding, Starr, Stevens, Thayer, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, H'ar- ner, Ellihu B. Washburne, William B. Washburn, Welder, Wentworth, Whaley, Williams, James F. Wilsou, Stephen F. Wilson, Windom, Woodbridge— 120. Nats — Messrs. Ancona, Bergen, Boyer, Brooks, -Chanter, Dawson, Eldridge, Finck, Glossbrenner. Goodyear, Grider, Aaron Harding, James M. Humphrey, Kerr, Le Blond. Mc Cullough, Newell, Niblack, Radford, Ritter, Rogers, Ross, Slianklin, Taber, Thornton, Trimble — 26. The first clause of the fourth resolution was agreed to — yeas 118, nays 23, as follow: Teas — Mossrs. Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, I jtxter. Beaman, Benjamin. Bidwell, Bingham, Blaine, Boutwoll, Brandegee, Bromwell, BroomoH, Reader W. Clarke, Sidney Clarko, Cobb. Coukling, Cijok, Cnllom, Dawes, Defrees, Deming, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Gariield, Grinnell, Griswold, Hale, Abner C. Harding, Hayos, Henderson, Hig by, Holmes, Hooper, Hotchkiss, Chester D. Hubbard, De mas Hubbard, jr., John H. Hubbard, James It. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClnrg, Mclndoe. Mc Kee, McRuer, Mercur, Moorhead, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Plants, Pomeroy, Price, William H. Randall, Raymond. Alexander H. Rice, John H. Rico, Rollins, Rousseau. Sawvor, Schenck, Scofield, Shellabarger, Sloan, Smith, Starr, Stevens, Thayw, Francis Thomas, John L. Thomas, jr., Trowbridge, Upsi "h Van Aernam, Burt Van Horn, Robert T. Van Horn, Wi I, VOTES IN THE HOUSE ON RESOLUTIONS. 113 Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 118. Nats— Messrs. Ancona, Bergen, Boyer, Brooks, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, James M. Humplirey, McCullough, Niblack, Nicholson, Rad ford, Samuel J. Randall, Ritter, Rogers, Ross, Shanklin, Taber, Thornton, Trimble— 23. The second clause of the fourth resolution was agreed to — yeas 135, nays 8, as follow : Teas — MeBsrs. Allison, Ancona, Anderson, James M. Ash ley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Ber gen, Bidwell, Bingham, Blaine, Boutwell, Boyer, Brandegee, Bromwell, Brooks, Broomall, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom,i?awson. Defrees, Dem ing, Donnelly, Driggs, Eckley, Eggleston, Eldridge, Eliot, . ParnBworth, Farquhar, Ferry, Finck, Garfield, Glossbrenner, Goodyear, Griswold, Hale, Abner C. Harding, Hayes, Higby, Holmes, Hooper, Hotchkiss, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, James M. Humphrey, Ingersoll, Jenckes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence. Le Blond, Loan, Longyear, Lynch. Marston, Marvin, McClurg, Mclndoe, McKee, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Pat terson, Perham, Phelps, Pike, Plants, Pomeroy, Price, Rad ford, Samuel J. Randall, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Rousseau, Saw yer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spald ing, Starr, Stevens, Taber, Thayer, Francis Thomas, John L Thomas , Thornton, Trowbridge, Upson, Van Aernam, Bnrt Van Horn^Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James E. Wilson, Stephen F. Wilson, Windom, Woodbridge — 135. Nats — Messrs. Grider, Aaron Harding, McCullough, Nicholson, Ritter, Rogers, Shanklin, Trimble — 8. Recognition of State government of North Caro lina. March 5, 1866 — The Speakee having proposed to lay before the House a communication signed Jonathan Worth, Governor of North Carolina, Mr. Stevens objected to its reception; and on the question, will the House receive the same, the yeas were 38, nays 100, as follow : Teas — Messrs. Delos R. Ashley, Bergen, Brooks, Chanter, Davis, Denison, Eldridge, Finck, Goodyear, Grider, Hale, Aaron Harding, Hogan, Edwin N. Hubbell, James Humphrey, Kerr, Kuykendall, Latham, Marshall, McRuer, Newell, Nib lack, Nicholson, Noell, Phelps, Radford, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Taber, Taylor, Thornton, Tivmble, Whaley, Winfield.— 38. Nats — Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Bandegee, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Cook, Cullom, Defrees, Deming, Donnelly, Driggs, Dumont, Eckley, Eliot, Farnswnrtb,Farquhar,Ferry,Grinuell, Abner C.Hard ing, Hayes, Henderson, Higby, Iliil, Holme?; Hooper, Hotch kiss, AsaheT W. Hnbbard, Deoias Hnbbard Jr., John H. Hub bard, James R. Hubbell, ITulburd, Ingersoll, Jenckes, Julian, Kelley„Kelso, Ketcbam,William Lawrence, Lynch, Marston, McClutg, McKee, Miller, Morris, Moulton, Myers, O'Neill, Orth, Vaine, Patterson, Perham, Pike, Price, William H. Randall, Alexandar IT. Rice, John H.Itice, Rollins, lawyer, Scheock, Scofield, SehelUbarger, Sloan, Spalding.^Stevens, StilIwell,Thayer, Francis Thomas. John L. Thomas, jr., Trow bridge, Upson; Van Aernam, Burt Van Horn, Robert T. Van Horn, Warner, Ellihu B. Washburne, Henry D. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.— 100. Trial of Jefferson Davis. June 11, 1866 — Mr. Bouiwell offered this reso lution . Whereas it is notorious that Jefferson Davis was the leader of the late rebellion, and is guilty of treason under the laws of the United States ; and whereas by the proclamation of _ the Presi dent of May, 1865, the said Davis was charged with complicity in the assassination of President Lincoln, and said proclamation has not been re voked nor annulled : Therefore, 8 Be it resolved, As the opinion of the House of Eepresentatives, that said Davis should be held in custody as a prisoner, and subjected to a trial according to the laws of the laud. Which was agreed to — yeas 105, nays 19, a? follow : Teas— Messrs. Alley, Allison, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell, Bingham, Blaine, Boutwell, Bromwell, Buckland, Bundy, Reader W. Clarke Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davie, Dawos, Defrees, Donoelly, Eekloy, Eliot, Farnsworth, Far- - quhar, Ferry, Garfield, Grinnell, Griswold, Halo, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Chester D. Hubbard, John K. Hubbard, Tames R. Hubbell, Julian, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawronco, Loan, Longyear, Lynch, Marshall, Marvin, McClurg, McKee, Mc Ruer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike, Plants, Pomeroy, Price, William II. Randall, Raymond, Alexandor H. Rico, Sawyer, Schenck, Scofield, Shellabarger, Sloan. Smith, Spalding. Thayer, John L Thomas, Thornton, Trow bridge, Upson, Van Aernam, Ward, Warner, Henry D Washburn, Welker, Whaley, Williams, James F. Wilson Stephen F. Wilson, Windom, Winfield, Woodbridge— 105. Nats — Messrs. Ancona, Boyer, Coffroth, Eldridge, Finck, Glossbrenner, Grider, Harris, Hogan, Johnson, McCullough, Niblack, Samuel J. Randall, Ritter, Rogers, Sitgreaves, To ber, Trimble, Wright— 19. Neutrality— The Fenians. June 11, 1866 — Mr. Ancona offered this reso lution : Whereas the Irish people and their brothers and friends in this country are moved by a patriotic purpose to assert the independence and re-establish the nationality of Ireland; and whereas the active sympathies of the people of the United States are naturally with all men who struggle to achieve such ends, more especi ally when those engaged therein are the acknow ledged friends of our Government, as are the Irish race, they having shed their blood in de fense of our flag in every battle of every war in which the republic has been engaged ; and where as the British Government, against whom they are struggling, is entitled to no other or greater consideration from us as a nation than that de manded by the strict letter of international law, for the reason that during our late civil war she did in effect, by her conduct, repeal her neu trality laws; and whereas when reparation is demanded fbr damages to our. commerce, result ing from her willful neglect to enforce the same, she arrogantly denies all responsibility, and claims to be the judge in her own case; and whereas the existence of our neutrality law- of 1818 compels the executive department of this Government to discriminate most harshly against those who have • ever heen and are now our friends, and in favor of those who have been faithless, not only to the general principles of comity which should exist between friendly States, but also to the- written law of their own nation upon this subject: Therefore, Be it resolved, That the Committee on Foreign Affairs be, and they are hereby, instructed to report a bill repealing an act approved April 20, 1S18, entitled "An act in addi tion to an act for the punishment of certain crimes against the United States," and to repeal the act therein mentioned, it being the neutrality law, under the terms' of which the Presidents proclamation against the Fenians was issued;. Mr. Davis, ot New York, moved to lay it oa 114 POLITICAL MANUAL. the table, which was lost — yeas 5, (Messrs. Cobb, Davis, Grinnell, Hale, Trowbridge,) nays 112. Mr. Schenck moved this as a substitute : Resolved, That the President of the United States, in the opinion of this House, should re consider the policy which has been adopted by him as between the British Government and that portion of the Irish people who, under the name of Fenians, are struggling for their independent nationality ; and that he be requested to adopt as nearly as practicable that exact course of pro cedure which was pursued by the Government of Great Britain on the occasion of the late civil war in this country between the United States and rebels in revolt, recognizing both parties as lawful belligerents, and observing between them a strict neutrality. Mr. Hale moved to table it; which was lost — yeas 8, (Messrs. Cobb, Davis, -Dawes, Dodge, Griswold, Hale, Sloan, Trowbridge,) nays 113. Mr. Banks moved to refer to the Committee on Foreign Affairs, stating that if referred the committee would report upon it. The motion was agreed to — yeas 87, nays 35, as follow : ,' Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell, Bingham, Blaine, Boutwell, Bromwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Dawes, Defrees, Delano, Dodge, Driggs. Eckley, Farnsworth, Farquhar, Grinnell, Han-is, Hart, Hayes, Holmes, Demas Hubbard, Edwin N. Hubbel], Jenckes, Jones, Kasson, Kel ley, Kuykendall, Laflin, Latham, George V. Lawrence, Wil liam Lawrence, Longyear, Marvin, McClurg, McKee; Mc Ruer, Mercur, Miller, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike, Plants, PriiJe, William H. Randal], Raymond, Alexander H. Rice, John H. Rice, Ross, Rousseau, Sawyer, Schenck, Scofield, Shella barger, Sloan, Spalding, Thayer, Trowbridge, TJpson, Ward, Welker, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 87. Nats — Messrs. Ancona, Bergen, Boyer, Chanter, Goffroth, Darling, Davis, Dumont, Eldridge, Finck, Glossbrenner, Grider, Hale, Aaron Harding, Hogan. James M. Humphrey, Johnson, Kerr, Ketcham, McCuU--ntgh, Niblack, Pomeroy, Samuel J. Randall, Ritter, Rogers, Sitgreaves. Smith, Still- well, Strouse, Taber, Taylor, Thornton, Trimble, Wmfield, Wright-36. XI. VOTES ON SUFFRAGE IN THE DISTRICT OF COLUMBIA AND OTHER POLITICAL BILLS. Suffrage in District of Columbia. In House. January 10, 1866 — Pending this bill, offered by Mr. .Kelley, December 5, 1865, and reported from the Judiciary Committee by Mr. James F. Wilson, December 18, and then postponed till this day:A Bill .extending the right of suffrage in the District of Columbia. Be it enacted, &c, That from all laws and parts of laws prescribing the qualifications of electors for any office in -the District of Columbia the word " white " be, and the same is hereby, stricken out, and that from and after the passage of this act no person shall be disqualified from voting at any election feeld in the said District on account of color. Sec. 2. That all acts of Congress and all laws of the State of Maryland :in force in said District and all ordinances of the cities of Washington and Georgetown inconsistent with the provisions of this act are hereby repealled and annulled. After debate, Mr. Wilson moved its recommit ment. Mr. Hale moved to amend by adding these words : with instructions to amend the bill so as to extend the right of suffrage in the District of Columbia to all persons coming within either of -the following classes, irrespective of caste or color ,.but subject only to existing provisions and qualifications other than those founded on caste or color, to wit : First. Those who can read the Constitution oi the United States. Second. Those who are assessed for and pay taxes on real or personal property within the District. Third. Those who have served in and been honorably discharged from the military or naval service of the United States, and to restrict such right of suffrage to the classes above named, and to include proper provisions excluding from the right of suffrage those who have borne arms against the United States during the late rebel lion, or given aid or comfort to said rebellion. January 17, 18G6 — Mr. Wilson accepted Mr. Hale's amendment as part of his. January 18 — Mr. Darling moved to postpone the bill till April 3. • Mr. Niblack moved to lay the bill on the table, which was disagreed to — yoas 47, nays 123, a?' follow : Teas— Messrs. Ancona, Dolos R. Ashley, Bergen, Buyer, Brooks, Clumler, Dawson, Denison, Eldridge, Finck, Glott- brenner, Goodyear, Grider, Aaron Harding, Hogan, Chester D. Hubbard, Edwin N. HubbeU, James M. Humphre), John son, Jones, Kerr, Kuykendall, Latham, Le Blond, Marshall, McCullough, Niblack, Nicholson, Noell, Phelps, Radford. Samuel J. Randall, William H. Randall, Ritter, Rogeri. Ross, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, John L. Thomas, jr., Thornton, Trimble, Voorhees, Win field— 47. Nats— Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beatnai:, VOTES ON SUFFRAGE. 115 Bidwell, Bingham, Blaine, Blow, Boutwell, Braudegee, Brom well, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes. Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Perry, Garfield, Grinnell, Griswold, Halo, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Asahel W. Hub bard, Demas Hubbard, jr., John II. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McKee, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Pai ne, Patterson, Perham, Pike, Plants, Pome roy, Price, Raymond, Alexander H. Rice, John II. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert "T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welkor, Wentworth, Williams, James F. Wil son, Stephen F. Wilson, Windom, Woodbridge — 123. Mr. Darling modified his motion so as to post pone until the first Tuesday. in March, which was disagreed to — yeas 34, nays 138, as follow : Teas — Messrs. Anderson, Banks, Conkling, Darling, Davis, Defrees, Eggleston, Farquhar, Ferry, Griswold, Hale, Hart, Henderson, Hill, Hogan, Jas. Humphrey, Kasson, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, Marvin, Mercur, Miller, Orth, Phelps, William H. Randall, Raymond, Smith, Stillwell, John L. Thomas, jr., Trimble, Robert T. Van Horn— 34. Nats — Messrs. Alley, Allison, Ames, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, Boyer, Brandegee, Bromwoll, Brooks, Broomall, Bundy, Chanter, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Dawes, Dawson, Doming, Denison, Dixon, Donnelly, Driggs, Eckley, Eldridge, Eliot, Farnsworth, Finck, Garfield, Glossbrenner, Goodyear, Grider, Grinnell, Aaron Harding, Abner C. Harding, Hayes, Higby, Holmes, Hooper, A. W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, Edwin N. Hubbell, Hulburd, James M. .Humphrey, Ingersoll, Jenckes, Johnson, Jones, Julian, Kel ley, Kelso, Kerr, William Lawrence, Le Blond, Loan, Long- year, Lynch, Marshall, Marston, McClurg, McCuUough, Mc Kee, Moorhead, Morrill, Morris, Moulton, Myers, Niblack, Nicholson, Noell, O'Neill, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, Radford, Samuel J. Randall, Alex ander H. Rice, John H. Rice, Ritter, Rogers, Rollins, Ross, Sawyer, Schenck, Scofield, Shanklin, Shellabarger, ,S'i'(- greaves, Sloan, Spalding, Starr, Stevens, Strouse, Taber, Toy- J&r, Thayer, Francis Thomas, Thornton, Trowbridge, Upson, Tan Aernam, Burt Van Horn, Voorhees, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Went worth, Williams, James F .Wilson, Stephen P. Wilson, Win dom, Winfield, Woodbridge— 138. The question recurring on Mr. Wilson's motion to commit with instructions, Mr. Schenck moved to strike from the proposed instructions these words : " Those who are assessed for and pay taxes on real or personal property within the district ;" which was agreed to. The motion to recommit as amended, was then disagreed to — yeas 53, nays, 117, as follow : Teas — Messrs. Anderson, Banks, Blow, Brandegee, Brom well, Buckland, Reader W.Clarke, Conkling, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Driggs, Eckley, Eggleston, Ferry, Griswold, Hale, Hart, Hayes, Henderson, Hooper, Hulburd, James Humphrey, Jenckes, Kasson, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Longyear, Marvin, Miller, Moorhead, Morris, Myers, O'Neill, Plants, Raymond, Alexander II. Rice, Schenck, Stillwell, Trowbridge, Burt Van Horn, Robert T. Van Horn, Warner, William B. Washburn, Woodbridge — 63. Nats — Messrs. Alley, Allison, Ames, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Bout well, Boyer, Brooks, Broomall, Bundy, Clianler, Clarke, Cobb, Cook, Cullom, Dawson, Denison, Donnelly, Eldridge, Eliot, Farnsworth, Farquhar, Finck, Garfield, Glossbrenner, Good- mar, Grider, Grinnell, Aaron Harding, Abner C. Harding, Higby, Hill, Hogan, Holmes, Asahel W. Hubbard, Chester D. Hnbbard, Demas Hub" ard, jr., John H. Hubbard, Edwin N. Hubbell, James M. Humphrey, Ingersoll, Johnson, Jones, Julian, Kelley, Kelso, Kerr, Le Blond, Loan, Lynch, Mar shall, Marston, McClurg, McCuVaugh, McKee, Mercur, Mor rill, Moulton, Niblack, Nicholson, Noell, Orth, Paine, Patter- Bon, Perham, Phelps, Pomeroy, Price, Radford, Samuel J. Bandall, William H. Randall, John H. Rice, Ritter, Rogers, Bollins, Ron, Sniryer, Scofield, Shanklin, Shellabarger, Sit- greaves, Sloan, Smith , Spalding, Starr, Stevens, Strause, Taoer, Taylor, Thayer, Francis Thomas, John L. Thomas, jr., Thorn ton, Trimble, Upson, Van Aernam, Voorhees, Ward, Ellihu B. Washburne, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Winfield— 117. The bill was then passed — yeas 116, nays 54, as follow : Yeas— Messrs. Alley, Allison, Ames, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis. Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Hale, Abner 0. Harding, Hart, Hayes, Higby, Holmes, Hooper, Asahel W. Hubbard, Demas Hubbard, jr., John H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mercur, Miller, Moor head, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham. Pike, Plants, Pomeroy, Price, Raymond, Alexander H, Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, Jamos F. Wilson, Stephen F. Wilson, Windom, Woodbridgo— 116. Nats — Messrs. Ancona, Anderson, Delos R. Ashley, Ben jamin, Bergen, Boyer, Brooks, Chanter, Dawson, Denison, Eldridge, Farquhar, Finck, Glossbrenner, Goodyear, Grider, Harding, Henderson, Hill, Hogan, Chester D. Hubbard, Ed win N. Hubbell, James M. Humphrey, Johnson, Jones, Kerr, Kuykendall, Latham, Le Blond, MarsliaU, McCullough, Mc Kee, Niblack, Nicliolson, Noell, Phelps, Radford, Samuel J. Randall, William II. Randall, Ritter, Rogers, Rost, Shank lin, Sitgreaves, Smith, Stillwell, Strouse, Taber, Taylor, Thornton, Trimble, Robert T. Van Horn, Voorhees, Winfield — 54. Ik Senate. June 27, 1866— The bill, as reported «o the Senate from its committee amended, wa3 con sidered, the pending question being Mr. Mor rill's motion to insert in the first section the words in brackets, below : That from and after the passage of this act, each and every male person, excepting paupers and persons jmder guardianship, of the age of twenty-one years and upwards, who has not been convicted of any infamous crime, or offence, and who is a citizen of the United States, and who shall have resided in the said district for the period of six months previous to any elec tion therein, [and excepting persons who may have voluntarily left the District of Columbia to give aid and comfort to the rebels in the late rebellion,] shall be entitled to the elective fran chise, and .shall be deemed an elector and enti tled to vote at any election in said District, without any distinction on account of color or race. Mr. Morrill moved further to amend by in serting, also, after " therein," the words " and who can read the Constitution of the United States in the English language, and write his name ;" which was disagreed to — yeas 15, nays 19, as follow : Teas — Messrs. Anthony, Cragin, Edmunds, Fessonden, Fos ter, Harris, Kirkwood, Morrill, Pc land, Pomeroy, Sherman, Trumbull, Wade, Willey, Williams— 15. Nats — Messrs. Brown, Buckalew, Conness, Davis, Grimes, Guthrie, Hendricks, Howard, Howe, Morgan, Norton, Nye, Ramsey, Sprague, Stewart, Sumner, Van Winkle, Wilson, Tates— 19. Mr. Willey offered this substitute for the bill : In all elections to be held hereafter in the District of Columbia, the following described persons, and those only, shall have the right to vote, namely : first, all those persons who were actually residents of said District and qualified 116 POLITICAL MANUAL. to vote therein at the elections held therein in the year 1865, under the statutes then'in force ; second all persons residents of said District who have been duly mustered into the military or naval service of the United States during the late rebellion, and have been or shall hereafter be honorably discharged therefrom ; third, male citizens of the United States who shall have at tained the age of twenty-one years, (excepting paupers, persons non compotes mentis, or con victed of an infamous offence,) and who, being residents of the ward or district in which they shall offer to vote, shall have resided in said District for the period of one year next preced ing any election, and who shall have paid the taxes assessed against them, and who can read, and who can write their names. No further vote has been taken up to date of putting this page to press. v West Virginia Bill. February 6, 1866 — The House passed a joint resolution giving the consent of Congress to the transfer of Berkeley and Jefferson counties to West Virginia — yeas 112, nays 24 ; (the latter all Democrats except Mr. Baker.) The Senate passed it, March 6 — yeas 32, nays 5.— Mr. John- ton, of Maryland, voted aye ; the other Demo crats, voting, voted nay. Extending the Homestead Act. In House. February 7, 1866 — A bill providing that all the public lands in Alabama, Mississippi, Louis iana, Arkansas, and Florida, shall be disposed of according to the stipulations of the home stead law of 1862, no entry to be made for more than eighty acres, and no discrimination to be made on account of race or color, and the min eral lands to be reserved, was considered. Mr. Taber moved to add this proviso : And provided, also, That nothing in this act shall be so construed as to preclude such persons as have been or shall be pardoned by the Presi dent of the United States for their participation in the recent rebellion from the benefit of this act. Which was disagreed to — yees '37, nays 104, as follow : Yeas — Messrs. Delos R. Ashley, Bergen, Boyer, Brooks, Buckland, Chanter, Eldridge, Finck, Glossbrenner, Grider, Aaron Harding, Hogan, Chester D. Hubbard, Edwin N. Hubbell, James M. Humphrey, Kerr, Latham, Le Blond, Marshall, McCullough, McRuer, Niblack, Nicholson, Noell, Phelps, Ritter, Rogers, Ross, Slianklin, Sitgreaves, Strouse, Taber, Taylor, Thayer, Thornton, Trimble, Voorhees— -37. Nats— -Messis. Alley, Allison, Ames, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow,. Biutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggles ton, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Hale, Abner 0. Harding, Hart, Hayes, Higby, Hill, Hooper, Hotchkiss, Demas Hubbard, jr., John H. Hubbard, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Kuykeudall, Laflin, George V. Lawreuce, William Lawrence, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, Mercur, Miller, Moor head, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Price, William H. Randall, Alex ander H. Rico, John H. Rice, Rollins, Sawyer, Schenck, Sloan, Smith, Spalding, Starr, Stevens, Trowbridge, Upson, Van Aernam, Burt van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Wood- bridge — 104. . February 8— The bill passed — yeas 112, nays 29; the latter alb Democrats, except Messrs. Driggs and Latham. The bill as finally passed provided that until January 1, 1867, any person applying for tha benefit of the act shall, swear "that he has not borne arms against the United States, or given .aid and comfort to its enemies " Habeas Corpus. In House. March 20 — The bill to amend an act entitled " An act relating to habeas corpus, and regulat ing judicial proceedings in certain cases," ap proved March 3, 1863, was passed — yeas 113, nays 31, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke. Conkling.'Cook, Cullom, Delano, Deming, Dixon, Driggs. Dumont, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield. Grinnell, Abner C. Harding, Hart, Hayes, Hender son, Hill, Holmes, Hooper, Asahel W. Hnbbard, Chester D Hubbard, Demas Hubbard,jr., John II. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence. William Lawrouce, Loan, Lynch, Marston, Marvin, McClurg McKee, McRuer, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, Newell, Noell, O'Neill, Orth, Paine, Perham, Phelps, Pike, Plants, Price, William H. Randall, Raymond, John H. Rice, Rollins, Rousseau, Sawyer, Scofield, Shella barger, Sloan, Smith, Stevens, Stillwell, Thayer, Trowbridge. UpBon, Van Aernam, Burt Van Horn, Robert T. Van Hornj Ward, Warner, Ellihu B. Washburne, William B. Wash burn, Welker, Wentworth,, Whaley, Williams, James F. Wilson, Windom, Woodbridge — 113. Nats — MeBsrs. Ancona, Bergen, Boyer, Brooks,. Chanter, Cojfroth, Dawson, Eldridge, Glossbrenner, Grider, Hale, Aa ron Harding, Hogan, Edwin N. Hubbell, James M, Hum phrey, Jones, Kerr, Le Blond, Marshall, McCullough, Nich olson, Samuel J. Randall, Ritter, Rogers, Ross, Sitgreaves, Strouse, Taber, T/iornton, Trimble, Winfield — 31. In Senate. April 20 — The bill passed — yeas 30, nays 4, as follow : Yeas — Messrs. Anthony, Chandler, Clark, Conness, Cra gin, Doolittle, Edmunds, Foster, Henderson, Howard, Howe, Johnson, Kirkwood, Lane of Indiana, Morgan, Norton, Nye, Poland, Pomeroy, Ramsey, Sprague, Stewart, Sumnor, Trum bull, Van Winkle, Wade, Willey, Williams, Wilson, Yates- 30. Nats — Messrs Buckalew, Guthrie, Hendricks, Saulsbury No Denial of the Eleotive Franchise on Account of Color. In House. 1866, May 15— Pending the bill to amend the organic acts of the territories of Nebraska, Col orado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and New Mexico, of which this is the ninth section : " That within the territories aforesaid there shall be no denial of tho elective franchise to citizens of the United States becauso of race or color, and all persons shall be equal beforo the law. And all acts or parts of acts, either of Congress or the legislative assemblies of the ter ritories aforesaid, inconsistent with the pro visions of this act, are hereby declared null and void." Mr. Le Blond moved to strike it out, which was disagreed to — yeas 36, nays 76, as follow : POLITICAL AND MILITARY MISCELLANEOUS. 117 ?&>¦— Messrs Ancona, Delos R. Ashley, Bergen, Boyer, Chanter, Dawson, Denison, Eldridge,- Finck, Glossbrenner, Goody&ir, Grider, Aaron:- Harding, Chester D. Hubbard, Edwin N. Hubbell, Kerr, Kuykendall, Latham, Le Blond, Marshall, Niblack, Nicholson, Pholps, William H. Randall, Ritter, Rogers, Ross, Rousseau, Slianklin, Sitgreaves, Strouse, Taber, Taylor, Trimble, Whaley, WmglU— 36. Nats — Messrs. Allison, Ames, Anderson, James M. Ash ley, Baker, Baldwin, Banks, Baxtor, Blaine, Blow, Bout well, Brandegee, Broomall, Sidney Clarke, Cook, Cullom, Darling, Davis, Dawes, Deming, Donnelly, Dumont, Eggles ton, Farnsworth, Ferry, Garfield, Griswold, Hart, Hayes, Higby, Holmes, Hooper, Hotchkiss, Asahel \V. Hubbard, De mas Hubbard, John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, McRuer, Mercur, Millor, Moorhead, Morrill, Orth. Paine, Patterson, Perham, Pike, Plants, Price, Rollins, Sawyer, Spalding, Thayer, Francis Thomas, Van Aernam, Burt Van Horn, Ward, War- , ner, Ellihu B. Washburne, William B. Washburn, Welker, Williams, James P. Wilson, Stephen E. Wilson, Win dom— 76. The bill then passed — yeas 79, nays 43. In Senate. June 29 — The bill was considered but not voted on. XII. POLITICAL AND MILITARY MISCELLANEOUS. i Union National Platform, June, 18S4. Resolved, That it is the highest duty of every American citizen to maintain against' all their enemieB the integrity of the Union and the par amount authority ot the Constitution and laws of the United States ; and that, laying aside all differences of political opinions, we pledge our selves, as Union men, animated by a common sentiment and aiming at a common object, to do everything in our power to aid the Government in qu'elling by force of arms the Eebellion now raging against its authority, and in bringing to the punishment due to their crimes the Rebels and traitors arrayed against it. - Resolved, That we approve the determination of the Government of the United States not to compromise with Rebels, or to offer them any ^erms of peace, except such as may be based upon an unconditional surrender of their hostility and a return to their just allegiance to the Constitu tion and laws of the United States, and that we call upon the Government to maintain this posi tion, and to prosecute the war with the utmost possible vigor to the complete suppression of the Eebellion, in full reliance upon the Belf-sacrifi- l»ng patriotism, the heroic valor, and the undying devotion of the American people to the country and its free institutions. Resolved, That as Slavery was the cause, and now constitutes the strength of this Rebellion, and as it must be, always and everywhere, hos tile to the principles of Republican Government, justice, and the National safety demand its utter and complete extirpation from the soil of the Re public ; and that, while we uphold and maintain the acts and proclamations by which the Govern ment, in its own defence, has aimed a death-blow at this gigantic evil, we are in favor, further more, of such an amendment to the Constitution, to be made by the people in conformity with its provisions, as shall terminate and forever pro hibit the existence of Slavery within the limits or the jurisdiction of the United States. Resolved, That the thanks^f the American people are due to the soldiers and sailors of the Army and Navy, who have periled their lives in defence of their country and in vindication of the honor of its flag ; that the nation owes to them some permanent recognition of their patri otism and their valor, and ample and permanent provision for those of their survivors who have received disabling and honorable wounds in the service of. the country ; and that the memories of those who have fallen in its defence shall be held in grateful and everlasting remembrance. Resolved, That we approve and applaud the practical wisdom, the unselfish patriotism, and the unswerving fidelity to the Constitution and the principles of American Liberty, with which Abraham Lincoln has discharged, under circum stances of unparalleled difficulty, the great duties and responsibilities of the Presidential office ; that we approve and endorse, as demanded by the emergency and essential 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 secret foes ; that we approve, especial ly, the Proclamation of Emancipation, and the employment as Union soldiers of men heretofore held in slavery ; and that we have full confi dence in his determination to carry these and all other Constitutional measures essential to the salvation of the country into full and complete effect. Resolved, That we deem it essential to the general welfare tbat harmony should prevail in the National Councils, and we rigard as worthy of public confidence and official trust those only who cordially endorse the principles proclaimed in these resolutions, and which should charac terize the administration of the Government. Resolved, That the Government owes to all men employed in its armies, without regard to distinction of color, the full protection of the laws of war ; and that any violation of these laws, or of the usages of civilized nations in time of war, by the Rebels now in arms, should be made the subject of prompt and full redress. Resolved, That foreign immigration, which in the past has added so much to the wealth, devel opment of resources, and increase of power to 118 POLITICAL MANUAL. this nation — the asylum of the oppressed of all nations — should be fostered and encouraged by a liberal and just policy.. Resolved, That we are in favor of the speedy construction of the Railroad to the Pacific coast. Resolved, That the National faith, pledged for the redemption of the public debt, must be kept inviolate, and that for this purpose we recom mend economy and rigid responsibility in the public expenditures, and a vigorous and just system of taxation ; and that it is the duty of every loyal State to sustain the credit and pro mote the use of the National currency. Resolved, That we approve the position taken by the Government 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 ; and that they will view with ex treme jealousy, as menacing to the peace and independence of their own country, the efforts of any such' power to obtain new footholds for Monarchical Governments, sustained by foreign military force, in near proximity to the United States. Democratic National Platform, August, 1864. Resolved, That in the future, as in the past, we will adhere with unswerving fidelity to the Union under the Constitution as the only solid foundation of our strength, security and happi ness as a people, and as a framework of govern ment equally conducive to the welfare and pros perity of all the States, both northern and southern. Resolved, That this convention does explicitly declare, as the sense of the American people, that after, four years of failure to restore the Union by the experiment of war, during which, under the pretence of a military necessity, or war power higher than the Contitution, the Constitution itself has been disregarded in every part, and public liberty and private right alike trodden down and the material prosperity of the country essentially impaired— justice, hu manity, liberty and the public welfare demand that immediate efforts be made for a cessation of hostilities, with a view to an ultimate conven tion of the States, or other peaceable means, to the end that at the earliest practicable moment peace may be restored on the basis of the Fed eral Union of the States. Resolved, That the direct interference of the military authorities of the United States in the recent election* held in Kentucky, Maryland, Missouri, and Delaware, was a shameful viola tion of the Constitution; and a repetition of such acts in the approaching election will be held as revolutionary, and resisted with all the means and power under our control. Resolved, That the aim and objectof the Dem ocratic party is to preserve the Federal Union and the rights of the States unimpaired; and they hereby declare that they consider that the administrative usurpation of extraordinary and dangerous powers not granted by the constitu tion ; the subversion of the civil by military law in States not in insurrection ; the arbitrary mili tary arrest, imprisonment, trial and sentence of American citizens in States where civil law ex-! ists in full force ; the suppression of freedom of speech and of the press ; the denial of the right of asylum ; the open and avowed disregard of State rights ; the employment of unusual test' oaths, and the interference with and denial of the right of the people to bear arms in their de fence, is calculated to prevent a restoration of the Union and the perpetuation of a government) deriving its just powers from the consent of tho governed. Resolved, That the shameful disregard of the Administration to its duty in respect to our fel» low-citizens who now are, and long have been, prisoners of war in a suffering condition, de,T serves the severest reprobation, on the score alike of public policy and common humanity. Resolved, That the sympathy of the Demo cratic party is, heartily and earnestly extended to the soldiery of our army and sailors of our navy, who are, and have been in the field and on the sea, under the flag of their country ; and, in the event of its attaining power, they will receive all the care, protection, and regard that the brave soldiers and sailors of the Republic have so nobly earned. Call for a National Union Convention, 1866. A National Union Convention, of at least two delegates from each congressional district of all the States, two from each Territory, two from the District of Columbia, and four delegates at large from each State, will be held at the city of Phila delphia, on the second Tuesday (14th) of August next. Such delegates will be chosen by the electors of the several States who sustain the Administration in maintaining unbroken the Union of the States under the Constitution which our fathers estab lished, and who agree in the following proposi tions, viz : The Union of the States is, in every case, in dissoluble, and is perpetual ; and the Constitu tion of the United States, and the laws passed by Congress in pursuance thereof, supreme, and con stant, and universal in their obligation ; The rights, the dignity, and the equality of the States in the Union, including the right of rep resentation in Congress, are solemnly guaranteed by that Constitution, to save which trom over throw so much blood and treasure were expended in the late civil war ; There is no right anywhere to dissolve the Union or to separate States from the Union, either by voluntary withdrawal, by force of arms, or by Congressional action ; neither by the secession of the States, nor by the exclusion of their loyal and qualified representatives, nor by the National Government in any other form ; Slavery is abolished, and neither can, nor ought to be, re-established in any State or Territory within our jurisdiction • Each State has the undoubted right to pre scribe the qualifications of its own electors, and no external power rightfully can, or ought to, dictate, control, or influence the free and volun tary action of the States in the exercise of that right; The maintenence inviolate of tho rights of tho States, and especially of the right of each State POLITICAL AND MILITARY MISCELLANEOUS. 119 to order and control its own domestic concerns, iccording to its own judgment exclusively, sub ject only to the Constitution of 'the United States, is essential to that balance of power on which the perfection and endurance of our political fabric depend, and the overthrow of that system by the usurpation and centralization of power in Congress would be a revolution, dangerous to re publican government and destructive of liberty ; Each House of Congress is made by the Con stitution the sole judge of the elections, returns, and qualifications of its members ; but the exclu sion of loyal Senators and Representatives, prop erly chosen and qualified under the Constitution and laws, is unjust and revolutionary ; Every patriot should frown upon all those acts and proceedings everywhere, wnich can serve no other purpose than to rekindle the animosities of war, and the effect of which upon our moral, social, and material interests at home, and upon our standing abroad, differing only in degree, is injurious like war itself ; The purpose of the war having been to pre serve the Union and the Constitution by putting down the rebellion, and the rebellion naving been suppressed, all resistance to the authority of the General Government being at an end, and the war having ceased, war measures should also cease, and should be followed by measures of peaceful administration, so that union, har mony, and concord may be encouraged, and in dustry, commerce,- and the arts of peace revived and promoted ; and the early restoration of all the States to the exercise of their constitutional powers in the national Government is indis pensably necessary to the strength and the de fence of the Republic, and to the maintenance of the public credit ; All such electors in the thirty-six States and nine Territories of the United States, and in the District of Columbia, who, in a spirit of patriot ism and love for the Union, can rise above per sonal and sectional considerations, and who desire to see a truly National Union Convention, Which shall represent all the States and Terri tories of the Union, assemble, as friends and brothers, under the national flag, to hold coun sel together upon the state of the Union, and to take measures to avert possible danger from the same, are specially requested to take part in the choice of such delegates. But no delegate will take a seat in such con vention who does not loyally accept the national situation and cordially endorse the principles above set forth, and who is not attached, in true allegiance, to the Constitution, the Union, and ' the Government of the United States. Washington, June 25, 1866. A. W. Randall, President. J. R. Doolittle, O. H. Browning, Edgar Cowan, Charles Knap, Samuel Fowler, Executive Committee National Union Club. We recommend the holding of the above con vention, and endorse the call therefor. Daniel S.Noeton, James Dixon, J. W. Nesmith, T. A. Hendricks, Address of Democratic Congressmen, 1866. To the People of the United States : Dangers threaten. The Constitution- -the citadel of our liberties — is directly assailed. The future is dark, unless the people will come to the rescue. In this hour of peril National Union should be the watchword of every true man. As essential to National Union we must main tain unimpaired the rights, the dignity, and the equality of the States, including the right ol representation in Congress, and the exclusive right of each State to control its own domestic concerns, subject only to the Constitution of tho United States. After a uniform construction of the Constitu tion for more than half a century, the assump tion of new and arbitrary powers in the Federal Government is subversive of our system and de structive of liberty. A free interchange of opinion and kind feeling between the citizens of all the States is necessary to the perpetuity of the Union. At present eleven States are excluded from the national council. For seven long months the present Congress has persistently denied any right of representation to the people, of these States. Laws, affecting their highest and dearest inter ests, have been passed without their consent, and in disregard of the fundamental principle of free government. This denial of representation has been made to all the members from a State. although the State, in the language of the Presi dent, " presents itself, not only in an attitude of loyalty and harmony, but in the persons of rep resentatives whose loyalty cannot be questioned under any existing constitutional or legal test." The representatives of nearly one-third of the States have not been consulted with reference to the great questions of the day. There has been no nationality surrounding the present Congress. There has been no intercourse between the repre sentatives of the two sections, producing mutual confidence and respect. In the language of the distinguished lieutenant general, " It is to be regretted that, at this time, there cannot be a greater commingling between the citizens of the two sections, and particularly of those intrusted with the law-making power. ' This state of things should be removed at once and forever. Therefore, to preserve the National Union, to vindicate the sufficiency of our admirable Con stitution, to guard the States from covert at tempts to deprive them of their true position in the Union, and to- bring together those who are unnaturally severed, and for these great national purposes only, we cordially approve the call for a National Union Convention, to be held at the city of Philadelphia, on the second Tuesday (14th) of August next, and endorse the princi pies therein set forth. We, therefore, respectfully, but earnestly, Urge upon our fellow-citizens in each State and Territory and congressional district in the Uni ted Slates, in the interest of Union and in a spirit of harmony, and with direct roference to the principles contained in said call, to act promptly in the selection of wise, moderate, and conservative men to represent them, in said Con- 120 POLITICAL MANUAL. vention, to the end that all the States shall at once be restored to their practical relations to the Union, the Constitution be maintained, and peace bless the whole country. W. E. Niblack, Anthony Thornton, Michael C. Kerr, G. S. Shanklin, Garrett Davis, H. Grider, Thomas E. Noell, Samuel J. Randall, Lewis W. Ross, Stephen Taber, J. M. Humphrey, John Hogan, B.- M. Boyer, Teunis G. Bergen, Chas. Goodyear, Chas. H. Winfield, A. H. Coffroth, Lovell H. Rousseau, Philip Johnson, Chas. A. Eldridge, Reverdy Johnson, Thos. A. Hendricks, Wm. Wright, James Guthrie, J. A. McDougaU, Wm. Radford, S S. Marshall, Myer Strouse, Chas. Sitgreaves, S. E Ancona, E. N. Hubbell, B. C. Ritter, A. Harding. A. J. Glossbrenner, E. R. V. Wright, A. J. Rogers, H. McCullough, F. C. Le Blond, W. E. Finck, L. S. Trimble, John L. Dawson. Washington, July 4, 1866. The Elections of 1866. New Hampshire — Smyth, Union, 35,018 ; Sin clair, Democrat, 30,176. Connecticut — Hawley, Union, 43,974, ; Eng lish, Democrat, 43,433. Rhode Island — ¦ Burnside, Union, 8,197 ; Pierce, Democrat, 2,816. Oregon — Wood, Union, 327 majority. At the special election in Connecticut, in the fall of 1865, on suffrage, the vote stood : . For colored suffrage, 27,217 ; against, 33,489. majority against, 6,272. In West Virginia, a vote was taken in May, on ratifying this constitutional amendment : " No person who, since the 1st day of June, 1861, has given or shall give voluntary aid or assistance to the rebellion against the United States, shall be a citizen of this State, or be al lowed to vote at any election held therein, un less he has volunteered into the military or naval service of the United States, and has been or shall be honorably discharged therefrom." The majority in its favor is- 6,922. In the Territory of Nebraska, a vote was taken, with this result : For the proposed State constitution, 3,938 ; against it, 3,838. Congress — Marquette, Union, 4,110 ; Brooke, Democrat, 3,- 974. Governor — Butler, Union, 4,093 ; Morton, Democrat, 3,948. Correspondence between General Grant and Gen eral Lee. April 7, 1865. Gen. R. E. Lee, Commanding C. S. A.: General ; The result of the last week must convince you of the hopelessness of further re sistance on the part of the Army of Northern Virginia in this struggle. I feel that it is bo, and regard it as my duty to shift from myself the responsibility of any furthf-r effusion of blood, by asking of yoi' the surren ler of that portion of the Confederate States army known as the Ariny'- of Northern Virginia. Very respectfully, your obedient servant, U. S. Grant, Lieut. Q-en., *s Commanding Armies of the United Stalei. April 7, 1865. ,' General: I have received your note of thii date. Though not entirely of the opinion yoiii. express of the hopelessness of the further resist ance on the part of the Army of Northern Vir ginia, I reciprocate your desire to avoid a useless effusion of blood, and therefore before considering your proposition I ask the terms you will offer on condition of its surrender. R. E. Lee, General. To Lieut. Gen. Grant, Commanding Armies of the United States. April 8, 1865. General R. E. Lee, Commanding C. S. A.: General: Your note of last evening, in reply to mine of same date, asking conditions on which' I will accept the surrender of the Army of North ern Virginia, is just received. In reply I would say that peace being my first desire, there is but one condition I insist upon, viz: That the men surrendered shall be disqual-, ified for taking up arms again against the Govern ment of the United States, until properly ex changed. I will meet you, or designate officers' ; to meet any officers you may name, for the same :, purpose, at any point agreeable to you, for the . purpose of arranging definitely the terms uponvi which the surrender of the Army of Northern.) Virginia will be received. ; pish the interview to take place, will meet me. Very respectfully, your obedient servant, U. S. Grant, Lieut. Gen., Commanding Armies of United States. Appomattox C. H., April 9, 1865. General R. E. Lee, Commanding C. S. A. .- In accordance with the substance of my letter to you of the 8th instant, I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit : Rolls of all the officers and men to be made in duplicate, one copy to be given to an officer designated by me, the other to be retained by such 'officer or officers as you may designate. The officers to give their individual paroles not to take arms against the Government of the United States until properly exchanged, and each company or regimental commander sign a like parole for the men of their commands. The arms, artillery, and public property to be parked and stacked, and turned over to the officers ap pointed by me to receive them. This will not embrace the side-arms of officers, nor their pri vate horses or baggage. This done, each officer and man will be al lowed to return to their homes, not to be dis turbed by United States authority so long as they observe their parole and the laws in force where they may reside. Very respectfully, U. S. Grant, Lieut. Gen. Headq'rs Army of Northern Virginia, April 9, 186.5. Lieut. Gen. U. S. Grant, Com'g U. S. Armies ¦ General : I have received your letter of this date containing the terms of surrender of the Army of Northern Virginia, as proposed by you. As they are substantially the same as those expressed in your letter of the 8th instant, they are accepted. I will proceed to designate the proper officer to carry the stipulations into Very respectfully, your obedient servant, R. E. Lee, General. The other Rebel armies subsequently surren dered on substantially the same terms. Agreement between Generals Sherman and Johnston. Memorandum, or Basis of Agreement, made this 18th day of April, A. D. 1865, near Durham's Station, in the State of North Carolina, by and between General Joseph E. Johnston, commanding Confederate army, and Major General William T. Sherman, commanding Army of the United States, both being present : 1. The contending armies now in the field to maintain the status quo, until notice is given by the commanding general of any one to its oppo nent, and reasonable time, say forty-eight hours, allowed. 2. The Confederate armies now in existence to be disbanded and conducted to their several State capitals, therein to deposit their arms and public property in the State arsenal, and each officer and man to execute and file an agreement to cease from- acts of war, and to abide the action of both State and Federal authorities. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washing ton city, subj ect to the future action of the Con gress of the United States, and in the meantime to be used solely to maintain peace and order within the borders of the States respectively. 3. The recognition by the Executive of the United States of the several State governments, on their officers and legislatures taking the oath prescribed by the Constitution of the United States ; and where conflicting State governments have resulted from the war, the legitimacy of all shall be submitted to the Supreme Court of the United States. 4. The re-establishment of the Federal Courts in the several States, with powers as defined by the Constitution and laws of Congress. 5. The people and inhabitants of all these States to be guaranteed, so far as the Executive can, their political rights and franchise, as well as their rights of person and property, as defined by the Constitution of the United Slates, and of the States respectively. 6. The Executive authority of the Govern ment of the United States not to disturb any of the people by reason of the late war, so long as they live in peace and quiet, and abstain from acts of armed hostility, and obey the laws in existence at the place of their residence. 7. In general terms, the war to cease, a gen eral amnesty, so far as the Executive of the United States can command, on the condition of the disbandment of the Confederate armies, dis- 122 POLITICAL MANUAL. tribution of arms, and the resumption of peace able pursuits by the officers and men hitherto composing such, armies. Not being fully em powered by our respective principals to fulfil these terms, we individually and officially pledge ourselves to promptly obtain an answer thereto, and to carry out the above programme. w. T. Sherman, Maj. Gen., Commanding Army U. S. in N. C. J., E. Johnston, General, Commanding C. S. A. in N. C. The following official dispatch to the Asso ciated Press gives the particulars of its disap proval, and the supposed reasons therefor : Washington, April 22. — Yesterday evening a bearer of despatches arrived from General Sher man. An agreement for a suspension of hos tilities, and a memorandum of what is called a basis for peace, had been entered into on the 18th inst., by General Sherman with the rebel General Johnston, the rebel General Breckin ridge being present at the conference. A Cabinet meeting was held at 8 o'clock in the evening, at which tie action of General Sher man was disapproved by the President, the Sec retary of War, by General Grant, and by every member of the Cabinet. General Sherman was ordered to resume hos tilities immediately, and he was directed that the instructions given by the late President, in the following telegram, which was penned by Mr. Lincoln himself, at the Capitol, on the night of the 3d of March, were approved by President Andrew Johnson, and were reiterated to govern the action of military commanders.. On the night of the 3d of March, while Presi dent Lincoln and his Cabinet were at the Capi tol, a telegram from General Grant was brought to the Secretary of War, informing him that General Lee had requested an interview or con ference to make an arrangement for terms of peace. The letter of General Lee was published in a message of Davis to the rebel Congress. General Grant's telegram was submitted to Mr. Lincoln, who, after pondering a few minutes, took up his pen and wrote with his own hand the following reply, which he submitted to the Secretary of State and Secretary of War. It was then dated, addressed, and signed by the Secre tary of War, and telegraphed to General Grant : Washington, March 3, 1866, 12 P. M.— Lieu tenant General Grant : The President directs me to say to you that he wishes you to have no conference with General Lee, unless it be for the capitulation of General Lee's army, or on some minor and purely military matter. He instructs me to say that you are not to decide, discuss, or confer upon any political question. Such ques tions the President holds in his own hands, and will submit them to no military conferences or conventions. Meantime, you are to press to the utmost your military advantages. Edwin M. Stanton, Secretary of War. After the Cabinet meeting last night, General Grant started for North Carolina to direct opera tions aga.inst Johnston's army. Edwin M. Stanton, Secretary of War. It is reported that this- proceeding of General Sherman was disapproved for the following,' among other, reasons : 1. it was an exercise of. authority not vested in General Sherman, and on its face shows that both he and Johnston knew that General Sher? man had no authority to enter into any suqh arrangement. ;: 2. It was a practical acknowledgment of the rebel government. i. 3. It undertook to re-establish the rebel State governments that had been overthrown- at :the sacrifice of many thousand loyal lives and im? mense treasure, and placed the arms and muni tions of war in the hands of the rebels at their. respective capitals, which might be used as soon as the armies of the United States were dis banded, and, used to conquer and subdue the loyal States. 4. By the restoration of rebel authority in their respective States they would be enabled to re-establish slavery. 5. It might furnish a ground of responsibility by the Federal Government to pay the rebel debt, and certainly subjects the loyal citizens of rebel States to debt contracted by rebels in the State. 6. It would put in dispute the existence of loyal State governments, and the new State of West Virginia, which had been recognized; by every department of the United States Govern ment. 7. It practically abolished the confiscation laws, and relieved the rebels, of every degree, who had slaughtered our people, from all paiiw and penalties for their crimes. 8. It gave terms that had been deliberately;' repeatedly, and solemnly rejected by President Lincoln, and better terms than the rebels had ever asked in their most prosperous condition. 9. It formed no basis of true and lasting peace, but relieved the rebels from the pressure of our victories, and left them in condition to renew their efforts to overthrow the United States Government and subdue the loyal State! whenever their strength was recruited and any opportunity should offer. General Grant's Orders. [General Orders, No. 3.] War Department, Adjutant General's Office, Washington, January 12, 1866. TO protect persons against improper civil suits and penalties in late rebellious STATES. Military division and department commanders, whose commands embrace or are composed of any of the late rebellious States, and who have not already done so, will at once issue and en force orders protecting from prosecution or suits in the State, or municipal courts of such State, all officers and soldiers of the armies of the United States, and all persons thereto at tached, or in anywise thereto belonging, subject to military authority, charged with offences for acts done in their military capacity, or pur> suant to orders from proper military authority; and to protect from suit or prosecution all loyal citizens, or persons charged with offences dono POLITICAL AND MILITARY* MISuELLAffEOUa. 121 dgainat the rebel forces, directly or indirectly, during the existence of the rebellion ; and all persons, their agents and employes, charged with the occnpancy of abandoned lands or plantations, or the possession or custody of any kind of property whatever, who occupied, used, pos sessed, or controlled the same pursuant to the order of the President, or any of the civil or military departments of the Government, and to protect them from any penalties or damages that may have been or may be pronounced or adjudged in said courts in any of such cases ; and also protecting colored persons from prose cutions in any of said States charged with of fences for which white persons are not prosecuted or punished in the same manner and degree. . By command of Lieutenant General Grant: E. D. Townsend, Assistant Adjutant General. SUPPRESSION OF DISLOYAL NEWSPAPEES. r; .Headquarters Armies of United States, Washington, Feb. 17, 1866. " You will please send to these headquarters as soon as practicable, and from time to time there after, such copies of newspapers published in your department as contain sentiments of dis loyalty and hostility to the Government in any 6f its branches, and state whether such paper is habitual in its utterance of such sentiments. The persistent publication of articles calculated to keep up a hostility of feeling between the people of different sections of the country can not oe tolerated. This information is called for with a view to their suppression, which will be done from these headquarters only. ',. By order of Lieutenant General Grant : T. S. Bowers, Assistant Adjutant General. Democratic Convention of Penn., March 5, 1866. The Democracy of Pennsylvania, in Convention met, rec ognizing a crisis in the affairs of the Republic, and esteem ing the immediate restoration of the Union paramount to all other issues, do resolve : 7 lal That the States, whereof the people were lately in rebellion, are integral parte of the Union and are entitled to representation in Congress by men duly elected who bear true faith to the Constitution and laws, and in order to vindicate the maxim that taxation without representation is tyranny, such representatives should be forthwith ad mitted. 2. That the faith of the Republic is pledged to the pay ment of the national debt, and Congress should pass all laws necessary for that purpose. 3. That we owe obedience to the Constitution of the United States, (including the amendment prohibiting sla very), and under its provisions will accord to those emanci pated all their rights of person and property. 4. That each State has the exclusive right to regulate tho qualifications of its own electors. 5. That the white race alone is entitled to the control of the Government of the Republic, and we are unwilling to grant the negroes the right to vote. 6. That the bold enunciation of tha principles of the Constitution and the policy of restoration contained in the recent annual message and Freedmen's Bureau veto mes sage of President Johnson entitle him to the confidence and support of all who respect the Constitution and love their country. -7. That the nation owes to the brave men of our armies and navy a debt of lasting gratitude for their heroic services in defence of the Constitution and the Union; and that while we cherish with a tender .affection the memories of the fallsn, we pledge to their widows and orphans the na tion's care and protection. 8. That we urge upon Congress the duty of equalizing the boun ties of our soldiers and sailors. The following was also adopted : Resolved, That the thank* of tho Democracy of Pennsyl vania be Undsred to the How. Charleb R. Buckalew and Hon. EdgHr Cowan, for their patriotic support of the Presi dent's restoration policy : and that such thanks are due to all thp democratic members of Congress for their advocacy of the restoration policy of President Johnson. Union Convention of Pennsylvania, March 7. 2. That the most imperative duty of the present is to gather the legitimate fruits of the war, In order that our onetitution may come out of the rebellion purified, our institutions strengthened, and our national life prolonged. 3. That failure in these grave duties would be scarcely less criminal than would nave been an acquiescence in secession and in the treasonable machinations of the con spirators, and would be an insult to every soldier who took up arms to save the country. 4. That filled with admiration at the patriotic devotion and fearless courage with which Andrew Johnson resisted and denounced the efforts of the rebels to overthrow the National Government, Pennsylvania rejoiced to express her entire confidence in his character and principles, and appre ciation of his noble conduct, by bestowing her suffrage upon him for the second position in honor and dignity in the country. His bold and outspoken denunciation of the crime of treason, his firm demands for the punishment of the guilty offenders, and his expressions of thorough sympathy with the friends of the Union, secured for him the warmest attachment of her people, who, remembering his great ser vices and sacrifices, while traitors and their sympathizers alike denounced his patriotic action, appeal to him to stand firmly by the side, and to repose upon the support, of the loyal masses, whose votes formed the foundation of his pro motion, and who pledge to him their unswerving support in all measures by which treason shall be stigmatized, loyalty recognized, and the freedom, stability, and unit" of the Na tional Union restored. 5. That the work of restoriojr the late insurrectionary States to their proper relations to the Union necessarily devolves upon the law-making power, and that until such action Bhall be taken no State late'v in insurrection is enti tled to representation in either branch of Congress; that, as preliminary to such action, it is the right of Congress to investigate for itself the condition of the legislation of those States, to inquire respecting their loyalty, and to prescribe the terms of restoration, and that to deny this necessary constitutional power is to deny and imperil one of the dearest rights belonging to our representative form of gov ernment, and that we cordially approve of the action of the Union representatives in Congress from Pennsylvania on this subject. 6. That no man who has voluntarily engaged in the late rebellion, or has held office under the rebel organization, should be allowed to sit in the Congress of the Union, and that the law known as the test oath should not be repealed, but should be enforced against all claimants for seats in Congress. 7. That the national faith is sacredly pledged to the pay ment of the national debt incurred in the war to save the country and to suppress rebellion, and that the people will not suffer this faith to be violated or impaired ; but all debts incurred to support the rebellion were unlawful, void, and of no obligation, and shall never be assumed by the United States, nor shall any State be permitted to pay any evi dences of so vile and wicked engagements. 15. That in this crisis of public affairs, full of grateful recollections of his marvellous and memorable services on the field of battle, we turn to the example of unfaltering and uncompromising loyalty of Lieutenant General Grant with a confidence not less significant and unshaken, because at no period of our great struggle has his proud name been associated with a doubtful patriotism, or used for sinister purposes by the enemies of our common country. 17. That the Hon. Edgar Cowan, Senator from Pennsyl vania, by his course in the Senate of the United States, has disappointed the hopes and forfeited the confidence of those to whom he owes his place, and that he is hereby most earnestly requested to resign. The following resolution was offered as a substitute for the fourth resolution, but after some discussion was with drawn : That, relying on the well-tried loyalty and devotion of Andrew Johnson to the cause of the Union in the dark days of treason and rebellion, and remembering his patriotic conduct, services, and sufferings, which in times past en deared his name to the Union party; and now reposing full confidence in his ability, integrity, and patri-IIsm, ws express the hope and confidence that the policy of his Ad ministration will be so shaped and conducted as to save tha nation from the perils which still surround it. The fourth resolution was then adopted— yeas 109, nays 21. 124 POLITICAL MANUAL 0©Tioral Grant's Order for the Protection of Cit izens. Headquarters op the Army, Adjutant General's Office, Washington, July 6, 1866. [General Orders, No. 44.] Department, district, and post commanders in the States lately in rebellion are hereby directed to arrest all persons who have been or may hereafter be charged with the com mission of crimes and offences against officers, agents, citi zens, and inhabitants of the United States, irrespective of color, in cases where the civil authorities have failed, neg lected, or are unable to arrest and bring such parties to trial, and .to detain them in military confinement until such time as a proper judicial tribunal may be ready and willing to try them. A strict and prompt enforcement of this order ib required. By, command of Lieutenant General Grant: E. D. Townsend, Assisumt Adjutant General. Unconditional Union Convention of Maryland, June 6, 1866. Resolved, That the registered loyal voters of Maryland will listen to no propositions to repeal or modify the regis try law, which was enacted in conformity with the provis ions of the constitution, and must remain in full forco until such time as the registered voters of the State shall decree that the organic law shall be changed. 2. That the loyal people of the State are "the legitimate guardians and depositaries of its power," and that the dis loyal *' have no just right to complain of the hardships of a law which they have themselves deliberately provoked." 3. That it is the opinion of this convention, that if dis loyal persons should be registered, it will be the duty of judges of election to administer the oath prescribed by the constitution to all whose loyalty maybe challenged, and, in the language of the constitution, to "carefully exclude from voting" all that are disqualified. 4. That we cordially endorse the reconstruction policy of Congress, which excludes the leaders of the rebellion from all offices of profit or trust under the National Government, and places the basis of representation on the only just and honest principle, and that a white man in Virginia or South Carolina should have just as milch representative power, and no more; thana white man in Pennsylvania or Ohio. 6. That the question of negro suffrage ib not an issue in the State of Maryland, but is raised by the enemies of the Union prtrty for .the purpose of dividing and distracting itj and by this means to ultimately enable rebels to*vote. 6. That we are pledged to the maintenance of the pres ent constitution of Maryland, which expressly and em phatically prohibits both rebel suffrage and negro suffrage, and we are equally determined to uphold the registry law, which disfranchises rebels and excludes negroes from voting, and have no desire or intention of rescinding or abolishing either the constitution or the registry law. 7. That we warn the Union men of. Maryland "that no Union man, high or low, should court the favor of traitors, as they can never win it— from the first they have held him as their enemy, and to the last they will be his; and that they should eBchew petty rivalries, frivolous jealousies, and self-seeking cabals; so shall they save themselves fall ing one by one, an unpitied sacrifice, in a contemptible struggle." > The vote upon the adoption of each resolution was unani mous, with the exception of the sixth resolution, upon which a division was called, and the result showed 54 yeas to 14 nays. The resolutions were then read as a whole, and adopted nnanimotuly as the utterance of the Convention. Convention of Soutnern Unionists. To the Loyal Unionists of the South : The great issue is upon us 1 The majority in Congress, and its supporters, firmly declare that " the rights of the citizen enumerated in the Constitution, and established by the supreme law, must be maintained inviolate." Rebols a.jd rebel sympathizers assert that " the rights of the citizen must be left to the States alone, and under such regulations as the respective States choose voluntarily to prescribe." We have seen this doctrine of State sovereignty carried out in its practical results until all authority in Congress was denied, the Union temporarily destroyed, .the constitti« tional rights of the. citizen of the South nearly annihilated,. and the land desolated by civil war. The time has come when the restructure of Southern State government must be laid on constitutional principles, or the despotism, grown up under an atrocious leadership, be permitted to remain. We know of no other plan than that Congress, under its constitutional. powers. Bhall now exercise its authority to establish the principle whereby protection is made coextensive with citizenship. We maintain that no State, either by its organic law or legislation can make transgression on the rights of the citizen legitimate. We demand and ask you to concur in demanding protection to every citizen of the great Republic on the basis of equality before tho law ; and further, that no State government Bhould .be recognized as legitimate under the Constitution in so far as it does not: by its organic law make impartial protection full and complete. Under the doctrineof" State sovereignty," with rebels in the foreground, controlling Southern, legislatures, and em bittered by disappointment in their schemes to destroy the Union, there will be no safety for the loyal element of the South. Our reliance for protection is now on Congress, and the great Union party that has stood and is standing by onr nationality, by the constitutional rights of the citizen, and by the beneficent principles of the government. For the purpose of bringing the loyal Unionists of the South into conjunctive action with the true friends of re publican government in the North, we invite you to send delegates in goodly numbers fromall the Southern States, including Missouri, Kentucky, West Virginia, Maryland, and Delaware, to meet at Independence Hall, in the cjty of Philadelphia, on the first Monday of September next. It, is proposed that we should meet at that time to recommend, measures for the establishment of such government in the South as accords with and protects the rights of all citizens.* We trust this call will be responded to by numerous dele gations of such as represent the true loyalty of the South. That kind of government which gives full protection to alj rights of the citizen, such as our fathers intended, we claim as our birthright. Either the lovers of constitutional lib erty must rule the nation or rebels and their .sympathizers be permitted to misrule it. ShaU loyalty or disloyalty have the keeping of the destinies of the nation? Let the re sponses to this call which is bow in circulation for signatures, and is being numerously signed, answer. Notice is given that gentlemen at a distance can have their names attached to it by sending a request by letter directed to D. W. Bing ham, Esq., of Washington, D. C. " Tennessee W. B. Stokes, Jos. S. Fowler, James Gettys. Texas A. J. Hamilton, Geo. W. Paschal, Lorenzo Sherwood, C. B. Sabin. Georgia G. W. Ashburh, ¦ Henry G. Cole. Missouri J. W. McClurg, John R. Kelso, J. F. Benjamin, Geo. W. Anderson. Virginia John B. Troth, J. M. Stewart, Wm. N. Berkley, . Allen C. Harmon, Lewis MoKenzie, ¦ J. W. Hdnnicutt, John 0. Underwood, Burnham Wardwel- Alex. M. Davis. North Carolina .Byron Laflin, Daniel R. Goodlos. Alabama George Reese, D. H. Bingham, M. ft. Saffold, J. H. Laroombe, Washington, July 4, 1866. XIII. — Interesting Figures chiefly from the Census of I860; bearing on Representation. STATES.* California Connecticut Illinois Indiana Iowa Kansas Maine Massachusetts .... Michigan Minnesota New Hampshire.. New Jersey New York Ohio Oregon Pennsylvania Rhode Island Vermont Wisconsin Alabama..., Arkansas,.. Delaware.,..Florida......Georgia.....Kentucky., Louisiana.. Maryland.. Missouri.North Carolina- South Carolina., Tennessee Texas Virginia* Grand Total- Representative Ratio.... White Population. 1358,110 451,501 1,704,2811,838,710 673,779 106,390 626,947 1,221,432 736,142169,395325,579646,699 3,831,590 2,302,808 52,160 2,849,529 170,649 314,369773,693 18,653,776 526,271324,143 90,58977,747 691,550919,484 357,456 515,918353,899 1,063,489 629,942291,300826,722420,891 1,047,299 8,036,700 26,690,476 Free Colored. 4,086 8.627 7,628 11,428 1,069 625 1,327 9,602 6,799 259494 25,318 49.005 36,673 128 50,949 3,952 709 ' 1.171 225,849 2,690 144 19,829 932 ?,500 10,684 18,647 83,942 773 3,572 30,463 9,9147:300 365 68,042 250,7 S7 476,636 Slaves. 20 435,080 111,115 1,798 61,745 462,198225,483331,726 87,189 436,631 114,931331,059 402,406275,719182,566 490,865 3,950,511 3,950,531 Aggregate Population. 379,994 460,147 1,711,951 1,350,428 674,913 107,206 628,279 1,231,066 749,113172,023326,073672,035 3,880,7352,3",9,511 52,465 2,906,215 174*620315,098775,881 18,907,753 964,201 435,450112,216 140,424 1,057,2S61,155,684 708,002 687,049 791,305 1,182,012 992,622703,708 1,109,801 604,215 1,596,318 12,240,293 Representa tive Popu lation. White Males over 20. 362,196 460,147 1.711,9511,350,428 674,913107,206628,279 1,231,066 749,113 172,023326,073672,027 3,880,7352,339,511 52,465 2,906,215 174,620 315,098775,SS1- 18,889,947 790,169 391,004111,496 115,726 872,406 1,005,490 675,311652,173616,652 1,136,039 860,197642,745999,513531,188 1,399,972 10,060,OS1 29,550 0'2S 206,442 127,996439,503 316,804164,535 31,037 167,724 339,086200,474 48,186 91,954 167,441 1,027,344 562,901 17,736 702,316 46,417 87,462 198,914 4.944,272 118,589 73,96322,42918,687 132,479217,883 101,499 128,371 85,838 268,262143,443 68,154 189,470109,625 245,683 1,924,375 6,868.647 Colored Males over 20. . 2,3392,0911,753 2,565 290149 362 2,5121,918 65 149 6,291 12,989 8,770 o3 13,631 1,023 194 353 57,497 25,044 4,679 14,31597,170 50,442 101,814 38,039 113,828 21,872 74,356 87,781 66,77038,704 123,613 944.885 1,002,382 Vote of 1860. 108,840 77,~246 339,693 272,143 125,331 97,918 169,175154,747 34,799 65,953 121,125675,156442,441 14,410 476,442 19,951 42,844 152,170 3,393,392 90,35754,05316.0C9 14.347 106,365146,216 50,510 92,602 69,120 165,518 47,691 +35,000145,333 62,986 167,223 1,263,260 4,656,652 Apportion ment un der CenBus of 1860. Based on three fifths Slave Pop ulation. 166 631]79555 97 4 84 11 85 127,000 18 According to whole populat'n, including Colored. According to White Suffrage. 147 94 241 133,700 7 4 15 11 6 1 6 12 72 3 6 3619 1 24 2 8 7 171 431 1 58 4 6 3 95 2 74 9 29,300 ?Nevada admitted since, with one Representative — making whole number, at present. 242 T Including Asia-'ics. iJtetimated. West Virginia created since, with three Representatives — leading Virginia 8, instead of 11 allowed in I860 toVt 126 POLirTOAX MANUAL. Votes in the U. 8. Souse of Bep reswtfatives on the Various Tariffs STATES. Tariff of 1816. Tariff of 1824. Tariff of 1828. Tariff of 1832. Tariff of 1842. Tariff of 1846. Tariff of 1857. Tariff of 1861. Tari 18( Bfof A. Tariff BUI of 1866.* 1 1 1 & fc 1 & 3 & 3 1 & & « & S5 >> 1 I t 1 NEW ENGLAND STATES. 1 1 5 1 62 66 0 11 1 0 04 42 4 1 7 21 11 2 1 660420 l 03832 3 06 10 62 3 40 1 00 74 0 000 l08941 8 10941 013 001 5 S3942 00 0 0 0 0 323811 0 1 0000 3 8 3 10 22 0 i 4 722 31420 0 0 0 0 0 16 10 15 23 15 24 17 17 26 8 11 18 21 5 26 0 18 1 23 0 20 6 17 20 3 26 6 24 13 8 0 106 27 6 23 1 1 6 0 006 27 3 14 08 23 12 1 0 23 6 19 14 90008 14 020 1 16 S 23 1 2 16 2 804 12 1 15 1 1 18 4 22 1 2 20002 14 1 16 1 1 2 1 000 16 1 19 0 1 4 8 1 1 2 6 4 44 10 60 16 57 11 62 18 63 12 17 47 25 30 47 4 32 3 37 18 SOUTHERN STATES. 7 13 1 21 3 15 11 8 3 17 14 1 13 0 rAi 3' 0 043 11 3 3 00 .0 13 97 00 0 13 8 7 8 3 1 4 66 0 00 11 6 8 5 7 51 7 4 32 302 00 0 10 6 4 4 1 7 4 41 00 0 00 0 00 0000000 0 44 608821 000 813 000 313 2 1 1 1 0 2 00 2 4 21 0 1 . 14 31 l 67 3 60 27 27 6 49 48 7 44 0 0 37 8 0 WESTERN STATES. 6 3 5 120 n 2 14 211 070 0 00 12 0 13 31 0 09000 1 9 9 13 31 300000 4 19 3110 8 13 682 11 3 6 12 644 7 68 200 6 7 5 34 02 1 1 2 0 14 8 4801 3 4 1 13 2 4 0 0 1822 4 S 542400 0 0 0 0 4 1 7 4 23 6 10 440 15 002 8 7 12 4 6 t 21 000 2 0 240 2 1 8 1 0 8 0 0 2 1 2 2 0 14 3 31 7 29 10 36 3 24 34 38 23 30 37 32 22 28 24 27 40 2 0 0 1 8 0 211 ft n ft 2 0 0 1 8 0 4 0 88 64 i67 102 105 94 132 65 104 103 114 95 122 72 81 28 94 53 I Statement of the Public Debt of the United Stat.es on the 1st of June, 1866. .'" Debt bearing Coin Interest $1,195,825,191 80 Debt bearing Currency Interest 1,147,222,228 28 Matured Debt not presented for payment 4,900,429 64 Debt bearing no II iterest. — U.S. Notes $402,128,818 00 ":' Fractional Currency 27,334,966 04 Gold Certificates of Deposit 22,668,320 00 462,081,603 '04 Total Debt 2,799,979,450 76 Amount In Treasury, Coin 60,679,957 72 " " Currency 79,011,125 62 129,691,088 24 Amount of Debt, less Cash in Treasury $2 670,288,367 52 * July 12— In Senate, postponed till December next— yeas 23, nays 17, as follow : YiAS— Messrs. Brow.n, Davis, Doolittle, Foster, Grimes, Guthrie, Han-is, Henderson, Hendricks, Johnson Kirkwood, lane, Morgan, Nesmith, Norton, Pomeroy, Riddle, Sauls bury, Sumner, TiumbuU, Willey, Williams, Wilson— 23. Nats— Messrs. Anthony, Chandler, Clark, Conness, Cowan, Cragin, Edmunds, FeBSenden, Howard, Howe, Poland, Ram- ley, Sherman, Sprague, Stewart, Van Winkle, Wade— 17. :f.a^t ii POLITICAL MANUAL FOR 1867. XIV. PRESIDENT JOHNSON'S SPEECHES. Ob receiving the Proceedings of the Philadel phia 14th of August Convention. 1866, August 18 — A committee of the Con vention presented the proceedings through their Chairman, Hon. Beverdy Johnson, who made some remarks in so doing. President Johnson replied: Mb. Chairman and Gentlemen of the Com mittee : Language is inadequate to express the emotions and feelings produced by this occasion. PerhapB I could express more by permitting silence to speak and you to infer what I ought to say. I confess that, notwithstanding the ex perience 1 have had in public life and the audi ences I have addressed, this occasion and this assemblage are calculated to, and do, overwhelm me. As I have said, I have not language to convey adequately my present feelings and emo tions. In listening to the address which your eloquent and distinguished chairman has just delivered, the proceedings of the Convention, as they trans pired, recurred to my mind. Seemingly, I par took of the*inspiration that prevailed in the Convention when I received a dispatch, sent by two of its distinguished members, conveying in terms the scene which has just been described, of South Carolina and Massachusetts, arm in arm, marching into that vast assemblage, and thus giving evidence that the two extremes had come together again, and that for the future they were united, as they had been in the past, for the preservation of the Union. When I was thus informed that in that vast body of men, distinguished for intellect and wisdom, every eye was suffused with tears on beholding the scene, I could not finish reading the dispatch to one associated with me in the office, for my own feelings overcame me. [Applause.] I think we may justly conclude that we are acting under a proper inspiration, and that we need not be mistaken that the finger of an overruling and unerring Providence is in this great movement. The nation is in peril. We nave just passed through a mighty, a bloody, a momentous ordeal ; and yet do not find ourselves free from the difficulties and dangers that at first surrounded ns. While our brave soldiers, both officers and men, [turning to General Grant, who Btood at his right,] have by their heroism won laurels imperishable, there are still greater and more important duties to perform ; and while we have had their co-operation in the field, now that they have returned to civil pursuits, we need their support in our efforts to restore the Gov ernment and perpetuate peace. [Applause.] So far as the executive department of the Govern ment is concerned, the effort has been made to restore the Union, to heal the breach, to pour oil into the wounds which were consequent upon the struggle, and (to speak in common phrase) to prepare, as the learned and wise physician would, a plaster healing in character and coex tensive with the wound. [Applause.] We thought, and we think, that we had partially succeeded ; but as the work progresses, as recon ciliation seemed to be taking place, and the country was becoming reunited, we found a disturbing and marring element opposing us. In alluding to that element I shall go no further than your Convention and the distinguished gentleman who has delivered to me the report of its proceedings. I shall make no' reference to it that I do not believe the time and the occasion justify. ' We have witnessed in one department of the Government every endeavor to prevent the res toration of peace, harmonv, and Union. We have seen hanging upon the verge of the Gov ernment, as it were, a body called, or which assumes to be, the Congress of the United States, while in fact it is a Congress of only a part of the States. We have seen this Congress pretend to be for the Union, when its every step and act tended to perpetuate disunion and make a dis ruption of the States inevitable. Instead ot promoting reconciliation and harmony, its legis lation has partaken of the character of penalties, retaliation, and revenge. This has oeen the course and the policy of one portion of your Government. ' The humble individual who is now addressing you stands the representative of another depart ment of the Government. The manner in which he was called upon to occupy that posi tion I shall not allude to on this occasion. Suffice it to say that he is here under the Con stitution of the country, and being here by virtue of its provisions, he takes his stand upon that charter of our liberties as the great rampart of civil and religious liberty. [Prolonged cheer ing.] Having been taught in my early life to hold it sacred, and having done so during my whole public career, I shall ever continue to reverence the Constitution of my fathers, and to make it my guide. fHearty applause.] 128 POLITICAL MANUAL. I know it has been said (and I must be per mitted to indulge in the remark) that the execu tive department of the Government has been despotic and tyrannical. Let me ask. this au dience of distinguished gentlemen to point to a vote I ever gave, to- a speech I ever made, to1 a single act of my whole public life, that has not been against tyranny and despotism. What position have I ever occupied, what ground have I ever assumed, where it can be truthfully charged that I failed to advocate the ameliora tion and elevation of the great masses of my eountrymen? [Cries of "Never," and great applause.] So far as charges: of this kind are concerned, they are simply intended to delude the public mind into the belief that it is not the designing men who make such accusations, but some one else in power, who is usurping and trampling upon the rights and perverting the principles of the Constitution. It is ' done by them for the purpose of covering their own acts. [" That's so, and applause.] And I have felt it my duty, in vindication of principle, to call the attention of my eountrymen to their proceedings. When we come to examine who has been playing the part of the tyrant, by whom do we find despot ism exercised ? ^ As to myself, the elements of my nature, the pursuits of my life, have not made me, either,, in my feelings or in my practice, aggressive. My nature, on the contrary, is rather defensive in its character. But having taken my stand upon the broad principles of liberty and the Constitution, there is not power enough on earth to drive me from it. [Loud and prolonged applause.] Having placed my self upon that broad platform, I have not been awed or dismayed or, intimidated by either threats or encroachments, but have stood there, in conjunction with- patriotic spirits, sounding the tocsin of alarm when I deemed the citadel of liberty in danger. [Great applause.] I said on a previous occasion, andrepeat now, that all that was necessary in this great contest against tyranny and despotism was that the struggle should be ¦ sufficiently audible for the American people to hear and properly under stand the issues it involved. They did hear, and looking on and seeing who the contestants were, and wnat the struggle was about, determined that they .would settle this question on the side of the Constitution. and of principle. [Cries of " That's so," and applause.] I proclaim here to day, as I have on previous occasions, that my faith is in the great mass of the people. • In the darkest moment of this struggle, when the clouds seemed to be most lowering, my. faith, instead of fiving way, loomed up through their gloom ; for, eyond, I saw that all would be well in the end. My countrymen, we all know, that, in the lan guage of Thomas Jefferson, tyranny and despo tism can be exercised and exerted more effectually by the many than the one. We have seen Con gress gradually encroach step by step upon con stitutional rights,' and violate, day after day and month after month, fundamental principles of the Government. [Cries of " That's so/' and applause.] We have seen a Congress that seemed to forget that there was a limit to the sphere and scope of legislation. We have seen a Congress in a minority assume to exercise power which,1 if allowed to be consummated, would result in des potism or monarchy itself. [Enthusiastic ap plause.] This is truth ; and because others, -as well as myself, have seen proper to appeallto the patriotism and republican feeling of. the country, we have been denounced in the severest terms. Slander upon slander, vituperation! upon vituperation, of the most virulent character, has made its way through the press. What, fentlemen, has been your and my sic .What as been the cause of our offending? I wilLtell you. Daring to stand by the Constitution of our fathers. . Mr. Chairman, I consider the proceedings -ot this Convention equal to, if not more important than, those of any convention that ever assem bled in the United States. [Great applause.] When I look upon that collection of citizens coming togethervoluntarily, and sitting in qoun- oil, with ideas, with principles and views. com mensurate with all the States, and co-extensive with the whole people, and contrast it with a Congress whose policy, if persisted. in, will, des troy the country, I regard it as more important than any convention that has sat — at least since 1787. [Renewed applause.] I think I may also say that the declarations that were there.jmade are .equal to those contained in the Declaration of Independence itself, and I here to-day pro nounce them a second Declaration of Independ ence. [Cries of " Glorious!" and most enthusi astic and prolonged applause.] Your address and declarations are nothing more nor less than a reaffirmation of the Constitution of the United States. [Cries of " Good !" and applause.] ' . Yes, I will go further, and say that the; dec larations you have made, that the principles you have enunciated in your address, are a second proclamation of emancipation to the people ;pf the United States. [Renewed applause.] For in proclaiming and reproclaiming these great truths you have laid down a constitutional, plat form on which all, without reference to party, can make common cause, engage in a common effort to break the tyranny which the dominant party in Congress has so unrelentingly exercised, and stand united together for the restoration of the States and the preservation of the Govern ment. The question only is the salvation of-the country ; for our country rises above all party consideration or influences. [Cries of "Good!.1 and applause.] How many are there in the United States that now require to be free?, They have the shackles upon their limbs and are bound as rigidly by the behests of party leaders in the National Congress as though they were in fact in slavery. I repeat, then, that your, declara tion is the second proclamation of emanoipjato?1 to the people of the United States, and offers,* common, ground. upon which all patriot^ can stand. [Applause.] In this connection, Mr. Chairman and gentle men,, let me ask what have I to gain morej.than the advancement of the public welfare? I am as mucn opposed . to the indulgence of egotism as anyone; but here, in a conversational manner, while formally receiving the proceedings of. this Convention, 1 may be permitted again to inquire, what have I to gain, consulting human ambi- PRESIDENT JOHNSON'S SPEECHES. 129 tion, r.iore than I have gained, except one thing —the consummation of the great work of resto ration ? My race is nearly run. I have been placed in the high office which I occupy by the Constitution of the country, and I may say that I have held, from lowest to highest, almost every : station to which a man may attain in our Gov ernment. I have passed through every position, from alderman of a village to the Presidency of the United States. And surely, gentlemen, this should be enough to gratify a reasonable ambi tion. If I had wanted authority, or if I had wished to perpetuate my own power, how easily could I have held and wielded that which was placed in my hands by the measure called the Freedmen's Bureau bill. [Laughter and applause.] With an army, which it placed at my discretion, I could have remained at the capital of the nation, and with fifty or sixty millions of appropriations at my disposal, with the machinery to be un locked by my own hands, with my satraps and dependants in every town and village, with the civil rights bill following as an auxiliary, [laugh ter,] and with the patronage and other appli ances of the Government, I could have proclaimed myself dictator. [" That's true I" and applause.] But, gentlemen, my pride and my ambition have been to occupy that position which retains all power in the hands of the people. [Great cheering.] It is upon them I have always relied ; it is upon them I rely now. [A voice : " And the people will not disappoint you."] And I repeat, that neither the taunts nor jeers of Congress, nor of a subsidized, calumniating press, can drive me from my purpose. [Great applause.] I acknowledge no' superior except my God, the author of my existence, and the people of tlfc United States. [Prolonged and enthusiastic dheering.l The commands of the one I try to Obey as best I can, compatible with poor hu manity. As to the other, in a political and rep resentative sense, the high behests of the people have always been, and ever will be, respected and obeyed by me. [Applause.] Mr. Chairman, I have said more than I had intended to say. For the kind allusion to myself, contained in your address, I thank you. In this crisis, and at the present period of my public life, I hold above all price, and shall ever recur With feelings of profound gratification, to the resolution containing the endorsement of a con vention emanating spontaneously from the great mass of the people. With conscientious convic tion as my courage, the Constitution as my guide, and my faith in the people, I trust and hope that my future action may be such that you and the Convention you represent may not regret the assurance of confidence you have so generously expressed. [" We are sure of it."] Before separating, my friends, one and all, please accept my heartfelt thanks for the kind manifestations of regard and respect you have exhibited on this occasion. In New York, August 29. Gentlemen -. The toast which has just been .Irank, and the kind sentiments which preceded it in the remarks of your distinguished represent ative, the mayor of this city, are peculiarly, un- 9 der existing circumstances, gratifying to me; and in saying they are gratifying to me I wish not to indulge in any vanity. If I were to say less I should not -speak the truth, and it is always best to speak the truth and to give utterance to our sincere emotions. In being so kindly at tended to, and being received as I have been received on this occasion — here to-night, and in your city to-day by such a demonstration — I am free to confess that this overwhelms me. But the mind would be exceedingly dull and the heart almost, without an impulse that could not five utterance to something responsive to what as been said and been done. [Cheers.] And be lieve me on this occasion, warm is the heart that feels and willing is the tongue thatspeaks, and I would to God it were in my power to reduce to sentences and to language the feelings and emo tions that this day and this night have produced. [Cheers.] I shall not attempt, in reference to what has been said and the manifestations that have been made, to go into any speech, or to make any argument before you on this occasion, but merely to give utterance to the sincere senti ments of my heart. I would that I could utter whatldoferi in response to this outpouring ofthe popular heart which has gone forth on this occa sion, and which will as a legion spread itself and communicate with every heart throughout the Confederacy. [Cheers.] All that is wanting in the great struggle in which we are engaged is simply to develop the popular heart of the na tion. It is like latent fire. All that is necessary is a sufficient amount of friction to develop the popular sentiment of the popular feeling of the American people. [Cheers.] I know, as you know, that we navejust passed through a bloody, perilous conflict ; that we have gentlemen who are associated with us on this occasion, who have shared their part and participated in these strug gles for the preservation of the Union. [Great applause.] Here is the Army, [pointing to the rignt, where sat General Grant,] and here the Navy [pointing to the left in the direction ol Admiral Farragut.] They have performed theii part in restoring the Government to its presen, condition of safety and security; and will it be considered improper in me, on this occasion, tc say that the Secretary of State has done his part f [Cheers.] As for the humble individual who now stands before you, and to whom you have so kindly and pleasantly alluded, as to what part he has performed in this great drama, ic this struggle for the restoration of the Gov ernment and the suppression of rebellion, I will say that I feel, though I may be included in this summing up, that the Government ha* done its duty. [Cheers.] But though the Gov eminent has done its duty, the work is not ye< complete. Though we have passed through. fields of battle, and at times have almost been eonstrained and forced to the conclusion that we should be compelled to witness the Goddess of Liberty, as it were, go scourged through fields of carnage and of blood, and make her exit, and that our Government would be a failure, yet- we are brought to a period and to a time in which the. Government has been successful. While the enemy have been put down in the field there is still a greater and mora important task for you. 130 POLITICAL MANUAL. and others to perform. [Cheers.] I must be permitted — and I shall not trespass upon you a moment— I must be permitted to remark in this connection, that the Government commenced the suppression of this rebellion for the express pur pose of preserving the union of these States. [Cheers.] That was the declaration that it made, and under that declaration we went into the war and continued in it until we suppressed the re bellion The rebellion has been suppressed, and ,in the suppression of the rebellion it has de clared and announced and established the great fact that these States had not the power, and it denied their right, by forcible or by peaceable means, to separate themselves from the Union. [Cheers. "Good."] That having been deter mined and settled by the Government of the United States in the field and in one of the departments of Government — the executive de partment of the Government — there is an open issue; there is another department of your Gov ernment which has declared by its officials acts, and by the position of the Government, notwith standing the rebellion was suppressed, for the purpose of preserving the Union of the States and establishing the doctrine that the States could not secede, yet they have practically as sumed and declared, and carried up to the present point, that the Government was dissolved and the States were out of the Union. [Cheers.] We who contend for the opposite doctrine years ago contended that even the States had not the right to peaceably secede; and one of the means and modes of possible secession was that the States of the Union might withdraw their repre sentatives from the Congress of the United States, and that would be practical dissolution. We denied that they had any such right. [Cheers.] And now, when the doctrine is established that they have no right to withdraw, and the rebellion is at an end, and the States again assume their position and renew their relations, as far as in them lies, with the Federal Government, we find that when they present representatives to the Congress of the United States, in violation of the sacred charter of liberty, which declares that you cannot, even by amendment of the Constitution of the United States, deprive any one of them of their representation — we find that in violation of the Constitution, in express terms, as well as in spirit, that these States of the Union have been and still are denied their representation in the Senate and in the House of Representatives. Will we then, in the struggle which is now before us, submit, will the American people submit, to this practical dissolution, a doctrine that we have repudiated, a doctrine that we have declared as having no justice or right ? The issue is before you and before the country. Will these States be permitted to continue and remain as they are in practical dissolution and destruction, so far as representation is concerned? It is giving the lie direct—it is subverting every single argument and position we have made and taken since the rebellion commenced. Are we prepared now, after having .passed through this rebellion ; are we prepared, after the immense amount of blood that has been shed ; are we prepared, after having accumulated a debt of over three thousand mil lions of dollars ; ..are we prepared, after all the injury that has been inflicted upon the people, North and South, of this Confederacy, now to continue this disrupted condition of the country ? [Cries, "No, no!" "Never!" Cheers.] Let me ask this intelligent audience here to-night, in the spirit of Christianity and of sound philosophy. are we prepared to renew the scenes through which we have passed ? ["No! no! no !"J Are we prepared again to see one portion of this Government arrayed in deadly conflict against another portion ? Are we prepared to see the North arrayed against the South, and the South against the North ? Are we prepared, in this fair and happy Government of freedom and of liberty, to see man again set upon man, and in the name of God lift pis hand against the throat of his fellow ? Are we again prepared to see these fair fields of ours, this land that gave a brother birth, again drenched in a brother's blood? [" Never, never." Cheers.] Arewenot rather prepared to bring from Gilead the balm that has relief in its character and pour it into the wound? [Loud cheering.] Have not we seen enough to talk practically of this matter? Has not this array of the intelligence, the in tegrity, the patriotism, and the wealth a right to talk practically ? Let us talk about this thing. We have known of feuds among families of the most respectable character, which would separate, and the contest would be angry and severe, yet when the parties would come together and talk it all over, and the differences were understood, they let their quarrel pass to oblivion ; and we have seen them approach each other with affec tion and kindness, and felt gratified that the fend had existed, because they eould feel better after wards. [Laughter and applause.] They are our brethren. [Cheers.] They are part of ourselves. ["Hear! hear!"] They are bone of our bone and flesh of our flesh. [Cheers.] They have lived with us and been part of us from the establish ment of the Government to the commencement of the rebellion. They are identified with its history, with all its prosperity, in every sense of the word. We have had a hiatus, as it were, but that has passed by and we have come tcgether again; and now, after having understood what the- feud was, and the- great apple of discord re moved ; having lived under the Constitution of the United States in the past, they ask to live und'et it in the future. May I be permitted to indulge in a single thought here? Twill not detain yon a moment. ["Go on." "Go on." "Go on." Cheers.] You [turning to Mayor Hoffman] are responsible for having invoked it. [Laughter,] What is now said, gentlemen, after the Phila delphia Convention has met to pronounce upon the condition of the country ? What ¦ is now Baid ? Why, that these men who met in that Convention were insincere ; that their utterances were worthless ; that it.is all pretense, and they are not to be believed. When you talk abort it, and talk about red-handed rebels, and all that, who has fought these traitors and rebels with more constancy and determination than the individual now before you ? Who has sacri ficed and suffered more ? [Cheers. ] But because my sacrifices and sufferings have been great, and as an incident growing out of a great civil war, should I become deadV insensible to troth c* PRESIDES* JOfl'^SOw'S SPEECHES. 131 principle? ["No, no." Cheers.] Ba', these men, notwithstanding they may profesa now loyalty and devotion to the union of tho States, are said to be pretenders, not to be believed. What better evidence can you hav-e' of devotion to the Government than profession and action? Who dare, at this day of religious and political freedom, to set up an inquisition, and come into the human bosom to inquire what are the senti ments there ? [Cheers.] How many men have lived in this Government from its origin to the present time that have been loyal, that have obeyed all its laws, that have paid its taxes, and sustained the Government in the hour of peril, yet in sentiment would have preferred a change, or would have preferred to live under some other form of government? But the best evidence you can nave is their practical loyalty, their professions, and their actions. ["Good," "good," and applause.] Then, if these gentlemen in convention, from the North and South, come for ward and profess devotion to the Union and the Constitution of these States, when their actions and professions are for loyalty, who dare as sume the contrary? [Cheers.] If we have reached that point in our country's history, all confidence is lost in man. If we have reached that point that we are not to trust each other, and our confidence is gone, I tell you your Govern ment is not as strong as a rope of sand. It has Uo weight; it will crumble to pieces. This Gov ernment has no tie, this Government has no binding and adhesive power, beyond the confi dence and trust in the people. ["Hear, hear." Loud applause.] But these men who sit in con vention, who sit in a city whose professions have been, in times gone by, that they were a peace-loving and war-hating people — they said there, and their professions should not be doubt ed, that they have reached a point at which they say peace must be made; they have come to a point at which they want peace on earth and good-will to men. [Loud cheers.] And now, what is the argument in excuse? We won't believe you, and therefore this dissolution, this practical dissolution, must be continued to exist. Your attention to a single point. Why is a southern man not to be believed ? and I do not speak here to-night because I am a southern , man, and because my infant view first saw the light of heaven in a southern State. [" They are to be believed."] Thank God, thougn I say it myself, I feel that I have attained opinions and notions that are coextensive with all these States, with all the people of them. [Great applause. The whole audience rose and waved their Hand kerchiefs at this sentiment. Voice — " That's the best thing to-night."] While I am a southern man, I am a northern man ; that is to say, I am a citizen of the United States, [cheers,] and I am willing to concede to all other citizens what I claim for myself. [" Sound."] But I was going to bring to your attention, as I am up, and you mustnotencourageme too much, ["Good ! good! "] for some of those men who have been engaged in this thing, and pretty well broken down, require sometimes a little effort to get them warmed. [Laughter.] I was going to call your attention to a point. The southern States or their leaders proposed a separation. Kow, what was the reason thiit they offered for that separa tion? -Your attention. The time has come to think; the time has come to consult our brain, and not the impulses and passions of the heart. Tho time has come when reason should bear sway, and feeling and impulse should be sub dued. [Cheers.] What was the reason, or one of the reasons at least, that the South gave for separation? It was that the Constitution waB encroached upon, and that they were not se cured in their rights under it. That was one of* the reasons ; whether it was true or false, that ws* the reason assumed. We will separate from this Government, they said, because we cannot have the Constitution executed ; and, therefore, we will separate and set up the same Constitu tion, and enforce it under a government of our own. But it was separation. I fought then against those who proposed this. I took my position in the Senate of the United States, and assumed then, as I have since, that this Union was perpetual, that it was a great magic circle never to bo broken. [Cheers!] But the reason the South gave was that the Constitution could not be enforced in the present rendition of the country; and hence they would separate. They attempted to separate, but they failed. But while the question was pending, they estab lished a form of government; and what form of government was it ? What kind of Constitution did they adopt? Was it not the same, with a few variations, as the Constitution of the United States, [Cheers, and "That's so!"] the Con stitution of the United States, under which they had lived from the origin of the Government up to the time of their attempt at separation? They made the experiment of an attempted separation under the plea that they desired to live under that Constitution in a government where it would be enforced. We said " Yon shall not separate, you shall remain with us, and the Constitution shall bo preserved and enforced." [Cheers.] The rebellion has ceased. And when their arms were put down by the Army and Navy of the United States, they accepted the terms of the Govern ment. We said to them, before the termination of the rebellion, " Disband your armies, return to your original position in the Government, and. we will receive you with open arms." The time came when their armies were disbanded under the leadership of my distinguished friend on the right, [General Grant.] [" Three cheers for General Grant."] The Army and the Navy dispersed their forces. What were the terms of capitulation? They accepted the proposition of the Government, and said, " We have been mistaken ; we selected the arbitrament of the sword, and that arbiter has decided against us ; and that being so, as honorable and manly men, we accept the terms you offer us." The query comes up, will they be accepted? Do we want to humiliate them and degrade them, and tread them in the dust? [" No, no ! " Cheers.] I say this, and I repeat it here to-night, I do not want them to come back into this Union a de graded and debased people. [Loud cheers. ] They are not fit to be a part of this great American family if they are degraded and treated with ignominy and contempt. I want them when they ,come back to become- a part of this great coun 132 POLITICAL MANUAL. try, an honored portion of tho American people. I want them to come back with all their man hood ; then they are fit, and not without that, to be a part of these United States. [Cheers. " Three cheers for Andrew Johnson."] I have not, how ever, approached the point that I intended to men tion, and I know I am talking too long. [" Go on," "goon," "goon."] Why should we distrust the southern people and say they are not to be believed ? I have just called your attention to the Constitution under which they were desirous to live, and that was the Constitution of their fathprs, yet they wanted it in a separate condi tion! Having been defeated in bringing about that separation, and having lost the institution 'of slavery, the great apple of discord, they now, in returning, take up that Constitution, under which they always lived, and which they estab lished for themselves, even in a separate gov ernment. Where, then, is the cause for distrust? Where, then, is the cause for the want of con fidence? Is there any ? [" No, no." J I do not come here to-night to apologize for persons who have tried to destroy this Government ; and if every act of my life, either in speeches or in practice, does not disprove the charge that I want to apologize for them, then there is no use in a mans having a public record. [Cheers.] But I am one of those who take the southern peo ple, "with all their heresies and errors, admitting that in rebellion they did wrong. The leaders coerced thousands and thousands of honest men into the rebellion who saw the old flag flap in the breeze for the last time with unfeigned sor row, and welcomed it again with joy and thanks giving. The leaders betrayed and led the south ern people astray upon this great doctrine of se cession. We have m the West a game called hammer and anvil, and anvil and hammer, and while Davis and others were talking about sep aration in the South, there was another class, Phillips, Garrison, and men of that kind, who were talking about dissolution in the North;' and of these extremes one was the hammer and the other was the anvil ; and when the rebellion broke out one extreme was carrying it out, and now that it is suppressed the other class are still trying to give it life and effect. I fought those in the South who commenced the rebellion, and now I oppose those in the North who are trying to break up. the Union. [Cheers.] I am for the Union. I am against all those who are opposed to the Union. [Great applause.] I am for the Union, the whole Union, and nothing but the Union. [Renewed cheering.] I have helped my distinguished friend on my right, General Grant, to fight the rebels South, and I must not forget a peculiar phrase, that he was going to fight it out on that line. [Applause and laugh ter.] I was with him, and I did all that I could ; and when we whipped them at one end of the line, I want to say to you that I am for whip ping them at the other end of the line. [Great aughter and applause.] I thank God that if he is not in the field, militarily speaking, thank God ! he is civilly in the field on the other side. [Cheers for Grant.] This is a contest and strug gle for the Union, for the union of these States. [Applause.] The North can't get along without the South, and the South can't get along with- PIs out the North. ["That's so," and applause.]. I have heard an idea advanced, that if we let the southern members of Congress in they will con trol the Government. Do you want to be gov erned by rebels.? [Cries of "Never," " No, no."] We want to let loyal men in, [" Hear, hear,"] and none but loyal men. [" Good, good."] But, I ask -here to-night, in the face of this intelli gent audience, upon what does the face of the observation rest, that men coming in from the South will control the country to its destruction? Taking the entire delegation of the South, fifty- eight members, what Is it compared with the two hundred and forty-two members of the rest of the Union? ["Good boy!"] Is it compliment ary to -the North to say we are afraid of thetft? Would the free States let in fifty-eight members from the South that we doubt, that we distrust, that we have no confidence in ? If we bring them into the Government, these fifty-eight representa tives, are they to control the two hundred and forty-two? TheTe is no argument that the in fluence and talent and the principles they can bring to bear against us, placing them in the worst possible light [A voice, "The Sumner ar gument"] can be a cause for alarm. We are represented as afraid of these fifty-eight men, afraid that they will repudiate our public debt; that they can go into the Congress of the Unitej States under the most favorable conditions they could require, the most offensive conditions to us, and could overwhelm a majority of a hun dred and fifty to a hundred and eighty, [a voice, " Ridiculous ] — that these men are going to take charge of the country. Why. it is croaking'; it is to excite your fears, to appeal to your pre judice. Consider the immense sum3 of money that have been expended, the great number of lives that have been lost, and the blood that has been shed ; that our bleeding arteries have been staved and tied up; that commerce, and me- charjral industry, and agriculture, and all the pursuits of peace restored, and 'we are reprei sented as cowards enough to clamor that if these fifty-eight men are admitted as the representa tives of the South the Government is lost. We are told that our people are afraid of tlie people of the South; that we are cowards. [Cries oi "We are not."] Did they control you before the rebellion commenced? Have they any more power now than they had then ? Let me say to this intelligent audience here to-night, I am no prophet, but I predicted at different times, in the beginning of the late rebellion, what has been literally fulfilled. [Cries of " That's so."] I told the southern people years ago, that when ever they attempted to break up this Union, whenever they attempted to do that, even if theyh succeeded, that the institution of slavery would: begone. ["Good, good."] Yes, sir, [turning to Mr. SewardJ you know that I made that argu ment to Jeff Davis. You will bear witness to the position I then occupied. Mr. Seward. I guess so. [Applause.] Mr. Johnson. Yes, and you were among the few that gave me encouragement. [Applause.] I told them then that the institution of slavery could not survive an attempt to break up this Union. They thought differently. They put up a stake : what was it ? It was four millions of PRESIDENT JOHNSON S SPEECHES. 133 slaves, in wbicr. they had invested their capital. Their investment in the institution of slavery amounted to $3,000,000,000. This they put up at stake, and said they conld maintain it by separat ing these States That was the experiment ; what . are the facts of the result? The Constitution still exists. [Great cheering.] The Union is still pre- [ served. [Cheers.] They have not succeeded in ; going out, and the institution of slavery is gone. , [" Hear, hear."] Since it has been gone they nave .come up manfully and acknowledged the fact in their State conventions and organizations, and they ratify its fall now and forever. [Cheers. ] I have got one other idea to put right alongside of this. [Applause and laughter.] You have got a debt of about $3,000,000,000. [" That's so."] How are you going to preserve the credit of that? Will you tell me. [Voices, "You tell us."] How are you to preserve the credit of this $3,000,000,000 ? Yes, perhaps when the account is made up your debt will be found $3,000,000,000 or $4,000,000,000. Will you tell me how you are to secure it, how the ultimate payment of the principal and interest of this sum is to be secured ? Is it by having this Government dis rupted ? [Mr. Seward andothers, " No, no."] Is it by the division of these States? ["No."] Is it by separating this Union into petty States ? f " No."] Let me tell you here to-night, my New York friends, I tell you that there is no way by which these bonds can be ultimately paid, by which the interest can be paid, by which the national debt can be sustained, but by the con tinuity and perpetuity and by the complete union of these States. [Applause. ] Let me tell you who fall into this fallacy, and into this great heresy, you will reap a more bitter reward than the southern brethren have reaped in putting their capital into slavery. Mr. Sewaed, sotto voce. The argumentum ad hominem, [" Good."] Mr. Johjtson. Pardon me, I do not exagger ate. I understand this question. You who play a false part, now the great issue is past, you who play into the hands of those who wish t'o dissolve the Government, to continue the disreputable conditions to impair and destroy the public credit, let ns unite the Government and you will have more credit than you need. [Applause.] Let the South come back with its great mineral resources ; give them a chance to come back and bear a part, and I say they will inorease the national resources and the national capacity for meeting these national obligations. I am proud to say on this occasion, not by way of flattery, to the people of New York, but I am proud to find a liberal and comprehensive and patriotic view of this whole question on the part of the people of New York. I am proud to find, too, that here you don't believe that your exist ence depends upon aggression and destruction ; that while you are willing to live, you are will ing to let others live. [Applause.] You don't desire ft live by the destruction of others. Some have grown fat, some have grown rich by the aggression and destruction of others. It is for you to make the application, and not me. These men talk about this thing, and ask what is before you? What is before you? New York, this great State, this great commercial emporium — I was asking your mayor to-day t!ii amount of your taxation, and he informs me it is $18,000,000! Where did your Government. start from but the other day ? Do you remember that when General Washington was inaugurated President, that your annual bill was $2,500,000 for the entire General Government. Yet to-day I am told that my distinguished friend on my left controls the destinies of a city whose taxps amount to $18,000,000, and whose population numbers four millions — double what the entire nation had at the time when it commenced its existence. General Sandeoed. Our taxation by the Gen eral Government is $50,000,000. Mr. Johnson. I am simply trying to get at the amount collected to sustain your municipal establishment. Thus may we advance, enter taining the principles which are coextensive with the States of this Union, feeling, like you, that our system of Government comprehends the whole- people, not merely a part. [Applause.] New York has a great work to perform in the restoration of this great Union. As I have told you, they who talk about destroying the great elements that bind this Government together deny the power, the inherent power, of the Gov ernment, which will, when its capacities are put to the test, re-establish and readjust its position, and the Government be restored. [Applause.] I tell you that we shall be sustained in this effort to preserve the Union. It would be .just about as futile to attempt the resistance of the ocean wave,' or to check the wind, as to prevent the result I predict. You might as well attempt to turn the Mississippi back upon its source as to resist this great law of gravitation that is bringing these States bask and be united with us as strong as ever. I have been called a dem agogue, and would to God that there were more demagogues in the land to save it! [Applause.] The demonstration here to-day is the result of some of these demagogical ideas ; that the great mass of the people, when called to take care of the people, will do right. A voice. Sure as you are born. [Laughter.] Mr. Johnson. I tell you, you have commenced the grand process now. I tell those present wh< are croaking and talking about individual ag grandizement and perpetuation of party, I tel them that they had better stand from under [laughter and cheers,] they had better get out of the way [cheers ;] the Government is coming together, and they cannot resist it. Sometimes, when my confidence gives out, when my reason fails me, my faith comes to my rescue, and tells ma that this Government will be perpetuated and this Union preserved. [Cheers.] I tell you here to-night, and I have not turned philan thropist and fanatic, that men sometimes err, and can again do right ; that sometimes the fact that men nave erred is the cause of making them better men. [Applause.] I am not for destroy ing all men, or condemning to total destruction all men who have erred once in their lives. I believe in the memorable example of Him who came with peace and healing on his wings ; and when he descended and found men condemned unto the law, instead of executing it, instead of shedding the blood of the world, he placed him- 134 POLITICAL MANUAL. <¦ If u;'on the cross, and died, that man might be ,-ivc-d. If I have pardoned many, I trust-in God 1 h at I have erred on the right side. If I have pardoned many, I believe it is all for tho best interests of the country ; and so believing, and convinced that our southern brethren were giv ing evidence by their practice and profession that they were repentant, in imitation of Him of old who died for the preservation of men, I exercised that mercy which I believed to be my duty. I have never made a prepared speech in my life, and only treat these topics as they occur to me. The country, gentlemen, is in your hands. The issue is before you. I stand here to-night, not in the first sense in the character of the Chief Magistrate of the nation, but as a citizen, defend ing the restoration of the Union and the per petuation of the Constitution of my country. Since becoming the Chief Magistrate i have tried to fulfill my duty — to bring about reconciliation and harmony; my record is before you. You know how politicians will talk ; and if you people will get right, don't trouble yourselves about thepol- iticians, for when the people get right the politi cians are very accommodating. [Cheers.] But let me ask this audience here to-night, What am I to gain by taking the course I am taking if it was not patriotic and for my country ? Pardon me ; I talk to you in plain parlance. I have filled every office in this Government. You may talk to me as you will, and Blander — that foul whelp of sin — may subsidize, a mercenary press may traduce and vilify, mendacious and unprin cipled writers may write and talk, but all of them cannot drive me from my purpose. [" Bravo ! " and cheers.] What have I to gain? I repeat. From the position of the lowest alderman in your city to President of the United States, I have filJed every office to the country. Who can do more? Ought not men of reasonable am bition to be satisfied with this? And ought not I to be willing to quit right here, so far as I am concerned? [Applause.] I tell this audience here to-night, that the cup of my ambition has been filled to overflowing, with the exception of one thing. Will you hear what that is ? [Cries of '¦ Yes," and " What is it? "] At this particular crisis and period of our country's history I find the Union of these States in peril. If I can now be instrumental in keeping the possession of it in your hands, in the hands of the people ; in restoring prosperity and advancement in all that makes a nation great, I will be willing to ex claim, as Simeon did of old — [Three cheers] — as Simeon did of old, of him who had been born in a manger, that I have seen the glory of thy salvation, let thy servant depart in peace. [Ap plause.] That being done, my ambition is com plete. I would rather live in history, in the affections of my countrymen, as having consum mated this great end.'than to be President of the United States forty times. [General Sandford called for "Three cheers for Andrew Johnson, tho restorer of the Union." The cheers were given.] In conclusion, gentlemen, let me tender to you my sincere thanks on this occasion. So long as reason continues to occupy her empire, so long as ny heart shall beat with one kind emo tion, so long as my memory shall contain or be capable of recurring to one event, so long will I remember the kindnesses, so long will I teel the good that has been done on this occasion, and so long will I cherish in ny heart the kindness which has been manifested towards me by the citizens of New York. [Immense applause.'] The band played " The Star Spangled Ban ner," the audience enthusiastically joining in the chorus. President Johnson, having seated him self, again arose and said : " Gentlemen, in con clusion, after having consumed more of your time than I intended, I fear unprofitably, let me propose, in sincerity, ' The Union, the perpetual Union of these States.'" The toast was drunk with cheers. In Cleveland, September 3. Fellow-Citizens .- It is not for the purpose of making a speech that I now appear before you. I am aware of the great curiosity which prevails to see strangers who have notoriety and distinc tion in all countries. I know a large number of you desire to see General Grant and to hear what he has to say. [A voice, " Three cheers for General Grant."] But you cannot see him to night. He is extremely ill. I repeat, I am not before you now to make a speech, but simply to make your acquaintance, to say, "How are you?" and to bid you " Good-by." We are now on our way to Chicago, to participate in or witness the laying of the corner-stone of a monument to the memory of a distinguished fellow-citizen who is no more. It is not necessary for me to mention the name of Stephen A. Douglas to the people of Ohio. [Applause.] I am free to say that 1 am flattered by the demonstrations I have wit nessed, and being flattered, I don't mean to think it personal, but an evidence of what is pervading the public mind. And this demon stration is nothing more nor less than an indica tion of the latent sentiment of feeling of the great masses of the people with regard to the proper settlement of this great question. I come before you as an American citizen simply, and not as the Chief Magistrate, clothed in the insignia and paraphernalia of state. Being an inhabitant of a State of this Union, I know it haB been said that I am an alien [laughter] and that I did not reside in one of the States of the Union, and therefore coulil not be the Chief Magistrate, though the Consti tution declares that Imust be a citizen to occupy that office ; therefore, all that was necessary was to declare the office vacant, or, under a pretext, to prefer articles of impeachment, and thus the individual who occupies the Chief Magistracy was to be disposed of and driven from power. But a short time since you had a ticket before you for the Presidency. I was placed upon that ticket, with a distinguished fellow-citizen who is now no more. I know there are some who complain. [A voice, "Unfortunately."] Yes, unfortunate for some that God rules on high and in right. [Cheers.] Yes, unfortunately, the ways of Providence are mysterious and in comprehensible, controlling all those who ex claim " Unfortunate." [" Bully for you !"] I was going to say, my countrymen, a short time since I was selected and placed upon the ticket. There was a platform proclaimed and adopted by those who placed me upon it. Not- PRESIDENT JOHNSON S SPEECHES. 135 withstanding the subsidized gang of hirelings and traducers, I have discharged all my duties and fulfilled all my pledges, and I say here to night that if my predecessor had lived the vials of wrath would have been poured out upon him. [Cries of " Never." " Three cheers for the Con gress of the United States !"] I came here as I was passing along, and have been called upon for the purpose of exchanging views, and ascertain ing, if we could, who was wrong. [Cries of " It's you."] That was my object in appearing before you to night, and I want to say this, that I have lived among the American people, and have represented them in some' public capacity for the last twenty-five years, and where is the man or woman who can place his finger upon one single act of mine deviating from any pledge of mine or in violation of the Constitution of the country? [Cheers.] Who is he? VV hat language does he speak ? What religion does he profess ? Who can come and place his finger on one pledge I ever violated, or one principle I ever proved false to ? [A voice, " How about New Orleans ?" Another voice, "Hang Jeff Davis."] Hang Jeff Davis, he says. [Cries of " No," and "Down with him !"] Hang Jeff Davis he says. [A voice, " Hang Thad. Stevens and Wendell Phillips."] Hang Jeff Davis. Why don't you hang him? [Cries of "Give us the opportunity."] Have not you got the court ? Have not you got the At torney General ? [A voice, "Who is your Chief Justice who has refused to sit upon the trial?" Cheers.] I am not the Chief Justice. I am not the prosecuting attorney. [Cheers.] I am not the jury. I will tell you what I did do. I called upon your Congress that is trying to break up the Gov ernment. [Cries, "You bed — d!" and cheers mingled with hisses. Great confusion " Don't get mad, Andy."] Well, I will tell you who is mad. " Whom the Gods wish to destroy, they first mane mad.'' Did your Congress order any of them, to be tried ? [Three cheers for Congress.] Then, fellow-citizens, we might as well allay our passions, and permit reason to resume her empire and prevail. [Cheers.] In presenting the few remarks that i designed to make, my intention was to address myself to your, common sense, your judgment, and your better feeling, not to the passion and malignancy in your hearts. [Cheers.] This was my object in presenting my self on this occasion, and to tell you " How do you do," and at the same time to bid you " Good- oy." In this assembly here to-night the remark has been made, "Traitor! traitor!" My coun trymen, will you hear me ? [Shouts of " Yes."] And will you hear me for my cause and for the ** Constitution of my country? [Applause.] I want to know when or where, or under what circum- , stances, Andrew Johnson, not as Chief Execu tive, but in any capacity, ever deserted any prin ciple or violated the Constitution of his country. [Cries of " Never."] Let me ask this large and intelligent audience if your Secretary of State, who served four years under Mr. Lincoln, and who was placed upon the butcher's block, as it were, and hacked to pieces and scarred by the assassin's knife, when he turned traitor? [Cries of " Never."] If I were disposed to play the orator and deal in declamation to-night, I would imitate one of the ancient tragedies, and would take William H. Seward, and bring him before you, and point you to the hacks and scars upon his person. [A voice, " God bless him !"] I would exhibit the bloody garments, saturated with gore from his gushing wounds. Then I would ask you, Why not hang Thad. Stevens and Wendell Phillips? I tell you, my countrymen, I have been fighting the South, and they have been whipped and crushed, and they acknowledge their defeat and accept the terms of the Constitution ; and now, as I go around the circle, having fought traitors at the South, I am prepared to fight traitors at the North. [Cheers.] God willing, with your help we will do it. [Cries of " We won't."] It will be crushed North and South, and this glorious Union of ours will be preserved. [Cheers.] I do not come here as the Chief Mag istrate of twenty-five States out of thirty-six. [Cheers.] I came here to-night with the flag of my country and the Constitution of thirty-six States untarnished. Are you for dividing this country ? [Cries of " No."] Then I am President, and I am President of the whole United States. [Cheers.] I will tell you one other thing. I understand the discordant notes in this crowd to-night. He who is opposed to the restoration of this Govern ment and the reunion of the States is as great a traitor as Jeff Davis or Wendell Phillips. [Loud cheers.] I am against both. [Cries of " Give it to them !"] Some of you talk about traitors in the South who have not courage to get away from your homes to fight them. [Laughter and cheers.] The courageous men, Grant, Sherman, Farragut, and the long list of the distinguished sons of the Union, were in the field and led on their gallant hosts to conquest and to victory, while you remained cowardly at home. [Ap plause, " Bully !"] Now, when these brave men have returned home, many of whom have left an arm, or a leg, or their blood, upon many a battle-field, they find you at home speculating and committing frauds on thn Government. [Laughter and cheers.] You pretend now to have groat respect and sympathy for the poor brave fel'ow who has left an arm on the battle-field. [Or'ss, " Is this dig nified?"] I understand you. You may talk about the dignity of the President. [Cries, " How was it about his making a speech on the 22d of February?"] I have been with you in the battles of this country, and I can tell you furthermore, to-night, who have to pay these brave men who shed their blood. You speculated, and now the great mass of the people have to work it out. [Cheers.] It is time that the great mass of the people should understand what your designs are. What did General Butler say? [Hisses.] What did General Grant say? [Cheers.] And what does General Grant say about General Butler? [Laughter and cheers.] What does General Sherman say? [A voice, " What does General Sheridan say ?"] General Sheridan says that he is for the restoration of the Government that Sheridan fought for. [" Bully !" and re newed cries of "New. Orleans," and confusion.] I care not for dignity. There is a portion of your countrymen who will always respect their fel low-citizens, when they are entitled to respect, and there is a portion of them who have no 'e- 136 POLITICAL MANUAL. spect for themselves, and consequently have no respect for others. [A voice, " Traitor!"] I wish I could see that man. I would bet you now, that if the light fell on your face, cowardice and Aioachery would be seen in it. Show yourself. tone out here where I can see you. [Shouts of 'anghter.] If you ever shoot a man you will do it in the dark, and pull th%.trigger When no one is by to see you. [Cheers.]! I understand traitors. I have been fighting them" at the south end of the line, and we are now fighting them in the other direction. [Laughter and cheers.] I come here neither to criminate or recriminate, but when attacked, my plan is to defend myself. [Cheers.] When encroached upon, I care not from what quarter it comes, it is entitled to re sistance. As Chief Magistrate I felt so after tak ing the oath to support the Constitution, and when I saw encroachments upon your Constitu tion and rights, as an honest man I dared to sound the tocsin of alarm. [Three cheers for Andrew Johnson.] Then, if this be right, the head and front of my offending is in telling when the Constitution of your country has been tram pled upon. Let me say to those who thirst for more blood, who are still willing to sacrifice human life, if you want a victory, and my coun try requires it, erect your altar and lay me upon it to give the last libation to human freedom. [Loud applause.] I love my country. Every public act of my life testifies that is so. Where is the man that can put his finger upon any one act of mine that goes to prove the contrary ? And what is my offending ? [A voice, " Because you are not a radical," and cry of " Veto."] Somebody says veto. Veto of what ? What is called the Freedmen's Bureau bill? I can tell you what it is. Before the rebellion commenced there were four millions of slaves and about three hundred and forty thousand white people living in the South. These latter paid the expenses, bought the land and cultivated it, and after the crops were gathered pocketed the profits That's the way the thing stood up to the rebellion. The rebellion commenced, the slaves were libe rated, and then came up the Freedmen's Bureau bill. This provides for the appointment of agents and sub-agents in all States, counties, and school districts, who have power to make contracts for the freedmen, and hire them out, and to use the military power to carry them into execution. The cost of this to the people was $12,000,000 at the beginning. The further expense would be greater, and you are to be taxed for it. That's why I vetoed it. I might refer to the civil rights bill, the results of which are very similar. I tell you, my countrymen, that though the powers of hell and Thad. Stevens and his gang were by, they could not turn me from my purpose. There is no power that could turn me except you and the God who spoke me into existence. In conclusion, beside that, Congress had taken much pains to poison their constituents against him. But what had Congress done? Have they done anything to restore the Union of these States? No; on the contrary they had done everything to prevent it ; and because he stood now where he did when the rebellion commenced, he had been denounced as a traitor. Who had run greater risks or made greater sacrifices than himself? But Congress, factious and domineer*' ing, had taken to poison the minds of the Amer-. ican peopleT] It was with them a question of power. Those who held an office — as assessor,: collector, postmaster — wanted to retain their places. Rotation in office used to be thought a good doctrine by Washington, Jefferson, and. Adams ; and Andrew Jackson, God bless himJ thought so. [Applause.] This gang of office-. holders, these blood-suckers and cormorants, had got fat on the country. You have got them.; Over your district. Hence you see a system of. legislation proposed so that these men shall not. be turned out; and the President, the only chan-: nel through which they can be reached, is called:." a tjrant. He thought the time had come when,. those who had enjoyed fat offices for four years should give way for those who had fought for the country. Hence it was seen why he was assailed and traduced. He had invited them in the field, and God willing, he would stand by them. He had turned aside from the thread, of his remarks to notice the insult sought to be given him. When an insult was offered he. would resent it in a proper manner. But he was free to say he had no revengeful or resent ful feelings. All he wanted, when war was over and peace had come, was for patriotic and Chris tian men to rally round the flag of the country in a fraternal hug, and resolve that all shall perish rather than that the Union shall not be restored: While referring to the question of suffrage some one in the crowd asked him " How about Louisa iana?" To which he replied, " Let the negroes vote in Ohio before you talk about their voting in Louisiana." [Laughter, and cries of " Good.'^.- Take the beam out of your own eye before you seek the mote in your brother's. [Renewed: laughter.] In conclusion, after some further remarks, he invoked God's best blessing on his hearers. [Applause.] The interruptions were few. At St. Louis, September 8. Fellow-Citizens: In being introduced to you to-night, it is not for the purpose of making a speech. It is true I am proud to meet so many of my fellow-citizens here on this occasion, and under the favorable circumstances that I do. [Cries, "How about our British subjects?"] We will attend to John Bull after awhile, so far as that is concerned. I have just stated that I am not here for the. purpose of making a speech ; but, after being- introduced, I wish simply to tender my cordial ' thanks for the welcome that you have given to me in your midst. [A voice, " Ten thousand , welcomes."] Thank you, sir ! I wish it was in my power to address yon under favorable circum stances upon some of the questions that agitate and distract the public mind at this time — ques tions that have grown out of the fiery ordeal that we have passed through, and which I think as important as that we have just passed by, though the time has come when it seems to me that all ought,to be prepared for peace. The rebellion being suppressed, and the shedding of blood being : stopped, the sacrifice of life being suspended anl'J stayed, it seems that the time has arrived whsn you should be at peace, when the bleeding ar- PRESIDENT JOHNSON'S SPEECHES. 137 teiles should be lied up. [A voice, "New Or leans."] Go on ; perhaps if you had a word or two on the suDject of New Orleans you might understand more about it than you do. [Laugh ter.] And if you will go back— if you will go back and ascertain the cause of the riot at New- Orleans, perhaps you would not be so prompt in calling out " New Orleans." If you will take up the riot at New Orleans, and trace it back to its source or its immediate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Con gress, [cheers and cries of " Bully !"] you will find that the riot at New Orleans was substan tially planned. If you will take up the proceed ings in their caucuses you will understand that they there knew [cheers] that a Convention was to be called, which was extinct by its power having expired ; that it was said that the inten tion was that a new government was to be or ganized, and on the organization of that govern ment the intention was to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at the same time- disfranchise white men. When you design to .talk about New Orleans [confusion] you ought to Understand what you are talking about. When you read the speeches that were made, and take lipthe facts on the Friday and Saturday before that Convention Bat, you will there find that speeches were there made incendiary in their character, exciting that portion of the popula tion, the black population, to arm themselves and prepare for the shedding of blood. [A voice, <" That's so," and cheers.] You will also find that that Convention did assemble in violation of law, and the intention of that Convention was to su persede the reorganized authorities in the State government of Louisiana, which had been recog nized by the Government of the United States ; and every man engaged in that rebellion in that Convention, with the intention of superseding and upturning the civil government which had been recognized by the Government of the United States, I say that he was a traitor to the Consti tution of the United States, [cheers ;] and hence you find that another rebellion was commenced, having its origin in the radical Congress. These men were to go there, a government was to be organized, and the one in existence in Louisiana was to be superseded, set aside, and overthrown. You talk to me about New Orleans. And there the question was to come up, when they had established their government— a question of po litical powers — which of the two governments was to, he recognized, a new government, inaug urated under this defunct Convention, set up in violation of law and without the will of the people. Then when they had established their government and extended universal and impar tial franchise, as they called it, to the colored population, then this radical Congress was to de termine that a government established on negro votes was to be the government of Louisiana. (Voices, "Never!" Cheers and cries of "Hun ah or Andy!"] So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed ; and every drop of blood that was shed is upon their skirts, and they are responsi ble for it. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes and consequences that re sulted from proceedings of that kind, perhaps as 1 have been introduced here, and you have pro voked questions of this kind, though it does not provoke me, I will tell you a few wholesome things that have been done by this radical Con gress [cheers] in connection with New Orleans ac,d_ the extension of the elective franchise. |I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere— that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the Government, [cheers ;] , that I had exercised that power, [cries, "Bully for you!"] that I had abandoned the party that elected me, and that I was a traitor, [cheers.] because I exercised the veto power in attempting and did arrest for a time a bill that was called a "Freedmen's Bureau bill;'' yes, that I was a traitor. And I have been traduced, I have been slandered, I have been maligned, I have been called Judas Iscariot and all that. Now, my countrymen here to-night, it is very easy to indulge in epithets; it is easy to call a man Judas, and cry out traitor ; but when he is called upon to give arguments and facts he is very often found wanting. Judas Iscariot — Judas. There was a Judas, and he was one of the twelve apostles. Oh ! yes, the twelve apos tles had a Christ. [A voice, "And a Moses, too;" laughter.] The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? [Hisses and cheers.] These are the men that stop and compare themselves •with the Saviour; and everybody that differs with them in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to be denounced as a Judas. [" Hurrah tor Andy 1 " and cheers.] \ In the days when there was a Christ, while there was a Judas, were there unbelievers ? Yes, v/hile there were Judases there were unbelievers. [Voices heard, " Three groans for Fletcher."] Yes, oh yes ; unbelievers in Christ, men who persecuted and slandered, and brought Him be fore Pontius Pilate, and preferred charges, and condemned and put Him to death on the cross to satisfy unbelievers ; and this same persecuting, diabolical, and nefarious clan to-day would per secute and shed the blood of innocent men to carry out their purposes. [Cheers.] But let me tell you ; let me give you a few words here to-night. But a short time since I heard some one say in the crowd that we had a Moses. [Laughter.] Yes, there is a Moses ; and I know sometimes it has been said that I have said that I would be the Moses of the colored man. [Cries of " Never !" and cheers.] Why, I have labored as much in the cause of emancipa tion as any other mortal man living ; but, while I have striven to emancipate the colored man, I have felt and now feel that we have a great manj- whhe men that want emancipation. There 138 POLIT^AL MANUAL. if a set amongst you that have got shackles on U.eir limbs, and are as much under the heel and control of their masters as the colored snan that Was emancipated. I call upon you here to-night, as freemen, as men, to favor the emancipation of the white men as well as the colored ones. I nave been in favor of emancipation. I hav'i nothing to disguise about that. I have tried to do as much, and have done as much — and when they talk about Moses, and th* colored man being led into the promised land, where is the land that this clan proposes to lead them into ? When we »,alk about taking then out from among the white population and sending them to other ¦slimes, what is it they propose ? Why, it is to give us a Freedmen's Bureau. And after giving ns a Freedmen's Bureau, what then ? Why, here in the South it is not necessary for me to ialk to you, where I have lived and you have lived, and understand the whole system and how it operates. We know how the slaves have been worked heretofore. Their original owners bough t the land and raised the negroes, or purchased them, as the case might be, paid all the expense of carrying on the farm ; and after producing to bacco, cotton, hemp, flax, and all the various products of the South, bringing them into the market without any profit on them, while their owners put it all into their pockets. This was their condition before the emancipation ; this was their condition before we talked about their Moses. [Laughter.] 1 ask your attention. Come, ts we have got to talking on this subject give me your attention for a few minutes. I am addressing myself to your braids and not to your prejudices, to your reason and not to your passions ; and when reason and argument again resume their empire, this mist, this prejudice, that has been incrnsted upon the public mind, must give way and reason become triumphant Now, my countrymen, let me call your attention to a single fact, the Freedmen's Bureau. [Laugh- ' ter and hisses.] Slavery was an accursed institution until emancipation took place. It was an accursed institution while one set of men worked them and got the profits. But after emancipation took place they gave us the Freedmen's Bureau ; they gave us these agents to go into every county, every township, and into every school district throughout the United States, and especially the southern States ; they gave us commissioners ; they gave us $12,000,000, and placed the power in the hands of the Executive, who was to work this machinery, with the army brought to his aid and to sustain it. They let us run it with $12,000,000 as a beginning, and in the end receive fifty Dr sixty millions, and let us work the four millions of slaves. In fine, the Freedmen's Bu reau was a simple proposition to transfer four millions of slaves in the United States from their original owners to a new sew set of taskmasters. [A voice, " Never !" and cheers.] I have been laboring for years to emancipate them ; and then I was opposed to seeing them transferred to a Dew set of taskmasters, to be worked with more rigor than they had been worked heretofore. [Cheers.] Yes, under this new system they would work the slaves, und call on the Govern ment to bear all the expenses, and if there were any profits left why they would pocket thefn. [Laughter and cheers.] Thus, you, the people, must pay the expense of running the machine out of your own pockets while they get the pro fits of it. I simply intended to-night to tender you nip sincere thanks ; but as I go along, as we are talk ing about this Congress, and these respectable gentlemen who contend that the President is wrong because he vetoed the Freedmen's Bureau bill, and all this ; because he chose to exercise the veto power, he committed a high offence, and therefore ought to be impeached. [Voice, " Never."] Yes, yes; they are ready to impeach him. [Voice, "Letthem tryit."] And ifthey were satisfied they had the next Congress by a decided majority, as this, upon- some pretext or other — violating the Constitution, neglect of duty, or omitting to enforce some act of law — upon some pretext or other, they would vacate the execu tive department of the United States. [A voice, "Too bad, they don't impeach him."] Now, as we talk about this Congress, let me call the sol diers' attention to this immaculate Congress. Let me call your attention to — oh ! yes ; this Congress that could make war upon the Execu tive because he stands upon the Constitution and vindicates the rights of the people, exercising the veto power in their behalf. Because he daredto do this they can clamor and talk about impeach ment; and by way of stimulating this increasing confidence with the soldiers throughout tho country, they talk about impeachments. So far as offenses are concerned, upon this subject of offenses let me ask you [vpice, " Plenty here to night"] to go back into my history of legisla tion, and even when Governor of a State. Let me ask if there is a man here to-night who in the dark days of. Know-Nothingism stood and battled more for their rights. [Voice, " Good,1' and cheers.] It has been my peculiar misfortune to have fierce opposition because I have always struck my blows direct, and fought with right and the Constitution on my side. [Cheers.] Yes, I will come back to the soldiers again in a moment. Yes ; here was a neutrality law. I was sworn, in support of the Constitution, to see that the law was faithfully executed. [" Why didn't yon, do it ?"] The law was executed; and because it was executed, then they raised a clamor, and tried to make an appeal to the foreigners, and especially the Fenians. And what did they do ? They in troduced a bill to tickle and play with the fancy, pretending to repeal the law, and at the same time making it worse, and then left the law just where it is. [Voice, "That's so !] They knew that whenever a law was presented to me, proper in its provisions, ameliorating and softening the rigors of the present law, it would meet my hearty approbation. But as they were pretty well broken down and losing public con fidence, at the heel of the session they found they must do something; and hence, what did they dp? They pretended to do something for the soldier). Who has done more for the soldiers than I have? Who has perilled more in this struggle than I have? [Cheers.] But then, to make them their peculiar friends and favorites of the soldier, they PEESIDENT JOHNSON'S SPEECHES 139 come forward with a proposition to do what? Why we will give the soldier $50 bounty — your attention to this — if he has served two years, and $100 if he has served three years. 'Now, mark you, the colored man that served two years can get his $100 bounty, but the white man must serve three years before he can get his. [Cheers.] But that is not the point. While they were tickling and attempting to please the soldiors, by giving them $300 for two years' service, they took it mto their heads to give somebody else about [laughter] , and they Voted themselves not fifty dollars, two years' service. Your attention : I want to make a lodgment in your minds of tho facts, because I want to put the nail in ; and having put it in, I want to clinch it on the other side [Cheers.] The brave boys, the patriotic young man who followed his gallant officers, slept in the tented field, and perilled his life and shed his blood, and left his limbs behind him, and came home man gled and maimed, he can get fifty dollars bounty, if he has served two years; but the members of Congress, who never smelt gunpowder, can get $4,000 extra pay. | Great cheering.] This is a faint picture, my countrymen, of what has trans pired. [A voice, " Stick to that question."] , Fellow-citizens, you are all familiar with the work of restoration. You know that since the rebellion collapsed, since the armies were sup pressed in the field, that everything th?,t could be done has been done by the executive depart ment of the Government for the restoration of the Government ; everything has been done with the exception of one thing, and that is the ad mission of members from eleven States that went into the rebellion ; and after having accepted the terras of the Government — having abolished sla very, having repudiated their debt and sent loyal representatives — everything has been done ex- septing the admission of representatives, to which all the States are entitled. [Cheers.] When you turn and examine the Constitution of the United States, you find that you cannot even .amend that Constitution bo as to deprive any State of its equal suffrage in the Senate. [A voice, "They have never been out."] It iB said before me they have never been out. I say so too. That is what I have always said. They have never been out, and they cannot go out. [Cheers.] That being the faet, under the Con stitution they are entitled to equal representa tion in the Congress of the United States with out violating the Constitution, [cheers ;] and the same argument applies to the House of Rep resentatives. How, then, does the matter stand? It used, to be one of the arguments, that if the States withdraw their Representatives and Senators, that was secession — a peaceable breaking up of the Government. Now the radical power in this Government turn round and assume that the States are out of the Union, that they are not entitled to representation in Congress. [Sheers.] That is to say, they are dissolutionists, and their position now is to perpetrate a disruption of the Government ; and that, too, while they are de nying the States the right of representation, they impose taxation upon them, a principle upon which, in the Revolution, you resisted the power of Great Britain, We deny the right of taxa tion without representation ; that is one of our great principles. Let the Government be restored ; let peace be restored among this people. I have labored for it ; I am for it now. I deny this doctrine of secession, come from what quarter it may, whether from the North or from tho South. I am opposed to it, and am for the union of the States. [Voices, "That's right,'' and cheers.] I am for the thirty-six States, representing thirty- six States, remaining where they are under the Constitution as your fathers mado it and handed it down to you ; and if it is altered or amended, let it be done in the mode and manner pointed out by that instrument itself, and in no other. [Cheers.]- I am for the restoration of peace. Let me ask the people here to-night if we have not slied enough of blood. Let me ask, Are you prepared to go into another civil war ? Let me ask this people here to-night, Are they prepared to set man upon man, and in the name of God lift his hand against the throat of his fellow? [Voice, " Never ! "] Are you prepared to see our fields laid waste again, our business and our commerce suspended, and our trade stopped ? Are you prepared to see this land again drenched in our brothers' blood? Heaven avert it ! is my prayer. [Cheers.] I am one of those who believe that man does sin, and having sinned, I believe he must repent, and, some times, having repented makes him a better man than he was hefore. [Cheers.] I know it has been said that I have exercised my pardoning power. Yes, I have. [Cheers, and " What about Drake's constitution ? '] Yes I have ; and don't you think it is to prevail ? I reckon I have pardoned more men, turned more men loose, and set them at liberty that were im prisoned, I imagine, than any other living man on God's habitable globe. [Voice, " Bully for you !" cheers.] I turned forty-seven thousand of our men loose who engaged in this struggle, with the arms we captured with them, and who were then in prison. I turned them loose. [Voice, "Bully for you!" and laughter.] Large num bers have applied for pardon, and I have granted them pardon ; yet there are some who condemn, and hold me responsible for doing wrong. Yes, there are some who staid at home, who did not go into the field, that can talk about others being traitorous and being treacherous. There are some who can talk about blood and vengeance and crime and everything to make treason odious, and all that, who never smelt gunpowder on either side. [Cheers.] Yes, they can condemn others, and recommend hanging and torture, and all that. If I have erred, I have erred on the side of mercy. Some of these croakers have dared to assume they are better than was the Saviour of men himself — a kind of over-righteous — better than anybody else; and, although want ing to do Deity's work, thinking He cannot do it as well as they can. [Laughter and cheers.] Yes, the Saviour of men came on earth and found the human race eondemned and sentenced under the law ; but when they repented and be lieved, He said Let them live. Instead of exe cuting and putting the whole world tc death, He went upon the cross, and there was nailed by 140 POLITICAL MANUAL. unbelievers, there shed his blood that you might live. [Cheers.]1 Think of it; to execute and hang and put to death eight millions of people. Never ! It is an absurdity. Such a thing is im practicable, even if it were right ; but it is the violation of all law, human and divine. [Voice, " Hang Jeff Davis. You call on Judge Chase to hang Jeff Davi-, will you? " Great cheering.] I am not the court, I am not the jury, nor the judge. Before the case comes to me, and all other cases, it would have to come on application as a case for pardon. That is the only way the case can get to me. Why don't Judge Chase, the Chief Justice of the United States, in whose district he is — why don't he try him ? [Loud cheers.] But perhaps I couid answer the ques tion, as sometimes persons want to be facetious and indulge in repartee. I might ask you a question, Why don tyou hang Thad Stevens and Wendell Phillips ? [Great cheering.] A traitor at one end of the line is as bad as a traitor at the other. I know that there are some who have got up their little pieces and sayings to repeat on public occasions — talking parrots that have been placed in their mouths by their supe riors — who have not the courage and the manhood to come forward and tell them themselves, but have their understrappers to do their work for them. [Cheers.] I know there are some that talk about this universal elective franchise, upon which they wanted to upturn the Government af Louisiana and institute another, who con tended that we must send men there to control, govern, and manage their slave population be cause they are incompetent to do it themselves. And yet they turn round, when they get there, and say they are competent to go to Congress and manage all the affairs of State. [Cheers.] Before you commence throwing your stones you ought to be Bure you don't live in a glass house. Then why all this clamor? Don't you Bee, my countrymen, it is a question of power; and being in power, as they are, their object is to perpetu ate their power, since, when you talk about turning any of them out of office, oh, they talk about bread and butter. [Laughter.] Yes, these men are the most perfect and complete bread and butter party that has ever appeared in thiB Government. [Great cheering.] When you make an effort or struggle to take the nipple out of their mouths, how they clamor. They have stayed at home here five or six years, held the offices, grown fat, and enjoyed all the emoluments of position ; and now, when you talk about turning one of them out, oh, it is pro scription; and hence they come forward and pro pose, in Congress, to do what? To pass laws to prevent the Executive from turning anybody out. [Voice, " Put 'em out.] Hence, don't you see what the policy was to be ? I believe in the food old doctrine — advocated by Washington, efferson, and Madison — of rotation in office. These people who have been enjoying tljese offices seem to have lost sight of this doctrine. I believe that one set of men have enjoyed the emoluments of office long enough. They should let another portion of the people have a chance. [Cheers.] How are these men to be got out — Voice, " Kick 'em out 1" Cheers and laughter.] —unless your Executive can put them out, unless you cmi teach them through the President? Congress says he shall not turn them out, and they are trying to pass laws to prevent it being done. Well, let me say to you, if you will stand by me in this action, [cheers,] if you will stand by me in trying to give the people a fair chance — soldiers and citizens — to participate in these, offices, God being willing, I will kick them out.: I will kick them out just as fast as I can. Let me say to you, in concluding, that what I have said I intended to say. I was provoked intst this, and I care not for their menaces, the taunts and the jeers. I care not for threats. I do not; intend to be bullied by my enemies nor over awed by my friends. But, God' willing, with your help, 1 will veto their measures whenever any of them coma to me. I place myself upon the ramparts of the Constitution when I see the enemy approaching ; so long as I have eyes to"" see, or ears to hear, or a tongue to sound the! alarm, so help me God, I will do it, and call on the people to be my judges. [CheerB.] I tell you here to-night that the Constitution of this country is being encroached upon. I tell yon here to-night that the citadel of liberty is being endangered. [A voice, " Go it, Andy!"],, Say to them, "Go to work; take the Constitution, as your palladium of civil and religious liberty;" take it as your chief ark of safety." Justletme ask you here to-night to cling to the Constitution,: in this great struggle for freedom and for its preservation, as the shipwrecked mariner clings : to the mast when the midnight tempest closes.'-. around him. t'. So far as my humble life has been advanced.', the people of Missouri, as well a3 other States, know that all myefforts have been devoted in - that direction. Why, where is the speech.where:- is the vote to be got of mine but which has al-r ., ways had a tendency to elevate the great work- '." ing classes of this people? When they talk : about tyranny and despotism, where is one act. ' of Andy Johnson's that ever encroached upon - the rights of a freeman in this land ? But be cause I have stood, as a faithful sentinel, upon'-, the watch-tower of freedom to sound the alarny ; hence all this traducing and detraction that has" been heaped upon me. [Cries of "Bully for Andy Johnson!"] - I now, in conclusion, my countrymen, hand.', over to you the flag of your country with thirty-' six stars upon it. I hand over to you your Con- "•. stitution, with the charge and responsibility of preserving it intact. I hand over to you to-day. . the Union of these States, the great magic circle.)', which embraces them all. I hand them all over" to you, the people, in whom I have always trusted in all great emergencies. I hand them over to you, men who can rise above party, who can stand around the altar of a common country with their faces uplifted to heaven, swearing by Him who lives forever and ever, that the altar and ' all shall sink in the dust, but that the Constitu?,.. tion of the Union shall be preserved. Let ub stand by the Union of these States ; let us fight the enemies of the Government, oome from what quarter they may. My stand has been taken. You understand what my position, is. And parting with you now, I leavetheGov- ernment in your hands, with the confidence 1 PRESIDENT JOHNSON'S SPEECHES. 141 have always had, that the people will ultimately redress all wrongs and set the Government right.' Then, gentlemen, in conclusion, for the cordial welcome you have shown me in this great city of the South, whose destiny none can foretell, now, in bidding you good night, I leave all in your charge and thank you for the cordial wel come you have given in this spontaneous out pouring of the people of your city. Interview with Chas, G, Halpine, March 5, 1867. And now, apart from the directly political, [continued the President,] what is the mam issue looming up in the immediate future ? What issue is clearly foreshadowed to be the Aaron's rod which must swallow up all minor questions ? It is the great financial issue, the issue of the na tional debt; whether it shall be paid or repudi ated. This issue has fibre3 extending into the pockets of every citizen; for wherever a man has a dollar, or can earn a dollar, the Government is i^dw oompelled to go for its portion of his stibstftnce ; and with the vast machinery under its control, the money is fetched. There were four millions of Blaves in the Bbuthern States before the rebellion, represent ing a capital of three, or possibly four billions of dollars ; but let us call it three billions, or three thousand millions, as you may please. These slaves represented that amount of pro perty, men put their savings into purchasing or raising them, and they represented as property Whatever were the surplus profits of their labor, after due allowance for food, clothing, medicine, and interest on the capital invested. On this property in slaves gradually grew up that slave oligarchy or aristocracy, against which the leaders of the anti-slavery party so successfully thundered during the twelve years preceding the rebellion ; and after the first mad plunge into rebellion, the fate of that aristoc racy was sealed. It is now a thing of the past. With its virtues — for it had virtues, eourage, and hospitality eminently — and with its crimes of pride and lawless revolution, it has entered into history, and is a thing of the past. But what do we find ? The aristocracy based on $3,000,000,000 of property in slaves south of Mason and Dixon's line has disappeared ; but an aristocracy, based on over $2,500,000,000 of national securities, has arisen in the northern States, to assume that political control which the consolidation of great financial with political in terests formerly gave to the Blave oligarchy of the late rebel States. The aristocracy based on negro property disappears at the southern end of the line, but only to reappear in an oligarchy of bonds and national securities in the States which suppressed the rebellion. We ha,ve all read history, and is it not certain that of ail aristocracies, that of mere wealth is the most odious, rapacious, and tyrannical? It foes for the last dollar the poor and helpless aye got ; and with such a vast machine as this Government under its control, that dollar will be fetched. It is an aristocracy that can see in the people only a prey for extoition. It has no political or military relations with them, such as the old feudal system created between liege lord and vassal ; it has no intimate social and domestic ties, and no such strong bond of self- interest with the people as existed of necessity between the extinct slaveholders o'f our country and their slaves. To an aristocracy existing on the annual interest of a national debt, the peo ple are only of value in proportion to their docility and power of patiently bleeding golden blood under the tax-gatherer's thumb-screw. To the people the national debt is a thing of debt to be paid; but to the aristocracy of bonds and national securities it is a property of more than $2,500,000,000, from which a revenue of $180,000,000 a year is to be received into their pockets. So we now find that an aristocracy of the South, based on $3,000,000,000 in negroes, who were a productive class, has disappeared, and their place in political control of the country is assumed by an aristocracy based on nearly $3,000,000,000 of national debt^-a thing which is not producing anything, but which goes on steadily every year, and must go on for all time until the debt is paid, absorbing and taxing at the rate of six or seven per cent, a year for every $100 bond that is represented in its aggregation. Now, I am not speaking of this to do anything but deprecate the fearful issue which the madness of partisan hatred and the blindness of our new national-debt aristocracy to their own true inter ests is fast forcing upon the country. But is it not clear that the people, who have to pay $180,000,000 a year to this consolidated moneyed oligarchy, must, sooner or later, commence ask ing each other " How much was actually loaned to our Government during the «ivil war by these bondholders, who now claim that we owe them nearly $3,000,000,000?" You know what the .popular answer must be — I do not say the right answer — " Less than half the amount they claim, for gold ranged at an average of one hundred premium while this debt was being incurred." Just think of the annual tax of $180,000,000 for payment of interest on our national debt ! This Government we have, with its enormous machinery, is a pretty hefty business in itself, costing more per capita to the people than the Government of England, which we always here tofore regarded as the most tax-devouring on earth. But over and beyond the expenses of the Government proper, as it should stand in the scale of peace at about $60,000,000 a year, we have, in the $180,000,000 of interest paid yearly on our national debt, enough to support three such Governments as this, with all their vast machinery and disbursements I We- have not only, under the present system, one Government for the people to support, but, over and beyond this, we have to raise by taxation from the peo ple sufficient to support three similar establish ments every year! All property is based upon and ean only be sustained by law ; and it is for a return to law and the guide of fixed constitutional principles that my whole course has been contending. But so short-sighted is this aristocracy of bonds and paper currency, this Plutocracy of the national debt that my efforts in behalf of their true in terests (which are certainly involved in the main tenance of law and the Constitution) have been everywhere encountered, and almost everywhere 142 POLITICAL MANUAL. overwhelmed, by the preponderating, influence which they have acquired from the natural force of capital and the agency of our national banks. And what has been the course of that Con gress which has just ended, and wMch this blind aristocracy of national debt sustafied in over riding my efforts for a return to sound principles of internal government? Look at the bill giving from $480,000,000 to $600,000,000, nominally for back bounty, or as an equalization of boun ties to the soldiers, but really, as"all intelligent men must be aware, to be parcelled out as a prey among the bounty sharks and claim agents, who are the most reckless and clamorous adherents of the dominant majority in Congress. Then look at appropriations amounting to another $100,000,000, for internal improvements, which should properly be left to the laws governing private industry and the progress of our national development. Look also at the increase of all salaries with a prodigal hand, this virtuous Con gress first setting an example against retrench ment by voting to themselves an increase of salaries. Everywhere, and in an ever-increasing ratio, the motto seems to be, "Always spend and never spare," a fresh issue from the paper-mill over yonder [slightly pointing his pencil to the Treasury Department] being the panacea pre scribed for every evil of our present situation. Every effort to increase our annual taxation is resisted, for increased taxes might help to awaken the people from their false dream of prosperity under the sway of revolutionary and radical ideas ; but no. addition to the national debt can be proposed, no further inflation of our inflated currency, which the preponderating votes of the western States will not be certain to favor. The war of finance is the next war we have to fight ; and every blow struck against my efforts to uphold a strict construction of the laws and the Constitution is in reality a blow in favor of repudiating the national debt. The manufacturers and men of capital in the eastern StateB and the States along the Atlantic seaboard — a mere strip or fringe on the broad mantle of our country, if you will examine the map — these are in favor of high protective, and, in fact, pro hibitory tariffs, and also favor a contraction of the currency. But against both measures the interests and votes of the great producing and non-manufacturing States of the west stand ir revocably* arrayed, and a glance at the map and the census statistics of the last twenty years will tell every one who is open to conviction how that war must end. The history of the world gives no example of a war debt that has ever been paid ; but we have an exceptional country, and present an excep tional case. Our debt might easily be paid, pro vided the brakes against excessive expenditures could be turned on quickly enough ; but now is the appointed time, and now or never the work must be commenced. If that debt is ever to be paid we need economy in every branch of the public service — the reduction, not an increase of salaries to Congressmen and other officials ; the systematic reduction of our national debt ; and not its increase by such monstrous bills as this last demagogue measure for the pretended equali zation of bounties. The Congress, forsooth, is so patriotic, so loyal, that it " can refuse our gal lant soldiers nothing." But you must have seen how promptly it rejected the names of nearly every gallant veteran sent in by me for confirm ation to any civil office, a majority of our ex tremely " loyal Senators " using their guillo tine without remorse in nearly every instance. And whither is all this drifting ? To intelli gent men there can be but one answer. We are drifting towards repudiation, and the moneyed aristocracy of the national debt, the very men whose interests are most j eopardized, are so blind that they are practically helping to accelerate, not check our course in this downward direction. We need the industry and enormous possible pro ducts of the lately revolted States to help us in bearing our heavy burden ; we need confidence and calm ; we needinternal harmony ; and above all, we need areturn to theunquestionedsuprem- acy of the civil laws and constitutional restraints, if our debt is not to be repudiated within the next half score of years. Financial prosperity was secured up to within a recent period ; but already the delicate fabric of public credit — a house of cards at best — be gins to totter under the concussion of the vari ous revolutionary ideas which have been re cently exploited on the floors of Congress. Who now talks of the Constitution with respect ? Who is not now made a laughing-stock in the papers and speeches of the violent revolutionary party, if he shall be so hardy as to claim that, being again at peace, the sway of civil over military law should be immediately resumed, if we desire to maintain our liberties ? " The Constitution is played out," we hear on every hand ; and every effort to advocate the just ascendency of •the civil law only furnishes fresh food for ridi cule. No party as yet, and possibly no party for some years, will openly hoist the banner of re pudiation. But a majority of those who shaped the legislation of this last Congress must know, unless they deceive themselves, or are too igno rant to appreciate their own acts, that we are drifting in that direction, and that it is by their votes we have been swung out into the down ward stream. Doubtless, some of them would either be, or affect to feel, horrified if to-day branded as repudiationists, just as, in the in fancy of the free-soil agitation, itwas considered a bitter slander if the " freesoiler " should ba styled an "abolitionist." There ara steps in everything, and the term of reproach to-day will be worn as a feather in the cap some years from now, unless the true conservative wisdom of the country can be awakened, and rapidly, from its asphyxiating dream that our " national debt is a national blessing." And look at the effect of the reconstruction bill just passed over my unavailing veto. I mean its peculiar effect as a step in the direction of repudiation, and not its general effect as a high* handed measure of congressional usurpation, striking out of existence so many States, and establishing a military despotism over more than one-third of our geographical Union. This bill suddenly adds four millions of ignorant and pen niless negroes to the voting force of the country, an accession of just so much strength to the PRESIDENT JOHNSON S MESSAGES. 143 .tarty whose interest it is, and must increasingly Jjecome, to favor repudiation as a policy. To secure th e public creditor, our efforts should be, if that were possible, to restrict rather than to extend tho right of suffrage ; for money rapidly aggregates in a few hands ; and whenever the men who have an interest in seeing that our na tional debt is paid shall have become out of all proportion few, compared with those who have an interest in its repudiation, the votes of the many will carry it, and the debt of $3,000,000,000 will be struck out of existence by ballots, just as rapidly and utterly as the similar amount in vested in southern negroes has been abolished during the recent war under showers of bullets. At least, this is possible. That we are to have a great financial crash this yeat 1 hold to be inevitable, though depre cating it, and having used every effort for its avoidance. To Bay that it can be staved off by any legislation, if the violated laws of trade and public economy call for it, is to assert that water can be made to run up hill, or shall cease to seek its own level under the compulsion of a congres sional enactment Perhaps, for so violent a dis- , 0,066, this violent cure may be the only remedy. It is like a man sustaining his strength on brandy ; so long as he can increase the dose daily, he may get along in high good humor, just as we have been prospering on an irredeem able paper currency and fresh issues of public securities. But sooner or later, the day will come in whish brandy no longer can stimulate ; nor can irredeemable promises to pay pass cur rent as a circulating medium forever To the man will come a s-vere fit of sickness, teaching him that the laws of temperance can only be violated under fear'al penalties, and to the ua tion will come a financial crash, teaching it that paper is only a representative of value, not value itself; and that the only true securities for our puhlic credit must be looked for in a system of rigidly exacted obedience to all constitutional restraints, and a thorough system of economy in all branches of the public service. For the slights and indignities, the uncon stitutional curtailments and dishonors whieh the recent Congress has attempted to cast upon me for my unflinching and unalterable devotion to my constitutional oath, and to tlie best in terests of the whole country, according to my best judgment and experience, I am only sorry as regards the indignities .sought to be imposed on my high office, but unmoved as regards my self. Conscious of only having executed my duty, conscious of being denounced for " usurpa tion" only because refusing to accept unconsti tutional powers and patronage, and satisfied that the day of wiser thought and sounder esti mate cannot now be far distant, I look with perfect confidence for my vindication to the justice of that future which I am convinced can not long be delayed. Unless all the senses are deceptive, unless all truth be a lie, unless God has ceased to live, I tell you that the folly and fraud now dominating the councils of this dis tracted country in Congress cannot endure for ever. It is, perhaps, but right to add that the fore going is a report from memory of remarks made by Mr. Johnson in an extended conversation yesterday afternoon, and that the original did not take the form of a set speech, here unavoida bly given to it. It should also be added that a few points embraced in the report, and attrib uted exclusively to the President, may have been, more or less, suggested by interjectional remarks of the person to whom he was speak ing ; but nothing has been here set down to which the full assent of Mr. Johnson was not given, alwayB provided, of course, that his lis tener understood him, and remembers correctly. PRESIDENT JOHNSON'S MESSAGES. The Annual Message, December 4, 1866. The following portions relate to reconstruc tion, and kindred subjects : Fellow-citizens of the Senate and Souse of Repre sentatives : After a brief interval the Congress of the Uni ted States resumes its annual legislative labors. An all-wise and merciful Providence has abated the pestilence which visited our shores, leaving its calamitous traces upon some portions of our coun try. Peace, order, tranquillity, and civil author ity have been formally declared to exist through out the whole of the United States. In all of the States civil authority has superseded the coercion of arms, and the people, by their voluntary action, are maintaining their governments in full activity and complete operation. The enforcement of the laws is no longer "obstructed in any State by com binations too powerful to be suppressed' by the ordinary course of judicial proceedings ;" and the animosities engendered by the war are rapidly yielding to the beneficent influences of our free institutions, and to the kindly effects of unre stricted social and comme.rcial intercourse. An entire restoration of fraternal feeling must be the earnest wish of every patriotic, heart ; and we will have accomplished our grandest national achievement when, forgetung the sad events of the past, and remembering only ttieir instructive lessons, we resume our onward careei as a free, prosperous, and united people. 144 POLITICAL MANUAL. In my message of the 4th of December, 1865, Congress was informed of the measures which had been instituted by the Executive with a view to the gradual restoration of tho States in which the insurrection occurred to their rela tions with the General Government. Provisional Governors had been appointed, conventions called, Governors elected, Legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts had been opened for the enforcement of laws long in abey ance. The blockade had been removed, custom houses re-established, and the internal revenue laws put in force, in order that the people might contribute to the national income. Postal oper ations had been renewed, and efforts were being made to restore them to their former condition of efficiency. The States themselves had been asked to take part in the high function of amend ing the Constitution, and of thus sanctioning the extinction of African slavery as one of the legit imate results of our internecine struggle. Having progressed thus far, the executive de partment found that it had accomplished nearly all that was within the scope of its constitutional authority. One thing, however, yet remained to be done before the work of restoration could be completed, and that was the admission to Con gress of loyal Senators and Representatives from the States whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Houses, which, by tho Constitution, are made the judges of the elections, returns, and qualifications of their own members ; and its consideration at once engaged the attention of Congress. In the mean time, the executive department — no other plan having been proposed by Con gress — continued its efforts to perfect, as far as was practicable, the restoration of the proper relations between the citizens of the respective States, the States, and the Federal Government, extending, from time to time, as the public inter ests seemed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the Senate, the necessary officers were appointed, and appropriations made by Congress for the payment of their salaries. The proposition to amend the Federal Constitution so as to prevent the existence of slavery within the United States or any place subject to their jurisdiction, was ratified by the requisite number of States, and, on the 18th day of December, 1865, it was officially declared to have become valid as a part of the Constitution of the United States. All of the States in whieh the insurrec tion had existed promptly amended (heir consti tutions so as to make them conform to the great change thus effected in the organic law of the land ; declared null and void all ordinances and laws of secession ; repudiated all pretended debts and obligations created for the revolutionary purposes of the insurrection ; and proceeded, in good faith, to the enactment of measures for the protection and amelioration of the condition of the colored race. Congress, however, yet hesi tated to admit any of these States to representa tion ; and it was not until towards the close of the eighth month of the session that an exception was made in favor of Tennessee by the admjssion of her Senators and Representatives. I deem it a subject of profound regret Jha« Congress has thus far failed to admit to seat! loyal Senators and Representatives from the other States whose inhabitants, with those of Tennessee, had engaged in the rebellion. Ten States — more than one-fourth of the whole number — remain without representation I The seats of fifty mem bers in the House of Representatives and of twenty members in the Senate are yet vacant — not by tneir own consent, not by a failure of election",'but by the refusal of Congress to accept their creden tials. Their admission , it is believed, would haye accomplished much towardo the renewal and strengthening of our relatione as one people, and removed serious cause for discontent on the part of the inhabitants of those Staiea. It would have accorded with the great principle enunciated in the Declaration of American Independence, thai no people ought to bear the burden of taxation and yet be denied the right of representation. It would have been in consonanco with the ex press provisions of the Constitution, that "each State shall have at least one Represontalive,"'and "that no State, without its consent, shall be "de prived of its equal suffrage in the Senate." These provisions were intended to secure to every State, and to the people of every State, tho right of representation in each House of Congress ; and so important was it deemed by the framers, of the Constitution that the equality of the States in the Senate should he preserved, that not even by an amendment of the Constitution ean any State, without its consent, be denied a voice in that branch of the national Legislature. It is true, it has been assumed that the exist ence of the States was terminated by the rebel lious acts of their inhabitants, and that the in surrection having been suppressed, they were thenceforward to be considered merely as con quered territories. The legislative, executive, and judicial departments of the Government' have, however, with great distinctness and uni form consistency, refused to sanction an assump tion so incompatible with the nature of our re publican system and with the professed objects of the war. Throughout the recent legislation of Congress, the undeniable fact makes itself apparent, that these ten political communiti^ are nothing less than States of this Union. At the very commencement of the rebellion each House declared, with a unanimity as remarkable as it was significant, that the war was not " waged, upon our part, in any spirit of oppres sion, nor for any purpose of conquest or subju gation, nor purpose of overthrowing or interfer ing with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the UnioS with all the dignity, equality, and rights of the, several States unimpaired ; and that as soon as these objects" were " accomplished the war ought to cease." In some instances Senators were per mitted to continue their legislative functions! while in other instances Representatives were elected and admitted to seats after their States had formally declared their right to withdraw from the Union, and were endeavoring to main tain that right by force of arms. All of tho States whose people were in insurrectiotu'.as States, were included in the apportionment ol PRESIDENT JOHNSON'S MESSAGES. 145 the. direct tax of $20,000,000 annually, laid upon the United States by the act approved 5th August, 1861. Congress, by the act of March 4, 1862. and by the apportionment of represen tation thereunder, also recognized their presence as States in the Union ; andthey have, for judi cial purposes, been divided into districts, as States alone can be divided. The same recognition [' appears in the recent legislation in reference to 'Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed by the rebellion, but merely suspended ; and that \ principle is of course applicable to those States which, like Tennessee, attempted to renounce their place in the Union. The action of the executive department of the Government upon this subject has been equally definite and uniform, and the purpose of the war was-specifically stated in the proclamation issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and de clared that " hereafter, as heretofore, the war will be prosecuted for the obj ect of practically restor ing the constitutional relation hetween the Uni ted States and each of the States and the people 'thereof, in which States that relation is or may be suspended or disturbed." The recognition of the States by the judicial department of the Government has also been clear and conclusive in all proceedings affecting them as States, had in the Supreme, Circuit, and District Courts. In the. admission of Senators and Representa tives from any and all of the States, there can be no just ground of apprehension that persons who are disloyal will be clothed with the powers of legislation ; for this could not happen when the Constitution and the laws are enforced by a Vigilant and faithful Congress. Each House is made the "judge of the elections, returns, and .qualifications ot its own members," and may, "with the concurrence of two- thirds, expel a member." When a Senator or Representative presents his certificate of election, he may at once be admitted or rejected; or, should there be any questipn as to his eligibility, his creden tials may be referred for investigation to the appropriate committee. If admitted to a seat, it must be upon evidence satisfactory to the House of which he thus becomes a member, that hepossesses the requisite constitutional and legal qualifications. If refused admission as a mem ber, for want of due allegiance to the Govern ment, and returned to his constituents, they are admonished that none but persons loyal to the United States will be allowed a voice in the le gislative councils of the nation, and the political power and moral influence of Congress are thus effeitively exerted in the interests of loyalty to the Government and fidelity to the Union. Upon this question, so vitally affecting .the restoration of the Union and the permanency of our pres ent form of government, my convictions, here tofore expressed, have undergone no change; but, on. the contrary, their correctness has been confirmed by reflection and time. If the admis sion of loyal members to seats in the respective Houses of Congress was wise and expedient a year ago, it is no less wise and expedient now. If this anomalous condition is right now — if, in the exact condition of these States at the present 10 time, it is lawful to exclude them from represen tation, I do not see that the question will be changed by the efflux of time. Ten years hence, if these States remain as they are, the right of representation will be no stronger, the right of exclusion will be no weaker. The Constitution of the United States makes it the duty of the President to recommend to the consideration of Congress " such measures as he shall judge necessary or expedient." I know of no measure more imperatively demanded by every consideration of national interest, sound policy, and equal justice, than the admission of loyal members from the now unrepresented States. This would consummate the work of restoration, and exert a most salutary influence in the re-establishment of peace, harmony, and fraternal feeling. It would tend greatly to renew the confidence of the American people in the vigor and stability of their institutions. It would bind us- more closely together as a nation, and enable us to show to the world the inherent and recuperative power of a Government founded upon the will of the people, and established upon the principles of liberty, justice, and intelligence. Our increased strength and enhanced prosperity would irrefragably demonstrate the fallacy of the arguments against free institutions drawn from our recent national disorders by the enemies of republican government, The admission of loyal members from the States now excluded from Congress, by allaying doubt and apprehension, would turn capital, now awaiting an opportunity for investment, into the channels of trade and industry. It would alleviate the present troubled condition of those States, and, by inducing emi gration, aid in the settlement of fertile regions now uncultivated, and lead to an increased pro duction of those staples which have added so greatly to the wealth of the nation and the com merce of the world. New fields of enterprise would be opened to our progressive people, and soon the devastations of war would be repaired, and all traces of our domestic differences effaced from the minds of our countrymen. In our efforts to preserve " the unity of gov ernment," which constitutes us one people, by restoring the States to the condition which they held prior to the rebellion, we should be cau tious, lest, having rescued our nation from perils of threatened disintegration, we resort to consol idation, and in the end absolute despotism, as a remedy for the recurrence of similar troubles. The war having terminated, and with-it all occa sion for the exercise of powers of doubtful con stitutionality, we should hasten to bring legisla tion within the boundaries prescribed by the Constitution, and to return to the ancient land marks established by our fathers for the guidance of succeeding generations. " The Constitution which at any time exists,-until changed by an explicit and authentic act of the wIioIk people, is sacredly obligatory upon all." " If,. in the. opin ion of the people, the distribution or modification of the constitutional powers be, in any particu lar, wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation ; for" " it is the customary weapon by which free Gov ernments are destroyed. Washington spok« these words to his oountrymen when, followed by. 146 POLITICAL MANUAL. their love and gratitude, he voluntarily retired from the cares of public life. " To keep in all things within the pale of our constitutional powers, and cherish the Federal Union as the only rock of safety," were prescribed by Jefferson as rules of action to endear to his " countrymen the true principles of their Constitution, and promote a union of sentiment and action equally auspicious to their happiness and safety." Jack son held that the action of the General Govern ment should always be strictly confined to the sphere of its appropriate duties, and justly and forcibly urged that our Government is not to be maintained nor our Union preserved "by inva sions of the rights and powers of the several States. In thus attempting to make our Gen eral Government strong, we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves ; in making itself felt, not in its power, but in its beneficence ; not in its control, but in its pro tection ; not in binding the States more closely to the centre, but leaving each to move unob structed in its proper constitutional orbit." These are the teachings of men whose deeds and services have made them illustrious, and who, long since withdrawn from the scenes of life, have left to their country the rich legacy of their example, their wisdom, and their patriotism. Drawing fresh inspiration from their lessons, let ns emulate them in love of country and respect for the Constitution and the laws. The report of the Secretary of the Treasury affords much information respecting the revenue and commerce of the country. His views upon ihe currency, and with reference to a proper ad justment of our revenue system, internal as well as impost, are commended, to the careful consid eration of Congress. In my last annual message I expressed my general views upon these sub jects. * * * * * The report presents a much more satisfactory condition of our finances than one year ago the most sanguine could have anticipated. During the fiscal year ending the 30th June, 1865, the last year of the war, the public debt was in creased $941,902,537, and on the 31st of Octo ber, 1865, it amounted to $2,740,854,750. On the 31st day of October, 1866, it had been re duced to $2,551,310,006, the diminution, during a period of fourteen months, commencing Sep tember 1, 1865, and ending October 31, 1866, having been $206,379,565. In the last annual report on the state of the finances, it was esti mated that during the three-quarters of the fiscal year ending the 30th of June last, the debt would be increased $112,194,947. During that period, however, it was reduced $31,196,387, the receipts of the year having been '$89,905,905 more, and the expenditures $200,529,235 less than the estimates. Nothing could more clearly indicate than these statements the oxtent and availability of the national resources, and the rapidity and safety with which, under our form of government, great military and naval estab lishments can be disbanded, and expenses re duced from a war to a peace footing. During the fiscal year ending the 30th of June, 1866, the receipts were $558,032,620, and the expenditures $520,750,940, leaving an available surplus of $37,281,680-. It is estimated that the receipts for the fiscal year ending the 30th June 1867, will be $475,061,386- and that the expen ditures will reach the sum of $316,428,078, leav ing in the Treasury a surplus of $158,633,308. For the fiscal year ending June 30, 1868, it is estimated that the receipts will amount to $436,000,000, and that the expenditures will be $350,247,641— showing an excess of $85,752,359 in favor of the Government. These estimated receipts may be diminished by a reduction -of excise and import duties ; but after all necessary reductions shall have been made, the revenue of the present and of following years will doubt less be sufficient to cover all legitimate charges upon the Treasury, and leave a large annual sur plus to be applied to the payment of tho princi pal of the debt. There seems now to bo no good reason why taxes may not be reduced as the country advances in population and wealth, and yet the debt.be extinguished' within the next quarter of a century * * * In the month of April last, as Congress is aware, a friendly arrangement was made be tween the Emperor of France and the President of the United States for the withdrawal fran* Mexico of the French expeditionary milkaw forces. This withdrawal was to be effected fn three detachments, the first of which, it was un derstood, would leave Mexico in November, nov past, the second in March next, and the third and last in November, 1867. Immediately upon the completion of the evacuation, the French Government was to assume the same attitude of non-intervention, in regard to Mexico, as is held by the Government of the United States. Re peated assurances have been given by the Em peror, since that agreement, that he would com plete the promised evacuation within the period mentioned, or sooner. It was reasonably expected that the proceed ings thus contemplated would produce a crisis of great political interest in the Republie of Mexico. The newly appointed Minister of the United States, Mr. Campbell, was therefore sent forward, on the 9th day of November last, to assume hie proper functions as Minister Plenipo tentiary of the United States to that Republic It was also thought expedient that he should he attended in the vicinity of Mexico by the Lieu tenant General of the Army of the United States, with the view of obtaining such information as might be important to determine the course to be pursued by the United States in re-establish ing and maintaining necessary and proper-inter course with the Republic of Mexico. Deeply interested in the cause of liberty and humanity, it seemed an obvious duty on our part to exer cise whatever influence we possessed for the res toration and permanent establishment in that country of a domestic and republican form of government. Such was the condition of affairs in regard to Mexico, when, on the 22d of November last, offi cial information was received from Paris that the Emperor of France had some time before decided not to withdraw a detachment of his forces in the month of November past, according to engage ment, but that this decision was made with the purpose of withdrawing the whole of those forces in the ensuing spring. Of this determination, however, the United States had not received any PRESIDENT JOHNSON S MESSAGES. 141 .notice or intimation ; and, so soon as the infor mation was received by the Government, care was taken to make known its dissent to tlie Emperor of France. I cannot forego the hope that France will re consider the subject, and adopt some resolution in regard to the evacuation of Mexico which will conform as nearly as practicable with the exist ing engagement, and thus meet the just expecta tions of the United States. The papers relating to the subject will be laid before you. It is be lieved that, with the evacuation of Mexico by the expeditionary forces, no subject for serious differences between France and the United States would remain. The expressions of the Emperor and people of France warrant a hope that the traditionary friendship between the two countries might, in that case, be renewed and permanently restored. A claim of a citizen of the United States for indemnity for spoliations committed on the high seas by the French authorities, in the exercise of a belligerent power againBt Mexico, has been met by the Government of France with a propo sition to defer settlement until a mutual conven tion for the adj ustment of all claims of citizens and subjects of both countries, arising out of the recent wars on this Continent, shall be agreed upon by the two countries. The suggestion is not deemed unreasonable, but it belongs to Con gress to direct the manner in which claims for indemnity by foreigners, as well as by citizens of the United States, arising out of the late civil war, shall be adjudicated and determined. I :have no doubt that the subject of all such claims will engage your attention at a convenient and proper time. * f * * • * In the performance of a duty imposed upon me by the Constitution, I have thus submitted to the representatives of the States and of the people such information of our domestic and foreign affairs as the publip interests seem to re quire. Our Government is now undergoing its most trying ordeal, and my earnest prayer is that the peril may be successfully and finally passed, without impairing its original strength and sym metry. The interests of the nation are best to be promoted by the revival of fraternal relations, the complete obliteration of our past differences, and the reinauguration of all the pursuits of p^ace. Directing our efforts to the early accom plishment of these great end3, let us endeavor to preserve harmony between the co-ordinate De partments of the Government, that each in its proper sphere may cordially co-operate with the other in securing the maintenance of the Con- ititution, the preservation of the Union, and the perpetuity of our free institutions. Andrew Johnson. Washington, December 3, 1866. Veto of the Second Freedmen's Bureau Bill, July 16, 1866.* To the Souse of Representatives .- A careful examination of the bill passed by the two Houses of Congress, entitled "An act to con tinue in force and to amend 'An act to establish a Bureau-forthe relief of Freedmen and Refugees,' *Eor veto of (roadmen's bill of February 29, 1866, see pages 68-71 of Political Manual for 1868. and for other purposes," has convinced me that tho legislation which it proposes would not be consistent with the welfare of the country, and that it falls clearly within the reasons assigned in my message of the 19th of February laBt, re turning, without my signature, a similar measure which originated in the Senate. It is not my purpose to repeat the objections which I then urged. They are yet fresh in your recollection, and can be readily examined as a part of the records of one branch of the national Legislature. Adhering to the principles set forth in that mes sage, I now reaffirm them and the line of policy therein indicated. The only ground upon which this kind of legis lation can be justified is that of the war-making power. The act of which this bill is intended as amendatory was passed during the existence of the war. By its own provisions, it is to termi nate within one year from the cessation of hos tilities and the declaration of peace. It is there fore yet in existence, ana it is likely that it will continue in force as long as the freedmen may require the benefit of its provisions. It will certainly remain in operation, as a law, until some months subsequent to the meeting of the next session of Congress, when, if experience shall make evident the necessity of additional legislation, the two Houses will have ample time to mature and pass the requisite measures. In the mean time the questions arise, why should this war measure be continued beyond the period designated in the original act ; and why, in time of peace, should military tribunals be created to continue until each " State shall be fully restored in its constitutional relations to the Government, and shall be duly represented in the Congress of the United States ?" It was manifest, with respect to the act ap proved March 3, 1865, that prudence and wis dom alike required that jurisdiction over all cases concerning the free enjoyment of the im munities and rights of citizenship, as well as the protection of person and property, Bhonld be conferred upon some tribunal in every State or district where the ordinary course of judicial proceedings was interrupted by the rebellion, and until the same should be fully restored. At that time, therefore, an urgent necessity existed for the passage of some such law. Now, how ever, war has substantially ceased ; the ordinary course of judicial proceedings is no longer inter rupted ; the courts, both State and Federal, are in full, complete, and successful operation, and through them every person, regardless of race and color, is entitled to and can be heard. The protection granted to the white citizen is already conferred by law upon the freedman ; strong and stringent guards, by way of penalties and pun ishments, are thrown around his person and property, and it is believed that ample protection will be afforded him by due process of law, with out resort to the dangerous expedient of " mili tary tribunals," now that the war has been brought to a close. The necessity no longer ex isting for such tribunals, which had their origin in the war, grave objections to their continuance must present themselves to the mir.ds of all re flecting and dispassionate men. Independently of the danger, in representative republics, of conferring upon the military, in time of peaas. 148 POLITICAL MANUAL. extraordinary powers — bo carefully guarded against by the patriots and statesmen of the ear lier days of the Republic, so frequently the ruin of Governments founded upon the same free prin ciples, and subversive of the rights and liberties of the citizen — the question of practical economy earnestly commends itself to the consideration of the law-making power. With an immense debt already burdening the incomes of the industrial and laboring classes, a due regard for their in terests, so inseparably connected with the welfare of the 'country, should prompt us to rigid econ omy and retrenchment, and influence us to ab stain from all legislation that would unnecessa rily increase the public indebtedness. Tested by this rule of sound political wisdom, I can see no reason for the establishment of the " military jurisdiction" conferred upon the officials of the bureau by the fourteenth section of the bill. By the laws of the United States and of the different States, competent courts, Federal and State, have been established, and are now in full practical operation. By means of these civil tribunals ample redress is afforded for all private wrongs, whether to the person or the property of the citizen, without denial or unnecessary delay. They_>re open to all, without regard to color or race. I feel well assured that it will be better to trust the rights, privileges, and immunities of the citizen to tribunals thus established, and pre sided over by competent and impartial judges, bound by fixed rules of law and evidence, and where the right of trial by jury is guarantied and secured, than to the caprice or judgment of an officer of the bureau, who, it is possible, may be entirely ignorant of the principles that un derlie the just administration of the law. There is danger, too, that conflict of jurisdiction will frequently arise between the civil courts and these military tribunals, each having concurrent jurisdiction over the person and the cause of action, the one judicature administered and con trolled by civil law, the other by the military. How is the conflict to be settled, and who is to determine between the two tribunals when it a.rises? In my opinion, it is wise to guard against such conflict by leaving to the courts and juries the protection of all civil rights and the redress of all civil grievances. The fact cannot be denied that, since the actual cessation of hostilities, many acts of violence — such, perhaps, as had never been witnessed in their previous history — have occurred in the States involved in the recent rebellion. I be lieve, however, that plblic sentiment will sustain me in the assertion that such deeds of wrong are not confined to any particular State or section, but are manifested over the entire country- demonstrating that the cause that produced them does not depend upon any particular locality, but is the result of the agitation and derange ment incident to a long and bloody civil war. While the prevalence of such disorders must be greatly deplored, their occasional and temporary occurrence would seem to furnish no necessity for the extension of the bureau beyond the period fixed in the original act. Besides the objections which I have thus briefly stated, I may urge upon your considera tion the additional reason, that recent develop ments in regard to the practical operations of the bureau in many of the States show that in numerous instances it is used by its agents as a means of promoting' their individual advantage, and that the freedmen are employed for the ad vancement of the personal ends of the officers instead of their own improvement and welfare, thus confirming the fears originally entertained by many, that the continuation of such a bureau for any unnecessary length of time would inevit ably result in fraud, corruption, and oppression. It is proper to state that in cases of this character investigations have been promptly ordered, and the offender punished whenever his guilt has been satisfactorily established. As another reason against the necessity of the legislation contemplated by this measure, refer ence may be had to the " civil rights bill," now a law of the land, and which will be faithfully executed so long as it shall remain unrepealed and may not be declared unconstitutional by courts of competent jurisdiction. By that act it is enacted "that all persons born in the United States, and not subject to any foreign Power, ex cluding Indians not taxed, are hereby declared to be citizens, of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involun tary servitude, except as a punishment for crime whereof the party shall have been duly convicted', shall have the same right, in every State and Territory in the United States, to make and en force contracts, to sue, be parties, and give evi dence, to inherit, purchase, lease, sell, hold- and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishmgnt, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding." By the provisions of the act full protection is afforded, through the district courts of the United States, to all persons injured, and whose privi leges, as thus declared, are in any way impaired; and heavy penalties are denounced against the person who wilfully violates the law. I used not state that that law did not receive my ap proval ; yet its remedies are far more preferable than those proposed in the present bill, the one being civil and the other military. By the sixth section of the bill herewith re turned, certain proceedings by which the lands in the " parishes of St. Helena and St. Luke, South Carolina," were sold and bid in, and after wards disposed of by the tax commissioners, are ratified and confirmed. By the seventh, eighth, ninth, tenth, and eleventh section* provisions by law are made for the disposal of the lands' thus acquired to a particular class of citizens. While the quieting of titles is deemed very important and desirable, the discrimination made in the bill seems objectionable, as does also the attempt to confer upon the commissioners judicial powers, by which citizens of the United States are to be deprived of their property in a mode contrary to that provision of the Constitution which de clares that no person "shall be deprived of life, liberty, or property without due process of law." As a general principle, such legislation is unsafe, PRESIDENT JOHNSON'S MESSAGES. 149 unwise, partial, and unconstitutional. It may deprive persons of their property who are equally deserving objects of the nation's bounty as those whom, by this legislation, Congress seeks to benefit. The title to the land thus to be por tioned jut to a favored class of citizens must depend upon the regularity of the tax sales, under the law as it existed at the time of the sale, aud no subsequent legislation can give va lidity u the rights thus acquired, as against the original claimants. The attention of Congress is therefore invited to a more mature considera tion of the measures proposed in these sections of the bill. In conclusion, I again urge upon Congress the danger of class legislation, so well calculated to keep the public mind in a state of uncertain expectation, disquiet, and restlessness, and to en courage interested hopes and fears that the na tional Government will continue to furnish to classes of citizens in the several States means.for support and maintenance, regardless of whether they pursue a life of indolence or of labor, and regardless also of the constitutional limitations of the national authority in times of peace and tranquillity. The bill is herewith returned to the House of " Representatives, in which it originated, for its final action. Andrew Johnson. Washington, D. C, July lb, 1866. Copy of tho Vetoed Bill. An Act to continue in force and to amend " An; act to establish a Bureau for the relief of; Frc-edmen and Refugees," and for other pur poses. Be it enacted, &c. That the act to establish a Bureau for the relief of Freedmen and Refugees, approved March third, eighteen hundred and sixty-five, shall continue in force for the term of two years from and after the passage of this act. Sec. 2. That the supervision and care of said bureau shall extend to all loyal refugees and freedmen, so far as the same shall be necessary to enable them as speedily as practicable to be come self-supporting citizens of the United States, and to aid them in making the freedom conferred by proclamation of the Commander-in-Chief, by emancipation under the laws of States, and by sonstitutional amendment, available to them and beneficial to the Republic. Sec 3. That the President shall, by and with the advice and consent of the Senate, appoint two assistant commissioners, in addition to those authorized by the act to which this is an amend ment, who shall give like bonds and receive the same annual salaries provided in said act ; and each of the assistant commissioners of the bureau shall have charge of one district containing such refugees -or freedmen, to be assigned him by the Commissioner, with the approval of the Presi dent. And the Commissioner shall, under the direction of the President, and so far as the same shall be, in his judgment, necessary for the effi cient and economical administration of the affairs of the bureau, appoint such agents, clerks, and assistants as may be required for the proper con duct of the bureau. Military officers or enlisted men may be detailed for service and assigned to duty under this act ; and the President may, if in his judgment safe and judicious so to do, de tail from the Army all the officers and agents of this bureau ; but no officer so assigned shall have increase of pay or allowances. Each agent or clerk, not heretofore authorized by law, not be ing a military officer, shall have an annual salary of not less than $.r>00, nor more than $1,200, ac cording to the service required of him. And it shall be the duty of the Commissioner, when it can be done consistently with public interest, \ti appoint, as assistant commissioners, agents, and clerks, such men as have proved their loyalty by faithful service in the armies of the Union during the rebellion. And all persons appointed to ser vice under this act and the act to which this is an amendment, shall be so -far deemed in the military service of the United States as to be un der the military jurisdiction and entitled to the military protection of the Government while in discharge of the duties of their office. Sec. 4. That officers of the Veteran Reserve Corps or of the volunteer service, now on duty in the Freedmen's Bureau as assistant commis sioners, agents, medical officers, or in other ca pacities, whose regiments or corps have been or may hereafter be mustered out of service, may be retained upon such duty as officers of said bu reau, with the same compensation as is now pro vided by law for their respective grades ; and the Secretary of War shall nave power to fill vacancies until other officers can be detailed in their places without detriment to the public service. Sec. 5. That the second section of the act to which this is an amendment shall be deemed to authorize the Secretary of War to issue such , medical stores or other supplies and transporta tion, and afford such medical or other aid as may be needful for the purposes named in said section: -Provided, That no person shall be deemed "destitute," '"suffering," or "dependent upon the Government for support," within the mean ing of this act, who is able to find employment. and could, by proper industry or exertion, avoid such destitution, suffering, or dependence. Sec. 6 Whereas, by the provisions of an act approved February sixth, eighteen hundred and sixty-three, entitled " An act to amend an act entitled 'An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,' approved June seventh, eighteen hundred and sixty-two," cer tain lands in the parishes of St. Helena and St. Luke, South Carolina, were bid in by the United States at public tax sales, and by the limitation of said act the time of redemption of said lands has expired ; and whereas, in accordance with instructions issued by President Lincoln on the sixteenth day of September, eighteen hundred and sixty-three, to the United States direct tax commissioners for South Carolina, certain lauds bid in by the United States in the parish of St. Helena, in said State, were in part Bold by the said tax commissioners to " heads of families of the African race," in parcels of not more than twenty acres to each purchaser ; and whereas, under the said instructions, the said tax commis sioners did also set apart as "school farms" cer tain parcels of land in said parish, numbered on their plats from one to thirty-three, inclusive, 150 POLITICAL MANUAL. making an aggregate of six thousand acres, more or less: Therefore, be it further enacted, That the sales made to " heads of families of the Afri can race," under the instructions of President Lincoln to the United States direct tax commis sioners for South Carolina, of date of September sixteenth, eighteen hundred and sixty-three, are hereby confirmed and established ; and all leases which have been made to such " heads of families" by said direct tax commissioners, shall be changed into certificates of sale in all cases wherein the lease provides for such substitution ; and all the lands now remaining unsold, which come within the same designation, being eight thousand acres, more or less, shall be disposed of accord ing to said instructions. Sec. 7. That all other lands bid in by the Uni ted States at tax sales, being thirty-eight thou sand acres, more or less, and now in the hands of the said tax commissioners as the property of the United States, in the parishes of St. Helena and St. Luke, excepting the "Bchool farms," as specified in the preceding section, and bo much as may be necessary for military and naval purposes at Hilton Head, Bay Point, and Land's End, and excepting also the city of Port Royal, on St. Helena island, and the town of Beaufort, shall be disposed of in parcels of twenty acres, at one dollar and fifty cents per acre, to Buch persons, and to such only, as have acquired and are now occupying lands under and agreea bly to the provisions of General Sherman's spe cial field order, dated at Savannah, Georgia, January sixteen, eighteen hundred and sixty- five, and the remaining lands, if any, shall be disposed of in like manner to such persons -as had acquired lands agreeably to the said order of General Sherman, but who have been dispossessed by the restoration of the same to for mer owners : Provided, That the lands sold in compliance with the provisions of this and the preceding section shall not be ^lienated by their purchasers within six years from and after the passage of this act. Sec. 8. That the "school farms " in the par ish of St. Helena, South Carolina, shall be sold, subject to any leases of the same, by the Baid tax commissioners, at public auction, on or before the first day of January, eighteen hundred and sixty-seven, at not less than ten dollars per acre; and the lots in the city of Port Royal, as laid down by the said tax com missioners, and the lots and houses in the town of Beaufort, which are still helil in like manner, shall be sold at public auction ; and the proceeds' of said sales, after paying expenses of the sur veys and sales, shall be invested in United States bonds, the interest of which shall be appropri ated, under the direction of the Commissioner, to the support of schools, without distinction of color or race, on the islands, in the parishes of St. Helena and St. Luke. Sec. 9. That the assistant commissioners for South Carolina and Georgia are hereby author ized to examine all claims to lands in their re spective States which are claimed under the pro visions of General Sherman's special field order, and to give each person having a valid claim a warrant upon the direct tax commissioners for South Carolina for twenty acres of land ; and the said direct tax commissioners shall issue to eveiy. person, or to his or her heirs, but in no case to any assigns, presenting such warrant, a lease of twenty acres of land, as provided for in section seven, for the term of six years ; but at any time. thereafter, upon the payment of a sum not ex ceeding one dollar and fifty cents per acre, tho person holding such lease shall be entitled to a certificate of sale of said tract of twenty acres from the direct tax commissioner or such office?? as may be authorized to issue the same ; but no warrant shall be held valid longer than two years after the issue of the same. Sec. 10. That the direct tax commissioners for- South Carolina are hereby authorized and re quired, at the earliest day practicable, to survey the lands designated in section seven into lotB of- twenty acres each, with proper metes and bounds distinctly marked, so that the several tracts shall be convenient in form, and as near as practics-- ble have an average of fertility and woodland ,; and the expense of such surveys shall be paid from the proceeds of sales of said lands, or, if sooner required, out of any moneys received for. other lands on these islands, Bold by the United States for taxes, and now in the hands of the direct tax commissioners. Sec. 11. That restoration of lands occupied by freedmen under General Sherman's field order' dated at Savannah, Georgia, January sixteenth,- eighteen hundred and sixty-five, shall not be made until after the crops of the present year. shall have been gathered by the occupants of said lands, nor until a fair compensation shall have been made to them by the former owners of such lands, or their legal representatives, for- all improvements or betterments erected or con structed thereon, and after due notice of the same being done shall have been given by the assist ant commissioner. Sec. 12. That the Commissioner shall have" power to seize, hold, use, lease, or sell all build ings, and tenements, and any lands appertaining- to the same, or other wise, formerly held under color of title by the late so-called Confederate- States, and not heretofore disposed of by the United States, and any buildings or lands held in trust for the same by any person or persons,- and to use the same or appropriate the proceeds derived therefrom to the education of the freed people ; and whenever the bureau shall cease to exist, such of said so-called Confederate States. as shall have made provision for tho education of their citizens without distinction of color shall receive the sum remaining unexpended of suchv sales or rentals, which shall be distributed among- said States for educational purposes in proportion to their population. Seo. 13. That the Commissioner of this bureau shall at all times co-operate with private benevo.- lent associations of citizens in aid of freedmen, and with agents and teachers, duly accredited and appointed by them, and shall hire or pro vide by lease, buildings for purposes of educa? tion whenever such associations shall, without cost to the Government, provide suitable teach ' ers and means of instruction ; aud he shall fur nish such protection as may be required for the safe conduct of such schools. Sec. 14. That in every State or district where PRESIDENT JOHNSON S MESSAGES. 151 the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully restored, and in every State or district whose constitutional relations to the Government have been practically discontinued by the rebellion, and until such State ohall have been restored in such relations, and shall be duly represented in the Congress of the United States, the. right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and oonvey real and personal property, and to have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the ac quisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms, shall be secured to and en joyed by all the citizens of such State or district without respect to race or color, or previous con dition of slavery. And whenever in either of said States or districts the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully re stored, and until sucn State shall have been re stored in its constitutional relations to the Gov ernment, and shall be duly represented in the Congress of the United States, the President shall, through the Commissioner and the officers of the bureau, and under such rules and regula tions as the President, through the Secretary of War, shall prescribe, extend military protection and have military jurisdiction over all cases and questions concerning the free enjoyment of such immunities and rights ; and no penalty or pun ishment for any violation of law shall be im posed or permitted because of race or color, or previous condition of slavery, other or greater than the penalty or punishment to which white persons may be liable by law for the like offense. But the jurisdiction conferred by this section Upon the officers of the bureau shall not exist in any State where the ordinary course of judicial proceedings has not been interrupted by the re bellion, and shall cease in every State when the counts of the State and the United States are not disturbed in the peaceable course of justice, and after such State shall be fully restored in its con stitutional relations to the Government, and shall be duly represented in the Congress of the United States. Sec 15. That all officers, agents, and em ployees of this bureau, before entering upon the duties of their office, shall take the oath pre scribed in the first section of the act to which this is an amendment ; and all acts or parts of acts inconsistent with the provisions of *this act are hereby repealed. The votes on this bill were : May 29— The House passed its bill, differing in some details from the above — yeas 96, nays 32, as follow : Yeas — Messrs. Allison, Ames, Anderson, Delos R. Ashley, James. M. As:, ley, Baker, Baldwin, I&nks, Baxter, Beaman, Bidwell, Blaine, Bromwell, Bnckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Dawes, Defrees, Deming, Dixon, Dodire, Donnelly, Dumont, Eckley, Eggleston, Eliot, Farqnliar, F'-rrv, Garfield, Abner C. Harding, Hart, Hender son, Higby, Holmes, Ilonper. Asahel W. Hubbard, Chester D. Hubbard, Demns Hubbard, jr., John H. Hubbard, James R. Hubbell, Ingeisoll. Jenckes, Julian, Kelley, Latham, <>orp,-f.- V. (,;i\vrence, William Lawrence, Loan, Longyear, Lynch. M-.irston, McClurg, McKee, McRuer, Mercur, Moor- aead, Morrill, Morris, Myers, O'Neill, Orth, Paine, Patter son, Perham, Pike, Plants, Price, Alexandor H. Rice, John II. liice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Starr, Slovens, Stillwell, Th.iyer, Francis Tuonan, Trowbridge, Upson, Van Aernam, Burt Van Horn, W -o-d, Henry D. Washburn, William B. Washburn, Welker, V ha- ley, Williams, James F. Wilson, Stephen P.Wilson, Wood- bridge — 96. Nays— Messrs. Ancona, Bergen, Clianler, Darling, Davis Dawson, Eldridge, Glossbrenner, Goodyear, Grider, Hale' Aaron Harding, Ho-jan, Edwin N. Hubbell,James M Hum phrey, Kuydendall, Le Blond, Marshall, Marvin, McCul lough, Niblaclc, Nicholson, Radford, S. J. Randall, Raymond, Ritter, Rots, Sitgreaves, Strouse, Taylor, Trimble, Wright — 32. June 26— Senate amended and passed it, there being no division on the final vote. A motion to postpone it till the next December was lost — yeas 6, (Messrs. Buckalew, Davis, Doolittle, Guth rie, Sendricks, Riddle,) nays 27. July 2 — In Senate, the report of the Commit tee of Conference, being the above law, was agreed to, without a, division. July 3— In House, a motion to table the re port was lost — yeas 25, nays 102. The yeas were : Yeas— Messrs. Ancona, Boyer, Coffroth, Dawson, Eldridge, Finck, Glossbrenner, Aaron Harding, Johnson, Kerr, Le Blond, MarsMll, Niblack, Noell, Ritter, Rogers, Ross, Rous- soau, Shanklin, Sitgreaves, Strouse, Taber, Taylor, T/iornton, Trimble. It was then agreed to. July 16 — The bill was vetoed. Same day — -The House re-passed the bill — yeas 103, nays 33, as follow : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley. James M. Ashley, Baker, Banks, Barker, Baxter, Benjamin, Bidwell, Bingham, Boutwell, Bromwell, Buck- land, Buudy, Reader W. Clarke, Sidney Clarke, Cobb, ( onk- ling Cook. Dawes, Defrees, Delano, Deming, Donnelly.Driggs, Eckley, Eggleston, Eliot, Ferry, Garfield, Grinnell, Griswold, Hale, Hart, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, John H. Hub bard, JameB R. Hubbell, Hulburd, Julian, Kasson, Kelley, Ketcham, Laflin, Latham, Georgo V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston. Marvin, Mc Clurg, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newel], O'Neill, Orth, Perham, Pike, Plants, Price, William II. Randall, Alexander H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, Thayer, John L. Thomas, jr., Trowbridge, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn. Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge— 463, CoLPf^t — IC>14- Nats — Messrs. Ancona, Boyer, Dawson, Eldridgp. .Finck, Glossbrenner, Grider, Aaron Harding, Hogan, J. .'./. Hum phrey, Johnson, Kerr, Kuykendall, LeBlond, Marshall, Nib lack, Nicholson, Noell, Phelps, Samuel J. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves. Taber, Taylor, Thornton, Trimble, Henry D. Washburn, Wright— 33. Same day — The Senate re-passed it — yeas 33, nays 12, as follow : Yeas — Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Edmunds, Fessenden, Foster, Grimes, Har ris, HenderBon, Howard, Howe, Kirkwood, Lane of Indiana, Morgan, Morrill, Nye, Poland, Pomeroy, RamBey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Wil liams, Wilson, Yates — 33. Nats — Messrs. Buckalew, Davis, Doolittle, Guthrie, Hen dricks, Johnson, McDougaU, Nesmith, Norton, Riddle, Sauls- bury, Van Winkle — 12. Whereupon the President of the Senate de clared the bill a law. Restoring Tonnessee to hor Relations to tho Union. 1866, March 5 — Mr. Bingham reported from the Select Joint Committee on Reconstruction a joint resolution concerning the State of Ten nessee, (for which see Political Manual for 1866. p. 105, 106.) No vote was taken upon it. 1866, July 20 — The House passed the resolu tion in these words : is-: POLITICAL MANFUL. Joint Keso.ution declaring Tennessee again en titled to Senators and Representatives in Con gress. "Whereas the State of Tennessee has in good faith ratified the article of amendment to the Constitution of the United States, proposed by the Thirty-Ninth Congress to the Legislatures of the several States, and has also shown to the satisfaction of Congress, by a proper spirit of obedience in the body of her people, her return to her due allegiance to the Government, laws, and authority of the United States : Therefore, Beit resolved by the Senate and Souse of Rep resentatives of the United States of America in Conyr<.ss assembled, That the State of Tennessee is hereby restored to her former proper, practi cal relations to- the Union, and is again entitled to be represented by Senators and Representa tives in Congress, duly elected and qualified, upon their taking the oaths of office required by existing laws. The preamble was agreed to — yeas 86, nays 48; and the resolution passed — yeas 126, nays 12, as follow : Yeas — Messrs. Allison, Ames, Ancona, George W. Ander son, I clos R. Ashley, James M. Ashley, Baker, BankB, Bax ter, Bidwell, Bingham, Boyer, Bromwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Colfax. Conkling, Uavis, D:iwes, Dxwson, Defrees, Delano, Deming, Donnelly, Driggs, Eckley, Ejglestnn, Eldridge, Farnsworth, Farquhar, Ferry, Finck, Garfield, Glossbrenner, Aaron Harding, Abner C. Harding, Hart, Hogan, Holmes, Hooper, Hotchkiss,, Asa hel W. Hubbard, Chester D Hubbard, John H. Hubbard, James K. Hubbell, Hulburd, James M. Humphrey, Inger soll, Johnson, Kasson, Kerr, Ketcham. Koontz, Kuykendall, Laflin, Latham, Georgo V. Lawrence, William Lawrence, Lynch, Marston, McCullr/ugh, McRuer, Mercur, Miller, Moor head, Morrill, Morris, Moulton, Myers, Newell, Niblack, Nicholson, Noell, O'Neill, Orth, Patterson, Perham, Phelps, bike, Plants, Price, Radford, SamuelJ. Randall, William H. Randall, Raymond, Alexander II. Rice, Jobo II. Rice, Bit ter, Rogers, Rollim, Ross, Rousseau. Sawyer, Schenck, Sco field, Shellabarger, Sitgreaves, Spalding, Stevens, Strouse, Taber, Taylor, Thayer, Francis Thomas, JohnL. Thomas, j -., Tlwmlon, Trimble, Trowbridge, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Henry D. Wash burn, William B. Washburn, Wolker, Wentworth, Whaley, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, Wrights- 116. Nays — Messrs. Alley, Benjamin, Boutwell, Eliot, Higby, Jenckes, Julian, Kelley, Loan, McClurg, Paine, Williams — July 23, 1866 — The Senate amended and passed it in these words : .Joint Resolution restoring Tennessee to her re lations to the Union. Whereas, in the year eighteen hundred and sixty-one, the government of the State of Ten nessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of said State, in pursuance of an act of Congress, were declared to be in a state of insurrection against the United States ; and whereas said State government can only he re stored to its former political relations in the Union by the consent of the law-making power of the United States ; and whereas the people of said Stata did, on the twenty-second day of Feb ruary, -eighteen hundred and sixty -five, by a large popular vote, adopt and ratify a constitu tion of government whereby slavery was abol ished ane1 all ordinances and laws of secession, and debts contracted under the same, were de clared void ; and whereas a State government has been organized under, said constitution which has ratified the amendment to tve Constitution of the United Sta-tes aboU.'hirif' slavery, also the - amendment proposed bv the Thirty- Ninth Con- ' gress, and has done othor acts proclaiming and? I denoting loyally ; Therefore, Be it resolved by the Senate and Souse of Rep-- -. ¦ resentatives of the United States of America in '¦ ' Congress assembled. That the State of Tennessee is hereby restored to her former proper, practi- ¦¦- cal relations to the Union, and is again entitled to be represented by Senatois and Representa tives in Congress. The vote was — yeas 28, nays 4, as follow : : Yeas — Messrs. Anthony, Chandler, Clark, Conness, Cowan, ' Creswell, Doolittle, Edmunds, FoBter, Hendricks, Howard, ; ; Howe, Lane, Mor/rin, Morrill, Nesmith, Nye, Poland, Pome- ' roy, Sprague, Stewart, Trumbull, Van Winkle, Wade, WU- ; ley, Williams, Wilson, Yates — 28. Nats — MesBrs Rrown, Buckalew, McDougaU, Sumner^4. . . July 23— The House agreed to the Senate amendments, yeas 93, nays 26, as follow : Yeas — Messrs Allison, Ames, Anderson, Delos R. Ashley, Baker, Banks, Barker, Baxter, Benjamin, Bidwell, Bins- ham, Boutwell, Bromwell, Broomall, Buckland, Reader W, ¦ Clarke, Cobb, Conkling, Defrees, Dixon, Donnelly, Driggs; Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Gar field, Abner C. Harding, Hart, Hayes, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hob- bard, John II . Hubbard, .Tames R. Hubbell, Hulburd, Inger soll, Julian, Kelley, Ketcham, Kooutz, Kuykendall, Laflin, ' George V Lawrence, William Lawrence, Loan, Lynch, Mars- ¦ ' ton, McClurg, McRuer, Mercur, Miller, Moorhead, Morrill, -, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Per ham, Plants, Price, William H. Randall, Alexander H. Rice, " John H. Rice, Rollins, Sawyer, Schenck, Scofield, Sheila--'? barger, Spulding, Stevens, John L. Thomas, jr., Trowbridge,", Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, , Welker, Wentworth, Whaley, Williams, James F. Wilsoii, * Stephen F. Wilson, Windom, Woodbridge — 93. Nays — Messrs. Ancona, Bergen, Boyer, Dawson, -Eldridge., Finckr Glossbrenner, Aaron Harding,. Jenckes, Johnson, La* J" tbam, Le~Bl;nd, Marshall, Niblack, Nicholson, Radford, ' Samuel J. Randall, Raymond, Ritter, Ross, Shanklin, Strouse. * Taber, Taylor, Thornton, Trimble— 26. July 24 — The President approve*} the bill, • sending to the House this message: To the Souse of Representatives .- The following "joint resolution, restoring Ten nessee to her relations to the Union," was last evening presented for my approval: " "Whereas, in the year eighteen hundred and sixty-one, the government of the State of •Ten nessee was seized upon and taken possession of by. persons in hostility to the United States, and the inhabitants of said State, in pursuance of an act of Congress, were declared to be in a state of insurrection against the United States ; and whereas said State government can only be re stored to its former political relations in the Union by the consent of the law-making power of the United States ; and whereas the people of said State did, on the twenty -second day of Feb ruary, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a constitution of government whereby slavery was abolished and all ordinances and laws of secession, and debts contracted under the same„were declared void; • and whereas a State government has been or ganized under said constitution, which has rati fied the amendment to the Constitution of the United States abolishing slavery, also the amend ment proposed by the Thirty-Ninth Congress, -1 and has done other acts proclaiming and de noting loyalty ; Therefore, "Be it resolved by the Senate and Souse of Rep resentatives of ihe United States in Congress as sembled, That the State of Tennessee is hereby PRESIDENT JOHNSON'S MESSAGES. 153 restored to her former practical relations to the Union, and is again entitled to be represented by Senators and Representatives in Congress." The preamble simply consists of statements, tome of which are assumed, while the resolution Is merely a declaration of opinion. It comprises no legislation, nor does it confer any power which is binding upon the respective Houses, the Executive, or the States. It does not admit to their seats in Congress the Senators and Repre sentatives from the State of Tennessee ; for, notwithstanding the passage of the resolution, each House, in the exercise of the constitutional right to judge for itself of the elections, returns, and qualifications of its members, may, at its discretion, admit them, or continue to exclude them. If a joint resolution of this character were necessary and binding as a condition pre cedent to the admission of members of Congress, it would happen, in the event of a veto by the Ex ecutive, that Senators and Representatives could only be admitted to the halls of legislation by a two-thirds vote of each of the two Houses. Among other reasons recited in the preamble for the declarations contained in the resolution •is the ratification, by the State government of Tennessee, of "the amendment to the Constitu tion of the United States abolishing slavery, and also the ' amendment proposed by the Thirty - JiTinth Congress." If, as is also declared in the preamble, " said State government can only be •estored to its former political relations in the Union by the consent of the law-making power of the United States," it would really seem to follow that the joint resolution which, at this late day, lias received the sanction of Congress, should have Deen passed, approved, and placed on the statute books before any amendment to the Constitution was submitted to the Legislature of Tennessee for ratification. Otherwise, the inference is plainly dedocible'that while, in the opinion of Jongress, the people Of a State may be too strongly disloyal to be entitled to representa tion, they may, nevertheless, during the suspen sion of their " former proper practical relations to the Union," have an equally- potent voice with, other and loyal States in propositions to amend the Constitution, upon which so essen tially depend the stability, prosperity, and very existence of the nation. A brief reference to my annual message of the 4th of December last will show the steps taken by. the Executive for the restoration to their con stitutional relations to the Union of the States that had been affected by the rebellion. Upon the cessation of active hostilities, pro visional governors were appointed, conventions called, Governors elected by the people, Legisla tures assembled, and Senators and Representa tives chosen to the Congress of the United States. At the same time the courts of the United States were reopened, the blockade removed, the custom houses re-established, and postal operations re sumed. The amendment to the Constitution abol ishing slavery forever within the limits of the country was also submitted to theStates, and they were thus invited to, and did participate in its ratification, thus exercising the highest functions pertaining to a State. I,n addition, nearly all of these States, through their conventions and Legislatures, had adopted and ratified constitu tions " of government, whereby slavery was abolished, and all ordinances and lawB of se cession, and debts contracted under the same, were declared void." So far, then, the political existence of the States and their relations to the Federal Govern ment had been fully and completely recognized and acknowledged by the executive department of the Government ; and the completion of the work of restoration, which had progressed so favorably, was submitted to Congress, upon which devolved all questions pertaining to the admission to their seats of the Senators and Rep resentatives chosen from the States whoso peo ple had engaged in the rebellion. All these steps had been taken, when, on the fourth day of December, eighteen hundred and sixty-five, the Thirty-Ninth Congress assembled. Nearly eight months have elapsed since that time ; and no other plan of restoration having been proposed by Congress for the measures in stituted by the Executive, it is now declared in the joint resolution submitted for my approval, "that the State of Tennessee is hereby restored to her former proper practical relations to the Union, and is again entitled to be represented by Senators and Representatives in Congress." Thus, after the lapse of nearly eight months, Congress proposes to pave the way to the admis sion to representation of one of the eleven States whose people arrayed themselves in rebellion against the constitutional authority of the Fede ral Government. Earnestly desiring to. remove every cause of further delay, whether real or imaginary, on the part of Congress to the admission to seats of loyal Senators and Representatives from the State of Tennessee, I have, notwithstanding the anomalous character of this proceeding, affixed my signature to the resolution. My approval, however, is not to be construed as an acknowl edgment of the right of Congress to pass laws preliminary to the admission of duly qualified representatives from any of the States. Neither is it to be considered as committing me to all the statements made in the preamble, some of which are, in my opinion, without foundation in fact, especially the assertion that the State of Ten nessee has ratified the amendment to the Con stitution of the United States proposed by the Thirty-Ninth Congress. No official notice of such ratification has been received by the Exec utive, or filed in the Department of State ; on the contrary, unofficial information from most reliable sources induces the belief that the amendment has not yet been constitutionally sanctioned by the Legislature of Tennessee. The right of each .House, under the Constitution, to judge of the elections, returns, and qualifications of its own members is undoubted, and my ap proval or disapproval of the resolution could not in the slightest degree increase or diminish the authority in this respect conferred upon the two branches of Congress. In conclusion, I cannot too earnestly repeat my recommendation for the admission of Ten nessee, and all other States, to a fair and equal participation in national legislation, when they present themselves in tho persons of loyal Sena- 154 TOLITICAL MAK HAL. tors and Representatives, who can comply with all the requirements of the Constitution and the laws. By this meanB, harmony and reconcilia tion will be effected, the practical relations of all the States to the Federal Government re established, and the work of restoration, inaugu rated upon the termination of the war, success fully completed. Andrew Johnson. Washington, D. C, July 24, 1866. Veto of the District of Columbia Suffrage Bill, January 1, 1867. To the Senate of the United States: I have received and considered a bill entitled "An act to regulate the elective franchise in the District of Columbia," passed by the Senate on the 13th of December, and by the House of Representatives on the succeeding day. It was presented for my approval on the 26th ultimo, six days after the adjournment of Congress, and is now returned with my objections to the Senate, in which House it originated. Measures having been introduced, at the com mencement of the first session of the present Congress, for the extension of the elective fran chise to persons of color in the District of Co lumbia, steps were taken by the corporate authorities of Washington and Georgetown to ascertain and make known the opinion of the people of the two cities upon a subject so imme diately affecting their welfare as a community. The question was submitted to the people at special elections, held in the month of December, 1^65, when the qualified voters of Washington and Georgetown, with great unanimity of senti ment, expressed themselves opposed to the con templated legislation. In Washington, in a vote of 6,556 — the largest, with but two exceptions, ever polled in that city — only thirty-five ballots were cast for negro suffrage ; while in George town, in an aggregate of 813 votes — a number considerably in excess 'of the average vote at the four preceding annual elections — but one was given in -favor of the proposed extension of the elective franchise. As these elections seem to have been conducted with entire fairness, the result must be accepted as a truthful expression of the opinion of the people of the District upon the question which evoked it, Possessing, as au organized community, the same popular rights as the inhabitants of a State or Territory to make known their will upon matters which affect their social and political condition, they could have selected no more appropriate mode of memorializing Congress upon the subject of this bill than through the suffrages of their qualified voters. Entirely disregarding the wishes of the people of the District of Columbia, Congress has deemed it right and expedient to pass the measure now submitted for my signature. It therefore be comes the duty of the Executive, standing be tween the legislation of the one and the will of the other, fairly expressed, to determine whether he should approve the bill, and thus aid in placing upon the statute-books of the nation a law against which the people to whom it is to apply have solemnly and with such unanimity pro- tested,_ or whether he should return it with his tbjections, in. the hope that, upon reconsideration, Congress, acting as the representatives of 'the inhabitants of the seat of Government, will per mit them to regulate a purely local question aa to them may seem best suited to their interests-1 and condition. The District of Columbia was ceded to the United States by Maryland and Virginia,' in' order that it might become the permanent seat of- Government of the United States. Accepted by Congress, it at once became subject to the " exclu- i sive legislation" for which provision is made in the Federal Constitution- It should be borne -m mind, however, that in exercising its .function* as the law-making power of the District of Co lumbia, the authority of '"he National Legislature is not without limit, but that Congress is bound to observe the letter and spirit of the Constitu tion, as well in the enactment of local laws for the seat of Government as in legislation common' to the entire Union. Were it to be admitted1 that the right "to exercise exclusive legislation in all cases whatsoever" conferred upon Congress unlimited power within the District of Columbia,' bills of attainder and ex post facto laws might be passed, and titles of nobility granted within-' its boundaries. Laws might be made "respect* ing an establishment of religion, or prohibiting the free exercise thereof; or abridging the free dom 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." " The right of the people to be secure in their. persons, bouses, papers, and effects against un reasonable searches and seizures" might with impunity be violated. The right of trial by jury might be denied, excessive bail required, excess- ¦ ive fines imposed, and cruel and unusual pun> ishments inflicted. Despotism would thus reign; at the seat of government of a free republic," and, as a place of permanent residence, it would be avoided by all who prefer the blessings of liberty to the mere emoluments of official posi-' tion. It should also be remembered that in legislat ing for the District of Columbia, under the Fedr ¦ eral Constitution, the relation of Congress to its' inhabitants is analogous to that of a Legislature to the people of a btate, under their own local constitution. It does not, therefore, seem to be asking too much that, in matters pertaining 'to. the District, Congress should have a like respect' for the will and interest of its inhabitants as is entertained by a State Legislature for the wishes and prosperity of those for whom they legis late. The spirit of our Constitution and the genius of our Government require that, in regard to any law which is to affect and have a perma nent bearing upon a people, their will should exert at least a reasonable influence upon those who are acting in the capacity of their legisla tors. Would, for instance, the Legislature of the State of N'ew York, or of Pennsylvania, or of Indiana, or of any State in the Union, in oppo sition to the expressed will of a large majority ef the people whom they were chosen to represent, arbitrarily force upon them, as voters, all per-' sons of the African or negro race, and make them eligible for office without any other quali fication than a certain term of residence within the State? Tn neither of the States named president johfson's messages. ¦•55 would the colored population, when acting to gether, be able to produce any groat social or political result. Yet, in New York, before he can vote, the man of color must fulfill conditions that are not required of the white citizen ; in Pennsylvania the elective franchise is restricted to, white freemen ; while in Indiana negroes and mulattoes are expressly excluded from the right of suffrage. It hardly seems consistent with the principles of right and justice that representa tives of States where suffrage is either denied the colored man, or granted to him on qualifications requiring intelligence or property, should compel the-people of the District of Columbia to try an experiment which their own constituents have thus far shown an unwillingness to test for them selves. Nor does it accord with our republican ideas that 'the principle of self government should lose its force when applied to the resi dents of the District, merely because their legis lators are not, like those of the States, responsi ble, through the ballot, to the people for whom they are the law-making power. . The great object of placing the seat of Gov ernment under the exclusive legislation of #Con- gress was to secure the entire independence of the General,Government from undue State influ ence, and to enable it to discharge, without danger of interruption or infringement of its authority, the high functions for which it was created by the people. For this important purpose it was ceded to the United States by Maryland and Virginia, and it certainly never could have been contemplated,' as one of the objects to be attained by placing it under the exclusive jurisdiction of Congress, that it would afford to propagandists or political parties a place for an experimental test of their principles and theories. While, indeed, the residents of the seat of Government are not citizens of any State, and are not therefore allowed a voice in the Electoral College, or representation in the councils of the nation, they are, nevertheless, American citizens, entitled as such to every guaranty of the Constitution, to every benefit of the laws, and to every right which pertains to citizens of our common country. In all matters, then, affecting their domestic affairs, the spirit of our democratic form of government demands that their wishes should be consulted and respected, and they taught to feel that, although hot permitted practically to participate in national concerns, they are nevertheless under a paternal Government, regardful of their rights, mindful of their wants, and solicitous for their prosperity. It was evidently contemplated that alj local questions would be ieft to their decision, at least to an extent that would not be incom patible with the object for which Congress was granted exclusive legislation over the seat of Gov ernment. When the Constitution was yet under c6nsideration; it was assumed by Mr. Madison that its inhabitants would be allowed " a municipal legislature for local purposes, derived from their own suffrages." When, for the first time, Con gress, ih the year 1800, assembled at Washing ton, President Adams, in his speech at its open ing, reminded the two Houses that it was for them to consider whether the local powers over the District of Columbia, ves+sd by the Consti tution 'in the Congress of the Uni'ed States, should be immediately exercised, and he asked them to " consider it as the capital of a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, and in popu lation, and possessing within itself those re sources which, if not thrown away or lamenta bly misdirected, would secure to it a long course of prosperity and self-government." Three years had not elapsed when Congress was called upon to determine the propriety of retroceding to Maryland and Virginia the jurisdiction of the territory which they had respectively relin quished to the Government of the United States. It was urged on the one hand that exclusive ju risdiction was not necessary or useful to the Government ; that it deprived the inhabitants of the District of their political rights ; that much of the time of Congress was consumed in legis lation pertaining to it ; that its government was expensive ; that Congress was not competent to legislate for tht District, because the members were strangers to its local concerns ; and that it was an example of a government without repre sentation — an experiment dangerous to the liber ties of the States. On the other hand, it was held, among other reasons, and successfully, that the Constitution, the acts of cession of Vi-ginia and Maryland, and the act of Congress accepting the grant, all contemplated the exercise of exclusive legislation by Congress, and that its usefulness, if not its necessity, was inferred from the inconven ience which was felt for want of it by the Con gress of the Confederation ; that the people themselves, who, it was said, had been deprived of their political rights, had not complained, and did not desire a retrocession; that the evil might be remedied by giving them a representation in Con gress when the District should become sufficiently populous, and, in the mean time, a local legisla ture ; that, if the inhabitants had not political rights, they had great political influence; that the trouble and expense of legislating for the District would not be great, but would diminish, and might, in a great measure, be avoided by a local legislature; and that Congress could not retrocede the'inhabitants without their consent. Continuing to live substantially under the laws that existed at the time of the cession, and such changes only having been made as were suggested by themselves, the people of the District have not sought, by a local legislature, that which has generally been willingly conceded by the Con gress of the nation. As a general rule, sound policy requires that the Legislature should yield to the wishes of a people, when not inconsistent with the Consti tution and the laws. The measures suited to one community might not be well adapted to the condition of another ; and the persons best qual ified to determine such questions are those whose interests are to be directly affected by any proposed law. In Massachusetts, for in stance, maleypersons are allowed to vote with out regard to color, provided they possess a cer tain degree of intelligence. In a population in that State of 1,231,066, there were, by the census of 1860, only 9,602 persons of color ; and of thB males over twenty years of age, there were 339,086 white to 2,602 colored. By the. same 156 POLITICAL MANUAL. official enumeration, there were in the District of Columbia 60,764 whites to 14,316 persons of the colored race. Since then, however, the pop ulation of the District has largely increased, and it is estimated that at the present time there are nearly a hundred thousand whites to thirty thousand negroes. The cause of the augmented numbers of the latter class needs no explanation. Contiguous to Maryland and \ irginia, the Dis trict, during the war, became a place of refuge for those who escaped from servitude, and it is yet the abiding place of a considerable propor tion of those who sought within its limits a shelter from bondage. Until then held in slavery, and denied all opportunities for mental culture, their first knowledge of the Government was acquired when, by conferring upon them •freedom, it became the benefactor of their race ; the 'test of their capability for improvement began when, for the first time, the career of free industry and the avenues to intelligence were opened to them. Possessing tuese advantages but a limited time — the greatei number perhaps having entered the District of Columbia during the later years' of the war, or Bince its termina tion, we may well pause to inquire whether, after so brief a probation, they are as a class capable of an intelligent exercise of the right of suffrage, and qualified to discharge the duties of official position. The people who are daily wit nesses of their mode of living, and who have become familiar with their habits of thought, have expressed the conviction that they are not yet competent to serve as electors, and thus be- some eligible for office in the local governments under which they live. Clothed with the elect ive franchise, their numbers, already largely in excess of the demand for labor, would be soon increased by an influx from the adjoining States. Drawn from fields where employment is abun dant, they would in vain seek it here, and so add to the embarrassments already experienced from the large class of idle persons congregated in the District. Hardly yet capable of forming; correct judgments upon the important questions that often make the issues of a political contest, they could readily be made subservient to the; purposes of designing persons. While in Massa chusetts, under the census of 1860, the propor tion of white to colored males over twenty years of age was one hundred and thirty to one, here the clack race constitutes nearly one-third of the entire population, whilst the same class sur rounds the District on all sides, ready to change their residence at a moment's notice, and with all the facility of a nomadic people, in order to enjoy here, after a short residence, a privilege they find nowhere else. It is within their power in one year to come into the District in such numbers as to have the supreme control of the white race, and to. govern them by their own officers, and by the exercise of all the municipal authority, among the rest, of the power of tax ation over property in which they have no in terest. In Massachusetts, where they have en joyed the benefits of a thorough educational sys tem, a qualification of intelligence is required, while here suffrage is extended to all, without discrimination, as well to the most incapable, who can prove a residence in the District of one year, as to those persons of color who, compara tively few in number, are permanent inhabit ants, and having given evidence of merit and qualification, are recognized as useful and re sponsible members of the community. Imposed upon an unwilling people, placed, by the Con stitution, under the exclusive legislation of Con gress, it would be viewed as an arbitrary exer cise of power, and as an indication by the coun try of the purpose of Congress to compel the acceptance of negro suffrage by the States. It would engender a feeling of opposition and hatred between the two races, which, becoming deep-rooted and ineradicable, would prevent them from living together in a state of mutual friendliness. Carefully avoiding every measure that might tend to produce such a result, and following the clear and well-ascertained popular will, we should assiduously endeavor to promote kindly relations between them, and thus, when that popular will leads the way, prepare for the gradual and harmonious introduction of this, new element into the political power of the country. It cannot he urged that the proposed exten sion of suffrage in the District of Columbia' is necessary to enable persons of color to protect either their interests or their rights. They stand here precisely as they stand in Pennsylvania, Ohio, and Indiana. Here, as elsewhere, in all that pertains to civil rights, there is nothing to" distinguish this class of persons from citizens of the United States; for they possess the "full and equal benefit of all laws and proceedings for the security of person and property as is en joyed by white citizens," and are made "subject to like punishment,, pains, and penalties, and to none other, any law, statute, ordinance, regula tion, or custom to the contrary notwithstand ing." Nor, as has been assumed, are their suf frages necessary to aid a loyal sentiment here> for local governments already exist of undoubted fealty to the Government, and are sustained by communities which were among the first to testify their devotion to the Union, and which, during the struggle, furnished their full quotas of men to the military service of the country. The exercise of the elective franchise is the highest attribute of an American citizen, and, when guided by virtue, intelligence, patriotism,. and a proper appr-vution of our institutions;. constitutes the true basis of a democratic form of .government, in which the sovereign power is lodged in the body of the people. Its influence for good necessarily depends upon the elevated character and patriotism of the elector ; for if exercised by persons who do not justly estimate its value, and who are indifferent as to its re sults, it will only Berve as a means of placing power in the hands of the unprincipled and am bitious, and must eventuate in the complete destruction of that liberty of which it should be the most powerful conservator. Great danger is, there fore, to be apprehended from an untimely extension of the elective franchise to any new class in our country, especially when the large majority of that class, in wielding the power thus placed in their hands, cannot be expected ; correctly to comprehend the duties and respons.:--, bilities which pertain to suffrage. Ye6terdav." president Johnson's messages. 157 as it were, four millions of persons were held in a'condition of slavery that had existed for gen erations ; to-day they are freemen, and are as sumed by law to be citizens. It cannot be pre sumed, from their previous condition of servitude, that as a class they are as well inf. rmed as to the nature of onr Government as the intelligent foreigner who makes our land the home of his choice. In the case of the latter, neither a resi dence of five years, and the knowledge of our institutions which it gives, nor attachment to the principles of the Constitution, are the only conditions upon which he can be admitted to citizenship. He must prove, in addition, a good moral character, and thus give reasonable ground for the belief that he will De faithful to the obli gations which he assumes as a citizen of the Republic. Where a people*— the source of all po litical power — -speak, by their suffrages, through the instrumentality of the ballot-box, it must be carefully guarded against the control of those who are corrupt in principle and enemies of free institutions, for it can only become to our politi cal and social system a safe conductor of healthy popular sentiment when kept free from demor alizing influences. Controlled, through fraud (and usurpation, by the designing, anarchy and 'despotism must inevitably follow. In the hands of the patriotic and worthy, our Government will be preserved upon the principles of the Constitution inherited from our fathers. It fol lows, therefore, that in admitting to the ballot- box a new class of voters not qualified for the exercise of the elective franchise, we weaken our system of government instead of adding to its strength and durability. . In returning this bill to the Senate, I deeply rsjgret that there should be any conflict of opinion between the legislative and executive departments of the Government in regard to measures that vitally affect the prosperity and peace' of the country. Sincerely desiring to reconcile the States with one another, and the whole people to the Government of the United States, it has been my earnest wish to co-operate with Congress in all measures having for their object a proper and complete adjustment of the Questions resulting from our late civil war. Harmony between the co-ordinate branches of the Government, always necessary for the public welfare, was never more demanded than at the present time, and it will therefore be my con stant aim to promote, as far as possible, concert of action between them. The differences of opinion that have already occurred have ren dered me only the more cautious, leBt the Execu tive should encroach upon any of the preroga tives of Congress, or, by exceeding in any man ner the constitutional limit of his duties, destroy the equilibrium which should exist between the i Beveral co-ordinate departments, and which is so essential to the harmonious working of the Gov ernment. I know it has been urged that the executive department is more likely to enlarge : the sphere of its action than either of the other i two branches of the Government, and especially : in the exercise of the veto power conferred upon , it by the Constitution. It should be remembered, however, that this power is wholly negative and conservative in its character, and was intended to operate as a check upon unconstitutional, hasty, and improvident legislation, and as a means of protection against invasions of the just powers of the executive and judicial depart ments. It is remarked by Chancellor Kent that " to enact laws is a transcendent power ; and, if the body that possesses it be a full and equal representation of the people, there is danger of its pressing with destructive weight upon all the other parts of the machinery of government. It has, therefore, been thought necessary, by the most skillful and most experienced artists in the science of civil polity, that strong barriers should be erected for the protection and security of the other necessary powers of the Govern ment. Nothing has- been deemed more fit and expedient for the purpose than the provision that the head of the executive department should be so constituted as to secure a requisite share of independence, and that he should have a negative upon the passing of laws ; and that the judiciary power, resting on a still more per manent basis, should have the right of deter mining upon the validity of laws by the stand ard of the Constitution. ' The necessity of some such check in the hands of the Executive is shown by reference to the most eminent writers upon our system of gov ernment, who seem to concur in the opinion that encroachments are most to be apprehended from the department in which all legislative powers are vested by the Constitution. Mr. Madison, in referring to the difficulty of providing some practical security for each against the invasion of the others, remarks that " the. legislative de partment is everywhere extending the sphere of its activity, and drawing all power into its im petuous vortex." " The founders of our republics * * * seem never to have recollected the danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations." " In a representative republic, where the executive magistracy is care fully limited, both in the extent and the duration of its power, and where the legislative power is exercised by an assembly which is inspired by a supposed influence over the people with an intrepid confidence in its own strength ; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes — it is against the enterprising ambition of this de partment that the people ought to indulge all their jealousy and exhaust all their precautions." " The legislative department derives asuperiority in our governments from other circumstances. Its constitutional powers being at once more extensive and less susceptible of precise limits, it can with the greater facility mask, under com plicated and indirect measures, the encroach ments which it makes on the co-ordinate depart ments." "On the other side, the executive power being restrained within a narrower compass, and being more simple in its nature, and the judiciary being described by landmarks still less uncertain,' projects of usurpation by either of these depart ments would immediately betray and defeat themselves. Nor is this all. As the legislative 158 POLITICAL MANUAL. department alone has access to the pockets of the people, and has, in some constitutions, full discretion, and in all a prevailing influence over the pecuniary rewards of those wno fill the other departments, a dependence is thus created in the latter which gives still greater facility to en croachments of the former." " We have seen that the tendency of republican governments is to an aggrandizement of the legislative, at the expense of the other departments." Mr. Jefferson, in referring to the early consti tution of Virginia, objected that by its provisions all the powers of government, legislative, execu tive, and judicial, resulted to the legislative body, holding that "the concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation'that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppres sive as one." "As little will it avail us thatthey are chosen by ourselves. An elective despotism was not tho government we fought for, but one which should not only be founded on free prin ciples, but in which the powers of government should be so divided and balanced among several bodies of magistracy as that no one could tran scend their legal limits without being effectually checked and restrained by the others. For this reason, ^that Convention which passed the ordi nance of government laid its foundation on this basis, that the legislative, executive, and judi ciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. The judiciary and executive members were left dependent on the legislative for their subsistence in office, and some of them for their continuance in it. If, therefore, the legislature assumes executive and judiciary powers, no op- Eosition is likely to be made, nor, if made, can e effectual ; because in that case they may put their proceedings into the form of an act of assembly, which will render them obligatory on the other branches. They have accordingly, in many instances, decided rights which should have been left to judiciary controversy ; and the direction of the executive, during the whole time of their session, is becoming habitual and familiar." Mr; Justice Story, in his Commentaries on the Constitution, reviews the same subject, and says: " The truth' is, that the legislative power is the great and overruling power in every free government." " The repre sentatives of the people will watch with jealousy every encroachmeut of the executive magistrate, for it trenches npou their own authority. But who shall watch the en croachment of these representatives themselves! Will they be as jealouB of tho exercise of power by themselves as by others?" "Theroaro many reasons which may be assigned for the engrossing influence of the legislative de partment. In tho first place, its constitutional powers are more extensive, and less capable of being brought within precise limits than those of either of the othor departments. Tho bounds of the executive authority are easily marked out and defined. It reaches few objects, and those are \nown. It cannot transcend them without being brought rh contact with the other departments. Laws may check and restrain and bound its exercise. Tho same remarks apply with still groater force to the judiciary. The juris diction is, or may be, bounded to a few objects or peroons ; or, however general and unlimited, its operations are neces- Barily confined to the more administration of private and public justice. It oannot punish without law. It cannot create controversies to act upon. It can decide only unon rights and cases as they are brought by others before it It can do nothing for itself. It must do everything for others. It must Obey the laws ; and if it corruptly admin isters them, it is subjected to -the power of impeachment. On the other hand, the legislative power, except in the few cases of constitutional prohibition, is unlimited. It is for ever varying its means and its ends. It governs the institu tions and laws and public policy of the country. It regu lates all its vast interests. It disposes of all its property. Look but at the exercise of two or three branches of its ordinary powers. It levies all taxes ; it directs and appro priates all supplies ; it gives the rules for the descent, dis tribution, and devises of all property held by individuals. It controls the sources and the resources of wealth.- ?, It changes at its will the whole fabric of the laws. .It moulds at its pleasure almost all the institutions which give strength and comfort and dignity to society. In the next place, it is the direct, visible representative of the will of the people in all the changes of times and circumstances. It has the pride as well as the power of numbers. It is easily moved and steadily moved by the strong impulses of popular feeling and popular odium. It obeys, without reluctance, the wishes and the will of the majority for the time being. The path to public favor lies open by such obedience; and it finds not only support, but impunity, in whatever measures the majority advises, even though they transcend the constitutional limits. It has no motive, therefore, to be jealous or scrupulous in its own use of power ; and it finds its ambition stimulated and ita ami strengthened by the countenance and the courage of num. bers. These views are not alone those of men who look with apprehension upon the fate of republics ; but they are also freely admitted by some of the strongest advocates for popular rights and the permanency of republican inatita. tions." "Each department should have a will of its own" "Each should have its own independence secured bevond the power of being taken away by either or both of the others. But at the same time the relations of each to the othor should be so strong that there should be a mutual interest to sustain and protect each other. There should not only be constitutional means, but personal motives to resist encroachments of one on either of the others. Thus, ambition would be made to counteract ambition; the desire of power to check power ; and the pressure of interest to balance an opposing interest." " The judiciary is naturally and almost necessarily, (as has been already said,) the weakest department. It can have no means of influence by patronage. Its powers can never be wielded for itself. It has no command over the purse or the sword of the nation. It can neither lay taxes, nor appropriate money, nor com mand armies, nor appoint to office. It is never brought into contact with the people by constant appeals and solicita tions, and private intercourse, which belong to all the other departments of Government. It is seen only in contro versies, or in trials and punishments. Its rigid justice and impartiality give it no claims to favor, however they may to respect. It stands solitary and unsupported except by that portion of publio opinion which is interested only in the strict administration of justice. It can rarely secure the sympathy or zealous Bupport either of the executive or the legislature. If (hey are not (as is not unfrequently the caBe) jealous of its prerogatives, the constant necessity of scrutinizing the acts of each, upon the application of any private person, aud the painful duty of pronouncing judg ment that these acts are a departure from the law or Opk stitution, can have no tendency to conciliate Uinduese or nourish influence. It would seem, therefore, that some additional gunrds would, under the circumstances, be neces sary to protect this department from thoabsoluto dominion of the others. Yet rarely have any such guards been np- pliod; and every attempt to introduce them has been resisted with a pertinacity which demonstrates hbw slow popular leaders are to introduce checks upon thoir own power, and how slow the people are to beliove that the judiciary is the real bulwark of their liberties." "If any department of the Government has undue influence or ab sorbing power, it certainly has not been the executive or judiciary." In addition to what has been said by these distinguished writers, it may also be urged that the dominant party in each House may, by the expulsion of a sufficient number of members, or by the exclusion from representation of a requi site number of States, reduce the minority to less than one-third. Congress, by these means, migM be enabled to pass a law, the objections of tlie President to the contrary notwithstanding, whioh would render impotent the other two departments of the Government, and make inoperative the wholesome and restraining power which it was PEESIDENT JOHNSON S MESSAGES. 159 intends! by the framers of the Constitution should be exerted by ,them. This would be a practical concentration of all power in the Con gress of the United States ; this, in the language of the aut&or of the Declaration of Independence, would be "precisely the definition of despotic government. I have preferred to reproduce these teachings of the great statesmen and constitutional lawyers ol the ear-ly and later days of the Republic rather than to rely simply upon an expression •I my own opinions. We cannot too often recur to them, especially at a conjuncture like the pres ent. Their application to our actual condition is go apparent that they now come to us a living voice, to be listened to with more attention than at any previous period of our history. We have *j«6n and are yet in the midst of popular coin- .motion. The passions aroused by a great civil war are still dominant. It is not a time favor able to that calm and deliberate j udgment which » the only safe guide when radical changes in pgi institutions are to be made. The measure ttow before me is one of those changes. It initi ates an untried experiment for a people who have said, with one voice, that it is not for their good. This alone should make us pause ; but it is not all. The experiment has not been tried, or so much as demanded, by the people of the several States for themselves. In but few of the States has such an innovation been allowed as giving the ballot to the colored population with out any other qualification than a residence of one year, arid in most of them the denial of the ballot to this race is absolute, and by funda mental law placedbeyond the domain of ordinary legislation. In most of those States the evil of such suffrage would be partial ; but, small as it would be, it is guarded by constitutional barriers. Here the innovation assumes formidable propor tions, which may easily grow to such an extent as to make the white papulation a subordinate element in the body politic. . After full deliberation upon this measure, I cannot bring myself to approve it, even upon local considerations, nor yet as the beginning of an experiment on a larger scale. I yield to no one in attachment to that rale of general suf frage which distinguishes our policy as a nation. But there is a limit, wisely observed hitherto, which makes the ballot a privilege and a trust, and which requires of some classes a time suit able for probation and preparation. To give it indiscriminately to a new class, wholly unpre pared by previous habits and opportunities to perform the trust which it demands, is to degrade it, and finally to destroy its power ; for it may be safely assumed that no political truth is better established than that such indiscriminate and all- embracing extension of popular suffrage must end at last in its destruction. Andkew Johnson. Washington, January 5, 1867. Copy of the Bill Vetoed. A* Act to regulate the elective franchise in the District of Columbia. Be it enacted, &c, That from and after the passage of this act each and every male person, •xcepting paupers and pa -sons under guardian ship, of the, age of twenty-one years and upwards, who has not been convicted of any- infamous crime or offense, and excepting porsons who may have voluntarily given aid and comfort to tha rebels in the late rebellion, and who shall have been born or naturalized in the United States, and who shall have resided in the said District for the period of one year, and three months in the ward or election precinct in which he shall offer to vote, next preceding any election therein, shall- be entitled to the elective franchise, and shall be deemed an elector and entitled to vote at any election in said District, without any dis tinction on account of color or race. Seo. 2. That any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall wilfully refuse to receive, or who shall wilfully reject, the vote of any person entitled to such right under this act, shall be liable to an action of tort by the person injured, and shall be liable, on indictment and conviction, if such act was done knowingly, to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, in the jail of said.District, or to both. Seo. 3. That if any person or persons shall wilfully interrupt or disturb any such elector in the exercise of such franchise, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not to exceed one thousand dollars, or be im prisoned in the jail in said District for a period not to exceed thirty days, or both, at the discre tion of the court. Seo. 4. That it shall be the duty of the several courts having criminal jurisdiction in said Dis trict to give this act in special charge to the grand jury at the commencement of each term of the court next preceding the holding of any general or city election in said District. Seo. 5. That the mayors and aldermen of the cities of Washington and Georgetown, respect ively, on or before the first day of March in each year, shall prepare a list of the persons they judge to be qualified to vote in the several- wards of said cities in any election ; and said mayors and aldermen shall be in open session to receive evidence of the qualification of per sons claiming the right to vote in any election therein, and for correcting said list, on two days in -each year, not exceeding five, days prior to the annual election for the choice of city offiuers, giving previous notice of the time and place of each session in some newspaper printed in s»id District. Sec. 6. That on or before the first day of March the mayors and aldermen of said cities sHall post up a list of voters thus prepared in one or more public places in said cities, respectively, at least ten days prior to said annual election. Seo. 7. That the officers presiding at any elec tion shall keep and use the check-list herein required at the polls during the election of all officers, and no vote shall be received unless delivered by the voter in person, and not until the presiding officer has had opportunity to be satisfied of his identity, and shall find his name on the list, and mark it, and asoertain that his vote is single Sec. 8. That it is hereby declared unlawful 160 POLITICAL MANUAL for any person, directly or indirectly, to promise, offer, or give, or procure' or cause to be, promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to any person, with intent to influence his vote to be given at any election hereafter to be held within the District of Columbia ; and every person so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, or im prisoned not exceeding two years, or both, at the discretion of the court. Sec. 9. That any person who shall accept, directly or indirectly, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security tor the payment or delivery of any money, goods, right in action) bribe, present, or reward, or any other valuable thing whatever, to influ ence his vote at any election hereafter to be held in the District of Columbia, shall, on conviction, be imprisoned hot less than one year and be for ever disfranchised. Sec. 10. That all acts- and parts of acts incon sistent with this act be, and the same are hereby, repealed. The votes on this bill were : 1866, December 14 — The Senate- passed it — \ eas 32, nays 13, as follow : Veab — Messrs. Anthony* Brown, Cattell, Chandler, Con ness, Creswell, Edmunds, Fessenden, Fogg, Freliughuysen, uirimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Poland, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, -Willey, Wil liams, Wilson — 32. Nats — Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle, t £te-c„Hendricks, Nesmith, Norton, Patterson, Riddle, Sauls- b«*y, Van Winkle— 18. 1866, December 14 — The House passed it — T*as 128, nays 46, as follow : Yeas — Messrs. Alley, Allison, Ames,. Anderson, Arnell, Delos R. Ashley, .lames M. Ashley, Baker, Baldwin, BankB, Barker, Baxter, Beaman, Bidwell, Bingbam, Blaine, Blow, Buutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. ClarUe, Sidney Clarke, Cobb, Conkling, Cook, Culver, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Don nelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Uat-held, Grinnell, Griswold; Halo, Abner C. Harding, Hart, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Demas Hubbard, jr., John II. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, KasBon, Kelley, Kelso, Keteham, Koontz, Laflin, George V.Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Mar vin. Maynard, McClnrg, Mclndoe, McRuer, Mercur, Miller, Mnorhead, Morrill, Morris, Moulton, Myers, Newell, 0'iVeill, Orth, Paine, Patterson, Perham, Pike, Pomeruy, Price, Ray mond, Alexander H. Rice, John II. Rice, F.ollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Ste vens, Stokes, Thayer, Francis Thomas, Trowbridge, Upson. Van Aerniau, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, Ellihu B. Washburne, William B. Wash burn, Welker, Wentworth, Williams, James F. Wilson, Ste phen F. Wilson, Windom, Woodbridge, and Speaker Coifax —128. Nays-- -Messrs. Ancona, Bergen, Boyer, Campbell, Chan ter, Cooper, Dawson, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Aaron, Harding, Harris, Hise, Hogan. Chester D. Hubbard, Edwin N. Hubbell, Huntr,Ken; Kuykendall, Intlvun, LeBlond, Leflwich, Marshall, McKeo, Niblack, Nichihon, Nodi, Phelps, Samuel J. Randall, William H. Randall, Ritter, Rogers, Ross, Rousseau, Slianklin, Sit greaves, Stillwell, Strouse, Taber, Nathaniel G. Taylor, Nel son Taylm-, Thornton, Andrew H. Ward, Whaley— 46. 1867, January -7— The bill was vetoed. Same day, the Senate passed it, notwithstand ing the President's objections, by a two-thirds vote — yeas 29, nays 10, as follow : Yeas— Messrs. Anthony, Cattell, Chandler, Conness, Cra gin, CroBwell , Edmunds, Fessenden, Fogg, Fowler. FreU^g. huyson, Grimes, Henderson, Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Poland, Ramsey, Iloss, Shertnan, Stewart, Sumner, Trumbull, Wade, Willey, Williams— W, Nats — Messrs. Cowan, Dixon, Doolittle, Foster,, Hendricks, Johnson, Nesmith, Norton, Patterson, Van Winkle— 10'. January 8 — The' House passed it — yeas 11)5, nays 38, as follow : Yeas — Messrs. Alley, Allison, Ames, Arnell, Delos R. Ash ley, James M. Ashley, Bakor, Baldwin, Banks, Barker; Bax ter; Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Braudegee, Bromwell, Broomall, Buckland, Bundy, Reader W, Clarke, Sidney Clarke, Cobb, Cook, Cullom, Culvere, Bar- ling, Dawes, Delrees, Delano, Deming, Dixon, Dodge, Dblr- nelly, Driggs, Eckley, Eggleston, Farnsworth, Farquhnr, Farry, Garfield, Grinnell, Abner C. Harding, Hart, Hawkins, Hayes, Henderson, Higby. Hill, Holmes, Hooper, John, H. Hubbard, James R. Hubbell, Ingersoll, Jenckes, Julian, Kas son, Kelley, Kelso, Ketcham, Koontz, George V. Lawrence, William Lawrenoe,Loao, Longyear, Lynch, Marston, Marvin, Maynard, McClurg, McRuer, Mercur, Miller, Morrill, Moul ton, Myers, Newxjfl O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price,»Raymond, Alexander H. Rice, John H. Rice,, Sawyer, Schenck, Scofield, Spalding, Starr, Stokes, Thayer, Francis Thomas, John L.Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Waft- ner, Ellihu B. Washburne, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wi'Isod, Windom, and Speaker Colfax — 113. Nays — Messrs. Ancona, Bergen, Campbell, Chanter. Coopfr, Dawson; Eldridge, Finck, Glossbrenner, Aaron Harming, Hise, Hogan. Chester D. Hubbard, Humphrey, Hunter, Kerr, Kuykendall, Latham, Leflwich, McCullough, Niblack, ^iclt- olson, Noell, Phelps, Radford, SamuelJ. Randall, William H. Randall, Ritter, Rogers, Ross, Shanklin, Slrouse, Taber, Na thaniel G. Taylor, Nelson Taylor, Trimble, Andrew H. Wari, Whereupon the Speaker of the House de clared the. Dill a law. Veto of the Colorado Bill, January 29, 1867. To the Senate of the United States : I return to the Senate, in which House: it originated, a bill entitled " An act to admit the State of Colorado into the Union," to. which I cannot, consistently with my sense of duty, give my approval. With the exception of an addi tional section, containing new provisions, it ia substantially the same a3 the bill of a similar title, passed hy Congress during the last session, submitted to the President for his approval, returned with the objections contained in a mes sage bearing date the 15th of May last, and yet awaiting the reconsideration of the Senate. A second bill, having in view the same pur pose, has now passed both Houses of Congress, and been presented for my signature. Having again carefully considered the subject, I have been unable to perceive any reason for changing the opinions which have already been com municated to Congress. I find, on the contrary; that there are many objections to the proposed legislation, of which I was not at that time aware ; and that while several of those which 1 then assigned haye, in the interval, gained in strength, yet others have been created by the altered character of the measure now submitted* The constitution under which this State gov^ ernment is proposed to be formed very propeffl^ contains a provision that all laws in force at the time of its adoption, and the admission of > the State into the Union, shall continue as if the constitution had not been adopted. Among those laws is one absolutely prohibiting negroes' and mulattoes frcm voting. At the recent session of the /Territorial Legislature a bill for *h»Mp#'' of thi« htw, introduced into the codncil, w# PKESIDBNT JOHNSON S MESSAGES. 161 almost unanimously rejected ; and at the very time when Congress was engaged in enacting the bill now under consideration, the Legislature passed an act excluding negroes and mulattoes from the right to sit as jurors. This bill was vetoed by the Governor of the Territory, who held that by the laws of the United States negroes and mulattoes are citizens, and subject to the duties, as well ae entitled to the rights of citizenship. The bill, however, was passed, the objections of the Governor to tho contrary not withstanding, and is now a law of the Territory. Yet in tlie bill now before me, by which it is proposed to admit the Territory as a State, it is provided that " there shall be no denial of the elective franchise, or any other rights, to any person, by reason of race or color, excepting. Indians not taxed." The incongruity thus exhibited- between the legislation of Congress and that of the Terri tory, taken in connection with the protest against the admission of the State hereinafter referred to, would seem clearly to indicate the impolicy and injustice of the proposed enact ment. It might indeed be a subject of grave inquiry, and doubtless will result in such inquiry it this bill become a law, whether it does not attempt to exercise a power not conferred upon Congress by the Federal Constitution. That- instrument simply declares that Congress may admit new States into the Union. It nowhere says that Congress may make new States for the purpose of admitting them into the Union, or for any other purpose; and yet this bill is as clear an attempt to make the institutions as any in which the people themselves could engage. In view of this action of Congress, the House of. Representatives of the Territory have earn estly protested against being forced into the Union without first having the question sub mitted to the people. Nothing could be more reasonable than the position which they thus assume ; and it certainly cannot be the purpose of Congress to force upon a community, against their will, » government which they do not believe themselves capable of sustaining. The following is a copy of the protest alluded to, as officially transmitted to me: " Whereas it is announced in the public prints thatit is the intention of Congress to admit Colorado as -a State into the Union: Therefore, " Resolved by the House of Representatives of this Territory, That, representing as we do the last and only legal expres sion of public opinion on this question, we earnestly protest ttgainsk the passage of a law admitting tho State, without first having the question submitted to a xota of the people, for, the reasons, first, that we have a right to a voice in the selection of the character of our government; second, that we have wot a sufficient population to support the expenses of a State government. For these reasons we trust1 Con gress will not force upon us a government against our will." Upon information which I considered reliable, I assumed in my message of the 15th of May last that the population of Colorado was not more than thirty thousand, and expressed the opinion that this number was entirely, too small either to assume the responsibilities: or to> enjoy the privileges of a State. It appears that previous to that time the- Legislature, with a view to ascertain the e-xact condition 'of the Territory, had passed a law a&thorizing a census of the population to be II taken. The law made it the duty of the asses sors in the several counties to take the census in connection with the annual assessments, and, in order to secure a correct enumeration of the population, allowed them a liberal compensation for the service by paying them for every name returned, and added to their previous oath of office an oath to perform this duty with fidelity. From the accompanying official report it ap pears that returns have been received from fifteen of the eighteen counties into which tne" State is divided; and that their population amounts in the aggregate to twenty-four thou sand nine hundred:and nine. The three remain ing counties are estimated to contain three thousand; making a total population of. twenty- seven thousand nine hundred and nine, (27,909.) This census was taken in the summer season, when it is claimed that the population is much larger than at any other period, as in the autumn miners, in large numbers, leave their work and return to the East, with the results of their summer enterprise. The population, it will be observed, is but slightly in excess of one-fifth of the number required as the basis of representation for a sin gle congressional district in any of the States, that number being one hundred and twenty- seven thousand. I am unable to perceive any good reason for such great disparity in the right of representa tion, giving, as it would, to the people of Col orado, not only this vast advantage in the House of Representatives, but an equality in the Senate, where the other States are repre sented by millions. With perhaps a single ex ception, no such inequali'y as this has ever be fore been- attempted. I know that it is claimed that the population of the different. States at the time of their" admission has varied at different periods, but it' has not varied' much more than the population of each' decade and the corres ponding basis of representation for the different periods. The obvious* intent of the Constitution was, that no State should be admitted with a less population than the ratio for a Representative at the time of application. The limitation in the' second section of the first article of the Consti tution, declariug^thal " each State shall have at least- one Representative," was manifestly de signed to protect the States which originally composed the Union from being deprived, in the event of a waning population, of a voice in the popular bi-anch of Congress, and was never intended as a Walrant'tb force a" new State into the Union with a representative population far beloW that which might at the time be required of sister'members of the Confederacy. This bill, in view of the prohibition' of the same section, which declares that " the number of Representa tives' shall riot exceed 'one for every thirty thou sand," is'a't'least'a'violation of the spirit, if not the letter of the Constitution. It'is respectfully submitted that however Con gress', under'the pressure of circumstances, may nave admitted two or three States with less than a -representative population at the time, there has'oeen no instance in which an application for admission" has" even been entertained wb«R 162 POLITICAL MANUAL. the population, as officially ascertained, was be low thirty thousand. Were there any doubt of this being the true construction of the Constitution, it would be dis pelled by the early and long-continued practice of the Federal Government. For nearly sixty years after the adoption of the' Constitution no State was admitted with a, population believed at the time to be less than the current ratio for a. Representative, and the first instance in which there appears to have been a departure from the principle was in 1845, in the case of Florida. Obviously the resultof sectional strife, we would do well to regard it as a warning of evil rather than as an example for imitation, and I think candid men of all parties will agree that the in spiring cause of the violation of this wholesome principle of restraint is to be found in a vain attempt to balance those antagonisms which re fused to be reconciled exceptthrough the bloody arbitrament of arms. The plain facts of our his tory will attest that the great and leading States admitted since 1845, viz., Iowa, Wisconsin, Cali fornia, Minnesota, and Kansas, including Texas, which was admitted that year, have all come with an ample population for one Representative, and some of them with nearly or quite enough for two. To demonstrate the correctness of my views on this question, I subjoin a table containing a list of the States admitted since the adoption of the Federal Constitution, with the date of ad mission, the ratio of representation, and the rep resentative population when admitted, deduced from the United States census tables, the calcula tion being made for the period of the decade cor responding w ith the date of admission : States. Admitted. Ratio. Population. Vermont 1791 83,000 92,320 Kentucky 1T92 83,000 95,638 Tennessee 1796 83,000 73,864 Ohio 1802 33,000 82,443 Louisiana '. 1812 36,000 75,212 Indiana 1816 35,000 98,110 Mississippi 1817 35,000 63,677 Illinois 1818 35,000 46,374 Alabama 1819 85,000 111,150 Maine 1820 35,000 298,335 Missouri 1821 85,000 69,260 Arkansas 1836 47,700 65,175 Michigan 1837 47,700 168,072 Florida 1846 70,680 67 951 Texas 1845 70,680 *189,327 Iowa 1846 70,680 132,572 Wisconsin 1848 70,680 250,497 California 1850 70,680 92 597 Oregon 1858 93,492 44,630 Minnesota 1858 93,492 138,909 Kansas 1861 93,492 107,206 West Virginia 1862 93,492 849,628 Nevada 1864 127,000 Not known. Colorado, which it is now proposed to admit as a State, contains, as has already been stated, a population leBs than twenty-eight thousand' while the present ratio of representation is one hundred and twenty-seven thousand. There can be no reason, that I can perceive, for the admission of Colorado that would not apply with equal force to nearly every other Territory now organized ; and I submit whether, if this bill become a law, it will be possible to resist the logical conclusion that such Territo ries as Dakota, Montana, and Idaho, must be received as States whenever they present them- * In 1850i selves, without regard to the number of in'nabj., tants they may respectively contain. Eight of ten new Senators, and four or five new mem bers of 'the House of Representatives would thnj be admitted to represent a population scarcely exceeding that which, in any other portion of the nation, is entitled to but a single member of the House of Representatives, while the average for two Senators in the Union, as now consti tuted, is at least one million of people. It would surely be unjust to all other sections of the Union to enter upon a policy with regard to admission of new States which might result in conferring such a disproportionate share of influence in the national Legislature upon communities which, in pursuance of the wise policy of our fathers; should for some' years to come be retained un der the fostering care and protection of the na tional Government. If it is deemed just and expedient now to depart from the settled policy of the nation during all its history, and to admit all the Territories to the rights and privileges of: States, irrespective of their population or fitness^ for such government, it is submitted whether it would not be well to devise such measures as will bring the subject before the country for con sideration and decision. This would seem to be evidently wise, because, as has already been stated, if it is right to admit Colorado now, there- is no reason for the exclusion of the other Ter ritories. It is no answer to these suggestions that an enabling act was passed authorizing the people1 of Colorado to take action on this subject. It iB well known that that act was passed in conse quence of representations that the population reached, according to some statements, as high as eighty thousand, and to none less than fifty thou sand, and was growing with a rapidity which by the time the admission could be consummated would secure a population of over a hundred thousand. These representations prove to have been wholly fallacious, and in addition, the peos pie of the Territory, by a deliberate vote, decided that they would not assume the responsibilities of a State government. By that decision they utterly exhausted all power that was conferred by the enabling act, and there has been no step taken since in relation to the admission that has had the slightest sanction or warrant of law. The proceeding upon which the present appli cation is based was in the utter absence of all law in relation to it, and there is no evidence that the votes on the question of the formation of a State government bear any relation what ever to the Bentiment of the Territory. The pro test of the House of Representatives, previously quoted, is conclusive evidence to the contrary. But if none of these reasons existed against this proposed enactment, the bill itself, besides being inconsistent in its provisions in conferring power upon a person unknown to the laws, and who may never have a legal existence, is so framed as to render its execution almost impos sible. It is, indeed, a question whether it is not in itself a nullity. To say the least, it is of exceedingly doubtful propriety to confer the power proposed in the bill upon *ho " Governor elect ;" for, as by its own terms the constitution is not to take effect until after the admission of PRESIDENT JOHNSON'S MESSAGES. 163 the State, he, in the mean time, has no more authority than any other private citizen. But, even supposing him to be clothed with sufficient authority to convene the Legislature, what con stitutes the " State Legislature," to which is to be referred the question of submission to the con ditions imposed by CongresB ? Is it a new body, to be elected and convened by proclamation of the " Governor elect," or is it that body which met more than a year ago, under the provisions of the State constitution ? By reference to the second section of the schedule, and to the eigh teenth section of the fourth article of the State constitution, it will be Been that the term of the memberB of the House of Representatives, and that of one-half of the members of the Sen ate, expired on the first Monday of the present month. It is clear that if there were no intrin sic objections to the bill itself in relation to the purposes to be accomplished, this objection would be. fatal ; as it is apparent that the provisions of the third section of the bill to admit Colorado have reference to a period and a state of facts entirely different from the present, and affairs as they now exist, and, if carried into effect, must necessarily lead to confusion. . Even if it were settled that the old and not a new body were to act, it would be found imprac ticable to execute the law, because a consider able number of the members, as I am informed, have ceased to be residents of the Territory, and in the sixty days within which the Legislature is to be convened after the passage of the act thero would not be sufficient time to fill the vacancies hy new elections, were there any authority under which they could be held. It may not be im proper to add that if these proceedings were all regular, and the result to be attained were de sirable, simple justice to the people of the Ter ritory would require a longer period than sixty days within which to obtain action on the con ditions proposed by the third section of the bill. There are, as is well known, large portions of the Territory with which there is and can be no general communication, there being several counties which, from November to May, can only be reached by persons travelling on foot, while with other regions of the Territory, occu pied by a large portion of the population, there is very little more freedom of access. Thus, if this bill should become a law, it would be im practicable to obtain any expression of public sentiment in reference to its provisions, with a view to enlighten the Legislature, if the old body were called together ; and, of course, equally impracticable to procure the election of a new body. This defect might have been remedied by an extension of the time, and a submission of the question to the people, with a fair opportunity to enable them to express their sentiments. The admission of a new State has generally been regarded as an epoch in our history, mark ing the onward progress of the nation ; but, after the most careful and anxious inquiry on the subject, I cannot perceive that the proposed proceeding is in conformity with the policy which, from the origin of the Government, has uniformly prevailed in the admission of new States. I therefore return the bill to the Senate without my signature. Andrew Johnson. Washinoton, January 28, 1867. Copy of thq Bill Vetoed. An Act to admit the State of Colorado into the Union. Whereas, on the twenty-first day of March, anno Domini eighteen hundred and. sixty-four, Congress passed an act to enable the people of Colorado to form a constitution and State Gov ernment, and offered to admit said State ,\vhen so formed, into the Union upon compliance with certain conditions therein specified ; and where as it appears by message of the President of the United States, dated January , eighteen hun dred and sixty-six, that the said people have adopted a constitution; which, upon due exam ination, is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union : Be it enacted by the Senate and Souse of Rep resentatives of the United States of America in Congress assembled, That the constitution and State government which the people of Colorado have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed; and that the said State of Colorado shall be, and hereby is declared to be, one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States in all respects whatsoever. Sec.. 2. And be it further enacted, That the said State of Colorado shall be, and is hereby de clared to be, entitled to all the rights, privileges, grants, and immunities, and to be subject to all the conditions and restrictions, of an act entitled "An act to enable tho people of Colorado 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," approved March twenty-first, eighteen hundred and sixty- four. Sec. 3. And be it further enacted, That this act shall not take effect except upon the fundamental condition that within the Slate of Colorado there shall be no denial of the elective franchise, or any other rights, to any person by reason of race or color, excepting Indians not taxed ; and upon the further fundamental condition that the Legis lature elected under said State constitution, by a solemn public act, shall dec'are the assent of said State to the said fundamental condition, and shall transmit to the President of the United States an authentic copy of said act ; upon re ceipt whereof the President, by proclamation, shall forthwith announce the fact, whereupon said fundamental condition shall 'be held as a part of the organic law of the State ; and there upon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by the Governor elect of said State within sixty days after the passage of this act, to act upon the condition submitted herein. The votes on this bill were : 1867, January 9— The bill passed the Senate, yeas 23, nays 11, with the third section in these words : That this act shall take effect with the fundamental and perpetual condition that within Baid State of Colorado there shall be no abridgment or denial of the exercise ot the elective franchise, or of any other right, to any person by reaBon of race or color, (excepting Indians not taxed.) 164 POLITICAL MANUAL. Yeas — Messrs Anthony, Cattell, Chandler, Conness, Cragin, Creswell, Edmunds, Fowler, Henderson, Howard, Kirkwood, Laoe, Morrill, Poland, Ramsey, Ross. Sherman, Stewart, Sumner, Van Winkle, Wade, Willey, Williams— -23. Nays — Messrs. Buckalew, Doolittle, Foster, Grimes, Hen dricks, Johnson, Morgan, Nesmith, Norton, Patterson, Rid dle— 11. January 16 — Tho Senate agreed' to the bill with the third section as it stands — yeas 27, nays 12, as follows : Yea- , admitted, this condition is- in' clear violation of the Federal Constitution, under the provisions of PRESIDENT JOHNSON S MESSAGES. 165 which/from the very foundation of the Govern ment, each State has been left free to determine for itself the qualifications necessary for the exercise of suffrage within its limits. Without precedent in our legislation, it is in marked ¦ contrast with those limitations which, imposed upon States that, from time to time, have be come members of the Union, had for their object the single purpose of preventing any infringement ot the Constitution of the country. If Congress is satisfied that Nebraska, at the1 tpresent 'time, possesses sufficient population to entitle her to full representation in the councils of the nation, and that her people desire an exchange of a territorial for a State government, good .faith would seem to demand that She Bhould be admitted without further requirements than those expressed "in the enabling act, with .all of which, it is asserted in the preamble, her inhabitants have complied. CongresB may, under the Constitution, admit new States or reject them, but the people of a State can alone make or change their organic law and prescribe the qualifications requisite for electors. Con- ¦gress, however, in passing the bill in the. shape in which it has been submitted for my approval, does not .merely reject the application of the people of Nebraska for present adihission as a State into the Union, on the ground 'that the constitution which they have submitted restricts the exercise of the elective franchise to 'the white population, but imposes conditions which, if accepted by the Legislature, may, without the consent of the people, so change the organic law as to make electors of all persons within the State, without distinction of race or color. In view of this fact, I suggest for the consideration of "Congress, whether it would not be j ust, ex pedient, and in accordance with the principles of our government, to allow the people, by pop ular vote, or through a convention chosen by themselves for that purpose, to declare whether or not they will accept the terms upon which it is now proposed to admit them into the Union. This course will not occasion much greater delay than that which the bill contemplates when it requires that the Legislature shall be convened within thirty days after this measure shall have become a law, for the purpose of considering and deciding the conditions which it imposes, and gains additional force when we consider that the proceedings attending the formation of the State constitution were -not in conformity with the provisions of the enabling act, that in an aggregate vote of .seven thousand, seven hundred and seventy-six, the majority in favor of the constitution did not exceed one hundred-; and that it is alleged that, in con sequence of frauds, even this result cannot be iseoeivod as a fair expression of the wishes of the people. As upon them must fall the burdens of a State organization, it is but just that they should be permitted to determine for themselves a ques tion which so materially .affects their interests. Possessing a soil and a climate admirably adapted to those industrial pursuits which bring pros perity and greatness to a people, with the advan tage of a central position on the great highway that will soon connect the Atlantic and Pacific Statts, Nebraska is rapidly gaining in numbers and wealth, and may within a very brief period claim admission on grounds which will challenge and secure universal assent. She can therefore wisely and patiently afford'to wait.. Her popu lation is said to be. steadily and even rapidly in creasing, being now generally conceded as high as forty thousand, and estimated by some, whose judgment is entitled to respect, at a still greater number. .Ather:present rate of growth, she will, in a very short time, have the requisite popula tion for a [Representative in Congress, and, what is far more important to her own citizens, will have realized such an advance in material wealth as will enablethe expenses of a State government, to he borne without oppression to the tax-payer- Of new communities it may be said with Bpecial force — and it is true of old ones— that the induce ment to emigrants, other .things being equal, is in almost the precise ratio of the rate of taxation. The great States of the Northwest owe their mar vellous prosperity largely to the fact that they were continued as Territories until they had grown to be wealthy and populous communities. Andkew Johnson. Washington,- January. 29, 1867. Copy of the Bill Vetoed. An Act for the admission of the State of Nebras ka into the Union. Whereas, on the twenty-first day of March, anno Domini eighteen hundred and sixty-four, Gongress passed an act to enable the people of Nebraska to form a constitution and State gov ernment, and offered to admit said State, when so formed, into the Union upon compliance with certain conditions therein specified ; and whereas it appears that the said people have adopted a constitution which, upon due examination, is found to conform to the provisions and comply with the conditions of said act, and to be repub lican in its form of government, and that they now ask for admission into the Union : There fore, Be it enacted by the Senate and Souse of Rep resentatives of the United States of America in Congress assembled, That the constitution and State government which the people of Nebraska have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed, and that the said State of Nebraska shall be, and is hereby declared to be, one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States in all respects Whatsoever. Seo. 2. And be it further enacted. That the said State of Nebraska shall be, and is hereby declared to lbe, entitled to all the rights, privi leges, .grants, and immunities, and to be subject to alT the conditions and restrictions of an act entitled " An act to enable the people of Ne braska to form a constitution and State govern ment, and for the admission of such State into the Union on an equal footing with the original Sec. 3. AnS be it further enacted, That this act shall not take effect .except upon the funda mental condition that within the State of Ne braska there shall be no denial of the elective franchise, or of any other right, to any person by reason of race or color, except Indians not 266 POLITICAL MANUAL. taxed, and upon the further fundamental con dition that the Legislature of said State, by a solemn public act, shall declare the assent of said State to the said fundamental condition, and shall transmit to the President of the Dnited States an authentic copy of said act. Upon re ceipt whereof the President, by proclamation, shall forthwith announce the fact; whereupon said fundamental condition shall be held as a part of the organic law of the State ; and there upon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by the Ter ritorial Governor within thirty days after the passage of this act, to act upon the condition submitted herein. The votes on this bill were : 1867, January 9 — A bill passed in Senate — yeas 24, nays 15, with the third section in these words : " That this act shall take effect with the fundamental and perpetual condition that within said State of Nebraska there shall be no abridgment or denial of the exercise of the elect ive franchise, or of any other right, to any person by reason of race or color, excepting Indians not taxed." Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra gin, Creswell, Edmunde, Fogs;, Fowler, Henderson, Howard, Kirkwood, Lane, Morrill, Poland, Ramsey, Ross, Sherman, Stewart, Sumner, Van Winkle, Wade, Willey, Williams — 24. Nays — Messrs. Buckalew, Cowan, Dixon, Doolittle, Foster, Grimes, Hendricks, Howe, Johnson, Morgan, Nesmith, Nor ton, Patterson, Riddle, Saulsbwry — 15. January 16 — The Senate agreed to the third section as it stands — yeas , 28, nays 14, as fol low : Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra gin, Fessenden, Foffg, Fowler, Frelinghuysen, Grimes, Hen derson, Howard. Kirkwood, Lane. Morgan, Morrill, Poland, Ramsey. Sherman. Sprague, Stewart, Sumner, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 28. ^ Nays — Messrs. Buckalew, Cowan, Dixon, Doolittle, Ed munds, FoBter, Han-is, Hendricks, Johnson, Nesmith, Nor ton, Patterson, Riddle, SauUbury — 14. In House. January 15 — The third section, as it stands, was substituted for that adopted above by the Senate — yeas 88, nays 70, as follow : Yeas— Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baldwin, Banks, Baxter, Blaine, Boutwell, Brande gee, Broomall, Cobb, Cook, Cullom, Culver, Dawes, Deming, Dixon, Dodgo, Donnelly, Driggs, Eckley, Eliot, Ferry, Gar field, Grinnell, Griswold, Hart, Higby, Holmes, Hooper, Demas Hubbard, jr., John H. Hubbard, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Koontz, Kuykendall, Loan, Longyear, Lynch, Marston, Marvin, Maynard, McClurg. Mclndoe, McRuer, Mercur, Moorhead, Morrill, Morris. -Moulton, Newell, O'Neill, Orth, Painn, Patterson, Perham, Pike, Price, Raymond, Alexander II. Rice, John II. Rico Rollins, Sawyer, Schenck, Scofield, Spalding, Stevens, Thayer, Trowbridge, Upson, Van Aeru,,m, Burt Van Horn, Hamilton Ward, Warner, Ellihu B. Washburne, William B Washburn, Welker, Wentworth, Williams, James F. Wil son. Stephen F. Wilson, Windom-88. Nays— Messrs. Ancona, Delos R. Ashley, Baker, Benjamin, Bergen, Bingham, Boyer, Bromwell, Buckland, Bundy, Camp bell, Chanter, Reader W. Clarke, Cooper, Davis, Dawson, Defrees, Delarib, Denison, Eldridge, FarnBworth, Farquhar, Finck, Glossbrenner, Goodyear, Hale, Aaron Harding, Abner C. Harding, Hawkins, Henderson, Hill, Hise, Hogan, Ches ter D. Hubbard, Edwin N. Hubbell, J. R. Hubbell, Hum phrey, Hunter, Johnson, Kerr, Latham , George V. Lawrence Le Blond, Leftwich, Marshall, McKee, Miller, Niblack', Nicholson, Plants, Radford, Samuel J. Randall, William H. Randall, Ritter, Rogers, Shanklin, Shellabarger, Sitgreaves' Stillwell, Stokes, Strouse, Taber, Nathaniel G. Taylor, Nel son Taylor, Francis Thomas, John L. Thomas, jr., Thornton Andrew H. Ward, Henry D. Washburn, Whaley— 70. Same day— The bill passed— yeas 103, nays 65, as follow: Yeas— Messrs. Alley, Allison, Ames, Anderson, Delos K. Ashley, James M. Ashley, Baldwin, Banks, Baxter, Benjamin, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Cobb, Cook, Cullom, Culver, Dawes, Delano, Deming, Dixon, Dodge, Donnelly, Driggs; Eckley, Eliot, Farnsworth, Furquhar, Ferry, Garfield, GrinneW, Gris wold, Hart, Henderson, Higby, Hill, Holmes, Hooper, De mas' Hubbard, jr., JohnH. Hnbbard, JameBR. Hubbell, Ia- fersoll, Jenckes, Julian, Kelley, Ketcham, Kooutz, George '. Lawrence, Loan, Longyear. Lynch, Marston, ' Marvin, Maynard, McClurg, Mclndoe, McRuer, Mercur, Miller,Moor. head,Morrill, Motris, Moulton, Newell, O'Neill, Orth, Paine, Patterson, Perham, Plants, Price, Alexander II. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Stevens, Stokes, Thayer, Francis Thomes, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Went. worth, Williams, James F. Wilson, Stephen F. Wilson, Win. dom— 103. Nays — Messrs. Ancona, Baker, Bergen., Bingham, Boyer, Buckland, Campbell, Chanter, Cooper, Davie, Dawson, Defrees, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Hale, Aaron Harding, Abner C. Harding, Hawkins, Hise, Hogos, Chester D. Hubbard, Edwin N. Hubbell, Humphrey, Hurtr ter, Johnson. Kelao, Kerr, Kuykendall, Latham, Le Blond, Leftwich, Marshall, McKee, Niblack, Nicliolson, Radford, Samuel J. Randall, William H. Randall, Raymond, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Stillwell, Strouse, Taber, Nathaniel G. Taylor, Nelson Taylor, Thornton, Andrew H. Ward, Whaley— 55. The bill then passed, as above. January 30 — The bill was vetoed. * February 8 — The Senate passed if over the veto — yeas 30, nays 9, as follow : Yeas — Messrs. Anthony, Brown, Chandler, Cragin, Cres- well, Fogg, Fowler, Frelinghuy6en, Grimes. Harris, Hender son, Howard, Howe, Kirkwood, Lane, Morrill, Poland, Pomeroy, RamBey, Ross, Sherman, Sprague, Stewart, Sum ner, Trumbull, Van Winkle, Wade, Willey Wilson, Yates -30. Nays — Messrs. Buckalew, Davis, Doolittle, Foster, Hen dricks, Morgan, Norton, Patterson, SauUbury — 9. February 9 — The House passed the bill — yeas 120, nays 44, as follow -. Yeas — Messrs. Allison, Anderson, James M. ABhley, Banks, Barker, Baxter, Beaman, Bidwell, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling. Dawes, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, mil. Holmes, Hooper, Hotchkiss, John II. Hubbard, JantesR.I-lubbell, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Koontz, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Marston, Marvin, Maynard, McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Per ham, Pike, Plants, Pomeroy, Price, William H. Randall, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr,, Stevens, Stokes, Thayer, Francis Thomas, Trowbridge, Upson. Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, Henry D. Washburn, William B. Washburn, Welker, Wentworth, Whaley. Williams, James F. Wilsqu, Stephen F. Wilson, Windom, Woodbridge, and Speaker Coir pax— 1^0. Nays — Messrs. Campbell, Chanler, Cooper, Davis, Dawsm, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, Harris, Hawkins, Hise, Edwin N Hubbell, Hum phry/, Hunter, Kerr. Kuykendall, Le Blond, Leftwich, Mr- shall, McCullough, Niblack, Nicholson, Noell, Radford, Sam uel J. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Slianklin, Sitgreaves, Stillwell, Strouse, Taber, Nathaniel 67. Taylor, Nelson Taylor, Thornton, Trimble, Jndreut'H. Ward, Winfield— H, Whereupon the Speaker of the House declared the bill to De a law. Veto of the Reconstruction Bill, March 2, 1887.* To the Souse of- Representatives': I haye examined the bill " to provide for the more efficient government of the rebel States" with the care and anxiety which its trar'oend- ant importance is calculated to awaken. [ am1 * For copy of the bill vetoed, see chap, xviii PRESIDENT JOHNSON'S MESSAGES. 167 unable to give it my assent for reasons so grave, that I hope a statement of them may ha ,e some influence on the minds of the patriotic and en lightened men with whom the decision must ultimately rest. The bill places all the people of the ten States therein named under the absolute domination of military rulers ; and the preamble undertakes to give the reason upon which the measure is based, and the ground upon which it is justified. It declares that there exists in those States no legal governments, and no adequate protection for life or property, and asserts the necessity of enforcing peace and good order within their limits. Is this true as matter of fact? It is not denied that the States in question have each of them an actual Government, with all the powers, executive, judicial, and legisla tive, which properly belong to a free State. They are organized like. the other States of the Union, and, like them, "they make, administer, and execute the laws which concern their do mestic affairs. An existing de facto government, exercising such functions as these, is itself the . law of the State upon all matters within its juris diction. To pronounce the supreme law-making power of an established State illegal is to say that law itself is unlawful. The provisions which these Governments have made for the preservation of order, the suppres sion of crime, and the redress of private injuries, are in substance and principle the same as those which prevail in the northern States and in other civilized countries. They certainly have not suc ceeded in preventing the commission of all crime, nor has this been accomplished anywhere in the world. There, as well as elsewhere, offenders sometimes escape for want of vigorous prosecu tion, and occasionally, perhaps, by the ineffi ciency of courts or the prejudice of jurors. It is undoubtedly true that these evils have been much increased and aggravated, North and South, by the demoralizing influences of civil war, and by the rancorous passions which the contest has "engendered. But that these people are main taining local governments for themselves which habitually defeat the object of all government and render their own lives and property inse cure, is', in ' itself utterly improbable, and the averment of the bill to that effect is not sup ported by any evidence which has come to my knowledge. All the information I have on the subject convinces me that the masses of the south ern people and those who control their public acts, while they entertain diverse opinions on questions of Federal policy, are completely uni ted in the effort to reorganize their society on the basis of peace, and to restore their mutual prosperity as rapidly and as completely as their circumstances will permit. The bill, however, would seem to show upon its face that the establishment of peace and good order is not its real object. The fifth section declares that the preceding sections shall cease to operate in any State where certain events shall have happened. These events are— First, the selection of delegates to a State Convention by an election at which negroes shall be allowed to vote. Second, the formation of a State Con stitution by the Convention so chosen. Third, the insertion into the State Constitution of a provision which will secure the right of voting at all elections to negroes, and to such white men as may not be disfranchised for rebellion or felony. . Fourth, the submission of the Constitu tion for ratification to negroes and white men not disfranchised, and its actual ratification by their vote. Fifth, the submission of the State Constitution to Congress for examination and approval, and the actual approval of it by that body. Sixth, the adoption of a certain amend ment to the Federal Constitution by a vote of the Legislature elected under the new Constitu tion. Seventh, the adoption of said amendment by a sufficient number of other States to make it a part of the Constitution of the United States. All these conditions must be fulfilled before the people of any of these States can be relieved from the bondage of military domination ; but when they are fulfilled, then immediately the pains and penalties of the bill are to cease, no matter whether there be peace and order or not, and without any reference to the security of life or property. The excuse given for the bill in the preamble is admitted by the bill itself not to be real. The military rule which it establishes is plainly to be used, not for any purpose of order or for the prevention of crime, but solely as a means of coercing the people into the adoption of principles and measures to which it is known that they are opposed, and upon which they have an undeniable right to exercise their own judgment. I submit to Congress whether this measure' is not, in its whole character, scope, and obj ect, with out precedent and without authority, in palpable conflict with the plainest provisions of the Con stitution, and utterly destructive to those great principles of liberty and humanity for which our ancestors on both sides of the Atlantic have shed so much blood and expended so much treasure. The ten States named in the bill are divided into five districts. For each district an officer of the Army, not below the rank of brigadier general, is to be appointed to rule over the peo ple ; and he is to be supported with an efficient military force to enable him to perform his duties and enforce his authority. Those duties and that authority, as defined by the third section qf the bill, are, " to protect all persons in their rights of person and property, to suppress insur rection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace or criminals." The power thus given to the commanding officer over all the people of each district is that of an absolute monarch. His mere will fe to take the place of all law. The law of the States is now the only rule appli cable to the subjects placed under his control, and that is completely displaced by the clause which declares all interference of State authority to be null and void. He alone is permitted to determine what are rights of person or property, and he may protect them in such way as in his discretion may seem proper. It places at his free disposal all the lands and goods in his dis trict, and he may distribute them without let or hindrance to whom he pleases. Being bound by no State law, and there being no other law to regulate the subject, he may make a criminal m OPOLIIICAJ. .-JIANTIAIi. code of his own; ,aud;he can make it, as. bloody as any recorded in history, or he can reserve, the privilege of acting upon the impulse of hispri- vate passions in each -ease that arises. He is bound by no rules of evidence; there .is indeed no provision by which he is .authorized .or re quired to take any evidence at all. Everything isa crime which he chooses to call so, and, all persons are condemed whom he pronounces to be guilty. He is not bound to keep. any record, or make any report, of his, proceedings. He may arrest his victims wherever he finds .them, with out warrant, accusation, or proof of probable cause. If he gives them a trial before he inflicts the y.unishment, he gives it ,of his grace and mercy, not because he ,is commanded so to do. To a casual reader of the bill, it might seem that some kind of trial was secured ,by it to per sons accused of crime; but suck is .not the case. The officer " may allow local civil tribunals to try offenders," but of course this does not require that he shall do so. If any State or Federal court presumes. to exercise its legal jurisdiction by the trial of a malefactor without his special permission, he can break it up, and punish the judges and jurors as being themselves malefac tors. He can save his friends from justice, arid despoil his enemies contrary to justice. It is also provided that " he shall -have power to organize military commissions or tribunals ;" but this power he is not commanded to, exercise. It is merely permissive, and is to be used only " when in his judgment it may be necessary for the trial of offenders." Even if the sentence of a commission were made a prerequisite to the punishment of a party, it would be scarcely the slightest check upon the officer, whohasiauthor- rity to organize it as he pleases, prescribe its mode of proceeding, appoint its members from among his own subordinates, and revise all its decisions. Instead of mitigating the harshness of his single rule, such a tribunal would be used much more probably to divide the responsibility .of making it more cruel and unjust. Several provisions, dictated by the humanity of Congress, have been inserted in the bill, ap parently to restrain the power of the command ing officer ; but it seems to me that they .are of no avail for that purpose. The fourth section (provides — First. That trials shall not be un necessarily delayed ; but I think I have shown ,that the power is .given to punish without trial, -and if so. this provision is practically inopera tive. Second. Cruel or unusual .punishment is not to be inflicted ; but who is to decide what is aruel and what is unusual? The words have acquired a legal meaning by long use in the courts. Can it be expected that military officers will understand or follow a rule expressed in language so purely technical, and not pertaining in the least degree to their profession ? If not, then each officer may define cruelty according to his own temper, and if it is not usual, he will rnake -it usual. Corporal punishment, imprison ment, the gag, the ball and chain, and the al most insupportable forms of torture invented for military punishment, .lie within the range of choice. Third. The sentence of a commission is not to be executed without being approved by the commander, if it affects life or liberty, and a sentence of death.mugt.be approved bythePr^s- ident This applies to cases in which there has beep a trial and sentence. I. take it to be clejar,. un.der .this (bill, .that ,the .military commancfer:' may condemn to death without even the formspf a trial by a. military .commission, so thatthelife- of the condemned may depend upon the williof two men instead of one. Jt is plain that the authority here given 4o the military officer amounts to absolute despot ism. But, to make it still more unendurable, the bill provides that it may be delegated' to *s many subordinates as he chooses to appoint; for it declares that he shall " punish or cause to ,be Eunished." Such a power has not been wielded; y any monarch in England for more than five hundred years. In all that time no people who speak the English language have borne such servitude. It reduces the whole populatipn ,of the :ten States — all persons, of every color, sex, and condition, and every stranger within their limits — to the most abject and degrading slavery. No master ever had a control so absolute over his slaves as this bill gives to the military offi cers over both white and colored persons. It may be answered to this that the officers of the Army are too magnanimous, just, and hu mane to oppress and trample upon a subjugated .people. I do not doubt that Army .officers are as well entitled to this kind of confidence as any other class of men. But the history of the world has been written in vain, if it does not teaches, that unrestrained authority can never be safely,, tr.UBted.in human hands. It is almost. sure to he more or less abused under any circumstances, and it has .always resulted .in gross tyranny . where the rulers who exercise it are strangers . to their subjects, and come among them as the . representatives of a distant power, and more especially when the power that sends them is un friendly. Governments closely resembling thaj. here proposed .have been fairly tried in Hiram gary and Poland, and the suffering endured by those people moused the sympathies of the entire world. It was tried in Ireland, and, though tempered at first ,by principles of English law, it, gave birth to cruelties so atrocious that they are never recounted without just indignation. \ The French Convention armed its deputies with this power, and sent fhem to the southern de partments of fthe republic. The massacres, mur ders, and other atrocities which they committed show what the passions of the ablest men in the most civilized sooiety will tempt them to do , when wholly unrestrained by law. The men of our race in every age have strug gled to tie up the hands of their Governments and keep them within the law, because their own experience of all mankind taught them that rulers could not be relied on to concede those rights which they were not legally bound to re spect. Lhe head of a great empire has some times governed it with a mild and paternal sway; ; but the kindness of an irresponsible depvty never yields what the law does not extort fo<)m him. ¦ Between such a master and the people subjected to his domination there can be nothing hut en mity ; he punishes them if they resist his author- " ity, and, if they submit to it, he hates them fo: their servility. PRESIDENT JOHNSON'S MESSAGES. m 1 come now to a question which is, if possible, still more important. Have we the power to establish and carry into execution a measure like this ? I answer, certainly not, if we derive our authority from the Constitution, and if we are bound by the limitations which it imposes. - This proposition is perfectly clear — that no 'branch of the Federal Government, executive, '^legislative, or judicial, can have any just pow- .ers except those which it derives through and exercises under the organic law of the Union Outside of the Constitution we have no legal au thority more than private citizens, and within it We have only so much as that instrument gives us. .This broad principle limits all our functions, and applies to all subjects. It protects not only the Citizens of States which are within the Union, 'but it shields every human being who comes or is brought under our jurisdiction. We have no fight to do in one place, more than in another, ;that which the Constitution says we shall not do jbtall. If, therefore, the southern States were in truth out of the Union, we could not treat their people in a way which the fundamental law Jorbids. Some persons assume that the, success of our arms in crushing the opposition which'was made in some of the States to the execution of the Federal laws reduced those States and all their rj'eople — the innocent as well as the guilty— =-to .the' condition Of vassalage, and gave us a power over them whinh, the Constitution does not be stow or define or limit. No fallacy can be more transparent than this. Our victories subjected "the insurgents to legal obedience, not to the yoke of an arbitrary despotism. When an absolute sovereign reduces his rebellious subjects, he may Seal with them according to his pleasure, because he had that power before. But when a limited monarch puts down an insurrection, he must still govern according to law. If an insurrec tion should take place in one of our States against the authority of the State government, and «nd in the overthrow of those who planned it, would that take away the rights of all the people of the connties where it was favored by a part or a majority of the population ? Could they, for such a reason, be wholly outlawed and ifeprived of their representation in the Legisla ture ? I have always contended that the Gov ernment of the United States was sovereign Within its constitutional sphere; that it exe cuted its laws, like the States themselves, by applying its coercive power directly to individ uals ; and that it could put down insurrection With the same effect as a State, and no other. The opposite doctrine is the worst heresy of those who advocated secession, and cannot be agreed to without admitting that heresy to be right. Invasion, insurrection, rebellion, and domes tic violence were anticipated when the Govern ment was Sramed, aird the means of repelling and suppressing them were wisely provided for in the Constitution ; but it was not thought neces sary to declare that the States in which they might occur should be expelled from the Union. Rebellions, which were invariably suppressed, occurred prior to that out of which these ques tions srow; but the States oontinued to exist and the Union remained unbroken. In Massa chusetts, in Pennsylvania, in Rhode Island, and in New York, at different periods in our history, violent, and armed opposition to the United States -Was carried on ; but the relations of those States with the Federal Government were not supposed to be interrupted or changed thereby, after the rebellious portions of their population were defeated and put down. It is true that in these earlier cases there was no formal expres sion of a determination to withdraw from the Union, but it is also true that in the southern States the ordinances of secession were treated by all the friends of the Union as mere nullities, and are now acknowledged to be so by the States themselves. If we admit that they had any force or validity, or that they did in fact take the States in which they were passed out of tho Union, we sweep from under our feet all the grounds upon which we stand in justifying the use of Federal force to maintain the integrity of the Government. This is a bill passed by Congress in time of peace. There is not in any one of the States brought under its operation either war or insur rection. The laws of the States and of the Fed eral Government are all in undisturbed and harmonious operation. The courts, State and Federal, are open, and in the full exercise of their proper authority. Over every State comprised in these five military districts life, liberty, and property are secured by State laws and Federal laws, and the national Constitution is every where in force and everywhere obeyed. What, then, is the ground on which this bill proceeds ? The title of the bill announces that it is intended " for the more efficient government " of these ten States. It is recited- by way of preamble that no legal State governments " nor adequate pro tection for life or property," exist in those States, and that peace and good order should be thus enforced. The first thing whioh arrests atten tion upon these recitals, which prepare the way for martial law, is this : that the only foundation upon which martial law can exist under our form of government is not stated or so much aa pretended. Actual war, foreign invasion, do mestic insurrection — .none of these appear ; and none of these in fact exist. It is not even recited that any sort of war or insurrection is threat ened. Let us [pause here -to consider, upon this question of constitutional law and the ,power of Congress, a recent decision of the Supreme Court of the United States in ex parte Milligan. I will first quote from the .opinion of the ma jority of the Court: "Martial law cannot arise from a threatened invasion. The necessity must be actual and present, ithe invasion real, such as effectually closes the courts and deposes the civil administration." We see that martial law comes in only when actual war closes the courts and deposes the civil authority ; but this bill, in time of peace, makes martial law operate as though we were in actual war, and become the cause, instead of the consequence of the abroga tion of civil authority. One more quotation: " It follows from what has been said on this sub ject that there are occasions when martial iaw can be properly applied. If, in foreign invasion or civil war, the courts are actually closed,, and 170 ^IITICAI, MANUAL. it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safety of the Army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course." I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase : " We by no means assert that Congress can es tablish and apply the laws of war where no war has been declared or exists. Where peace ex ists, the laws of peace must prevail.' This is sufficiently, explicit. Peace exists in all the ter ritory to which this bill applies. It asserts- a power in Congress, in time of peace, to set aside the laws of peace and to substitute the laws of war. The minority, concurring with the major ity, declares that Congress does not possess that power. Again, and, if possible, more emphatic ally, the Chief Justice, with remarkable clear ness and condensation, sums up the whole matter as follows : *' There are under the Constitution three kinds of military jurisdiction — one to be exercised both in peace aud war ; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within States or districts occupied by rebels treated as belligerents ; and a third to be exercised in time of inva sion or insurrection within the limits of the "United States, or during rebt-llion within the limits of the States main taining adhesion to the nalional Government, when the public danger requires its exercise. The first of these may be called jurisdiction under Military Law, and iB found iu acts of Congress prescribing rules and articles of war, or otherwise providing for the government of tho national forces ; the Becond may be distinguished as Military Gov ernment, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander, under tho direction of the President, with the express or implied sanction of Congress ; while the third may be de nominated Martial Law Proper, and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights." It will be observed that of the three kinds of military jurisdiction which can be exercised or created under our Constitution, there is but one that can prevail in time of peace, and that is the code of laws enacted by Congress for the govern ment of the national forces. That body of mil itary law has no application to the citizen, nor even to the citizen soldier enrolled in the militia in time of peace. But this bill is not a part of that sort of military law, for that applies only to the soldier, and not to the citizen, whilst, con trariwise, the military law provided by this bill applies only to the citizen and not to the sol dier. I need not say to the Representatives of the American people that their Constitution forbids the exercise of judicial power in any way but one ; that is, by the ordained and established courts. It is equally well known that in all criminal cases a trial by jury is made indispen sable by the express words of that instrument. I will not enlarge on the inestimable value of the right thus secured to every freeman, or speak of the danger to public liberty in >all parts of the country which must ensue from a denial »f it anywhere or upon any pretense. A very recent decision ol the Supreme Court has traced the history, vindicated the dignity, and made known the value of this great privilege so clearly that nothing more is needed. To what extent a violation of it might be excused in time of war or public danger may admit of discussion ; but we are providing now for a time of profound peace, where there is not an armed soldier within our borders except those who are in the service of the Government It is in such a condition of things that an act of Congress iB proposed which, if carried out, would deny a trial by the lawful courts and juries to nine millions of American citizens, and to their posterity for' an indefinite period. It seems to be scarcely possi ble that any one should seriously believe this consistent with a Constitution which declares, in simple, plain, and unambiguous language, that all persons shall have that right, and that no person Bhall ever in any case be deprived of it. The Constitution also forbids the arrest of the citizen without judicial warrant, founded on probable cause. This bill authorizes an arrest without warrant, at the pleasure of a military commander. The Constitution declares that " no person shall be held to answer for a capital or otherwise infamous crime unless .on present ment by a grand jury." This bill holds every person, not a soldier, answerable for all crimes and all charges without any presentment. The Constitution declares that "no person shall be deprived of life, liberty, or property without duo process of law." This bill sets aside all process of law, and makes the citizen answerable in his person and property to the will of one man, and as to his life to the will of two. Finally, tha Constitution declares that " the privilege of th* writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it;" whereas this bill declares martial law (which of itself suspends this great writ) in time of peace, and authorizes the military to make the arrest, and gives to the prisoner only one privilege, and that is a trial " without unnecessary delay." He has no hope of release from custody, except the hope, such as it is, of release by acquittal before a military commission. The United States are bound to guarantee to each State a republican form of government. Can it be pretended that this obligation is "ot palpably broken if we carry out a measure like this, which wipes away every vestige of repub lican government in ten States, and puts the life, property, liberty, and honor of all the people in each of them under the domination of a single person clothed with unlimited authority ? The Parliament of England, exercising the omnipotent power which it claimed, was accus tomed to pass bills of attainder ; that is to sayt it would convict men of treason and other crimes by legislative enactment. The person accused had a hearing, sometimes a patient and fair one; but generally party prejudice prevailed, instead of justice. It often became necessary for Parlia ment to acknowledge its error and reverse its own action. The fathers of our country determined that no such thing should occur here. They withheld the power from Congress, and thus for bade its exercise by that body ; and they proi PRESIDENT JOHNSON S SPEECHES. 171 vided in the Constitution that no State should pass any bill of attainder. It is, therefore, impos sible for any person in this country to be con stitutionally convicted or punished for any crime by a legislative proceeding of any sort. Never theless, here is a bill of attainder against nine millions of people at once. It is based upon an accusation so vague as to be scarcely intelligi ble, and found to be true upon no credible evi dence. Not one of the nine millions was heard in his own defense. The representatives of the doomed parties were excluded from all partici pation in the trial. The conviction is to be fol lowed by the most ignominious punishment ever inflicted on large masses of men. It disfran chises them by hundreds of thousands, and de grades them all, even those who are admitted to be guiltless, from the rank of freemen to the condition of slaves. The purpose and object of the bill, the general intent which pervades it from beginning to end, is to change the entire structure and character of the State governments, and to compel them by force to the adoption of organic laws and regulations which they are unwilling to accept if left to themselves. The negroes have not asked for the privilege of voting; the vast major ity of them have no idea what it means. This bill not only thrusts it into their hands, but compels them, as well as the whites, to use it in a par ticular way. If they do not form a Constitution with prescribed articles in it, and afterwards elect a Legislature which will act upon certain measures in a presoribed way, neither blackB nor whites can be relieved from the slavery which the bill imposes upon them. Without pausing here to consider the policy or impolicy of Afri canizing the southern part of our territory, I would simply ask the attention of Congress to that manifest, well-known, and universally ac knowledged rule of constitutional law which de clare? that the Federal Government has no juris diction, authority, or power to regulate such Subjects for any State. To force the right of ' suffrage out of the hands of the white people and into the hands of the negroes is an arbitrary vio lation of this principle. This bill imposes martial law at once, and its operations will begin bo soon as the general and his troops can be put in place. The dread alter native between its harsh rule and compliance with the terms of this measure is not suspended, nor are the people afforded any time for free de liberation. The bill says to them, take martial law first, then deliberate. And when they have done all that this measure requires them to do, other conditions and contingencies, over which they have no control, yet remain to be fulfilled before they can be relieved from martial law. Another Congress must first approve the consti tutions made in conformity with the will of this Congress, and must declare these States entitled to representation in both Houses. The whole question thus remains open and unsettled, and must again occupy the attention of Congress, and in the meantime the agitation which now prevails will continue to disturb all portions of the people. The bill also denies the legality of the gov ernments of ten of the States which participated in tho ratification of the amendment to the Federal Constitution abolishing slavery forever within the jurisdiction of the United States, and practically excludes them from the Union. If this assumption of the hill be correct, their con currence cannot be considered a3 having been legally given, and the important fact is made to appear that the consent of three-fourth-? of the States — the requisite number — has not been con stitutionally obtained to the ratification of that amendment, thus leaving the question of slavery where it stood before the amendment was offici ally declared to have become a part of the Con stitution. That the measure proposed by this bill does violate the Constitution in the particulars men tioned, and in many other ways which I forbear to enumerate, is too clear to admit of the least doubt. It only remains to consider whether the injunctions of that instrument ought to be obeyed or not. I think they ought to be obeyed, for reasons whioh I will proceed to give as briefly as possible. In the first place, it is the only system of free government which we can hope to have as a na tion. When it ceases to be the rule of our con duct, we may perhaps take our choice between complete anarchy, a consolidated despotism, and a total dissolution of the Union ; but national liberty, regulated by law will have passed be yond our reach. It is the best frame of government the world ever saw. No other is or can be so well adapted to the genius, habits, or wants of the American people. Combining the strength of a great empire with unspeakable blessings of local self- government, having a central power to defend the general interests, and recognizing the au thority of the States as the guardians of indus trial rights, it ia " the sheet-anchor of our safety abroad and our peace at home." It was ordained " to form a more perfect union, establish justice, insure domestic tranquillity, promote the general welfare, provide for the common defense, and secure the blessings of liberty to ourselves and to our posterity,' These great ends have been attained heretofore, and will be again, by faith ful obedience to it ; but they are certain to be lost if we treat with disregard its sacred obliga tions. It was to punish the gross crime of defying the ,Constitution, and to vindicate its supreme" au thority, that we carried on a bloody war of four years' duration. Shall we now acknowledge that we sacrificed a million of lives and expended billions of treasure to enforce a Constitution which is not worthy of respect and preservation ? Those who advocated the right of secession alleged in their own justification that we had no regard for law, and that their rights of property, life, and liberty would not be safe under the Constitution, as administered by us. If we now verify their assertion, we prove that they were in truth and in fact fighting for their liberty, and instead of branding their leaders with the dishonoring name of traitors against a righteous and legal Government, we elevate them in his tory to the rank of self-sacrificin r patriots, con secrate them to the admiration of the world, and pls.ce them by the side of Washington, Hamp- 172 POLITICAL MANUAL. den, and Sydney. No ; let us leave them to the infamy they deserve, punish them as they should be punished, according to law, and take upon ourselves no share of the odium which .they should bear alone. It is a part of' our public history, which can never be forgotten, that both Houses of Congress, in July, 1861, declared, in the form of asolemn resolution, that the war was and should be car ried on for- no purpose of subjugation, but solely to enforce the Constitution .and llaws,; and that when this was yielded by the parties in .rebel lion, the contest should cease, with the. constitu tional rights of the States and ,of individuals unimpaired. This .resolution was adopted .and .sent forth tothe world. unanimously by the Sen ate,* and with only two dissenting voices in the House. It was accepted by the friends of the Union in the South, as .well -as in the North, as expressing honestly and truly ithe object- of the war. On the faith of it, many thousands of persons in both sections gave their lives and their fortunes to the cause. To repudiate.it now by re fusing to the States and to- theindividuals within them the rights which theConstitution'andlaws of the Union would secure to them, is a -breach of our plighted honor for which Icanimagine :no exeuse, and to -which 1 cannot voluntarily become a party. The evils which Bpring from the unsettled istate of our Government will be acknowledged by all. Commercial intercourse is impeded, capi tal is in constantiperil, public securities fluctuate in value, peace itself is not secure, and the sense: of moral and political duty is impaired. To ;avert these calamities from our country, it is; imperatively required that we should immedi-' ately decide upon some course of administration which can be steadfastly adhered to. I am ;thoroughly GonvinGed ithat any settlement, or compromise, or plan of action which is incon sistent with the principles of the Constitution will not only be unavailing, but mischievous; that it will but multiply the present evils, in stead of removing them. Ths Constitution, in its whole integrity and vigor, throughout the .length and breadth of the land, is the hest of all compromises. Besides, our duty does not, in my judgment, leave us a choice between that and any other. I believe that it contains the remedy that is so much needed, and that if the co-ordinate branches of the Government would unite upon its provisions, they would be 'found hroad enough and 'Strong enough to -sustain in time of peace the -nation which they bore safely [through the ordeal of a protracted civil war. Among the most sacred guaranties of that in strument are those which declare :tha.t "each State shall have at least one Representative," and that " no State, without its consent, shall fie deprived of its equal suffrage in the Senate." Each House is made the "judge of .the elections, returns, and qualifications of its own members," and may, " with the concurrence of two-thirds, expel a member." Thus, as heretofore urged', " in the admission of -Senators and Representa tives from any and all of the States, there can "This is not quito accurate. There were five .negative votes in the Senate. (See -'onato Journal, IstSess. 30th Con gress, page 92.) be no just ground of apprehension ; that persons who are disloyal will be.clothedwith the powers of legislation; for this i could mot happen when the. Constitution and the laws are enforced iby a vigilantand faithful Congress." " When. a Scna- .tor or Representative -presents his certificate of election, he may at once be admitted or rejected ; or, should there iheany question as -to his eligi bility, hie credentials maylbe referred for investi- .gatian to thea member, that he.possesses .the .requisite. constitu tional, and legal ^qualifications. If .refused ad mission as a meniber for -want. of due allegiance to the Government,, and returned to his constitu- ents.ithey are admonished thatnone but persons loyal to the United States will be allowed a ¦voiGe in the .legislative councils of the nation, and the political power and moral influence of Congress ;are thus effectively exerted in the in terests of loyalty to the-Government and fidelity :fo the Union." .And is it not far better that toe work of restoration -should rbe accomplished by -simple. compliance with the .plain requirements of the Constitution, ithan by -a recourse to meas ures which in -effect destroy .the States, and threaten the subversion of the General Govern ment ? All that is necessary to settle this simple but important question, without further agita tion or delay, is a willingness on ,the part of all to sustain the Constitution and carry its pro visions into practical operation. If to-morrow either branch of > Congress would declare that, -upon the presentation df their credentials, mem- .bers constitutionally elected and loyal to thB General -Government would be admitted to seats in CongresB, while. all others would be excluded, and their places remain vacant until the selection by th,e;people df loyal and qualified persons ; and if, iat the same time, assurance were given that this, policy would be continued until allthe States were .represented in iCongress, it 'would send a thrill .of joy-throughout !the .entire land, as indi cating ,the inauguration of a. system which must speedily bring tranquillity to the public mind. While we are legislating upon subjects which are of great importance to the whole people, and which must affect all parts .of the country, not only during the life of ths present generation, but for ages to come, we should remember that all men are en titled, alt least to a. hearing in the councils which decide upon ithe destiny of them selves and their children. -At present ten States are denied representation, 'and when the Fortieth Congress assembles on the fourth day of ths present month, sixteen ^States will be without >& , voice in the House of Representatives. This . grave fact, with the important questions before us, should induce us to pause in the course of legislation which, looking solely to the attain ment of .political ends, fails to consider the rights it transgresses, the law which it violates, or the institutions which it imperils. AiTDBEW JOHNSOH. , Washington. MarOh 2, 18617. , ; The votes on this bill were as follow : In House. 1867, Febrnary 20— The bill passed finally,^ above — yeas 128, nays 46. as follow : PRESIDENT JOHNSON S MESSAGES. Teas — Messrs. Alley, Allison, Ames, Anderson, Arnell, Deles K. Ashley, James .11. Ashley, Baker, Baldwin. Banks, Barker, Baxter, Beaman, Benjamin, Bidwell,. Biugham,, Blaine, Blow, BautVvell, Brandegee, Bromwell, Broomall, Buckland, Bundy* Reader Wi Clarke, Sidney Clarke, Oobb, 'Jook, Cullom, , Darling, Davis, , Dawes,. Defrees, Delano, Deming, Dixon, Diid^e, Donnelly, Dumont, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Gariield, Grinnell, (iris- weld, Abner C. Harding, Hart, Hayes/ Henderson, Higby,, Hill, Holmes, Hooper,. Ilotehkiss, Chester D. liubbard, Demas Hubbard, jr., John IL Hubbard, Hulburd, Ingersoll,. Julian, Kasson.,, Kelley,. Kelso,, Ketcham,, Koontz, Lalliu, George V. Lawrence, William Lawrence,, Loan, , Longyear, Lynch, Marvin, Maynard, McClurg, Mclndoe, McKee, Mc- Uuer, Mercur, Miller, Moorhead, Morris, Moulton, Myers, (Jewell, O'Neill, Orth,.Poine* Patterson, Perham, Pike, )' ants, pomeroy, Price, Raymond, Alexander ILEice, John II. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Huan, Spal- ling, Starr, Stevens. Stokes, Thayer, Francis Thomas, John L. fhomas, jr., Trowbridge, , Upson, Van- Aernam, Burt Van (lorn, Robert T. Van-Horn, Hamilton Ward, AVarner, Henry D.Washburn, William. B. Washburn, Welker, Wentworth, Wfialey, Williams, James F. Wilson, .Stephen F. Wilson,. Windom, Woodbridge— 128. Nays — Messrs. Ancona, Bergen, Boyer, Campbell, Chanter, Cooper, Dawson, Denison, Eldridge. Finck, Glossbrenner, Goodyear, Aaron. Harding, Hawkins, Hise, Edwin N. Hob- Mi, James R. Hubbell, Humphrey, JHuvter, Ken; Kuyken- dalii LeBlond, Lrftwich, MarsliaU, McCullough, Niblack, Nici>ol ::<,it, Noell, Phelps, Radford, Samuel J. Randall, .Bit ter,. Rogers, Ross, Rousseau, Slianklin,. Sitgreaves, Strouse, Jlioer, Nathaniel G. Baylor, Nelson Taylor. Thornton, Tritn- ble,Andrew,H. Ward, Winfield, Wright— 46. Same day — TheSENATE passedthe bill — yeas 35; nays 7, as follow: Yeas — Messrs., Brown,. Cattell, Chandler, ConneeB, Cragiu, . Creswell, Edmunds, Fessenden, Fugg.Foster, Fowler, Fre- liDghuysen, Harris, Henderson, , Howard, l-Iowe, Johnson, Kirkwood, Lane. Morgan, Morrill. Fol-ind,' Pomeroy, Ram- ley, Ross, -Sherman, Stewart, Snmner; Trumbull, Van Win- No, Wado, Willey, VWUianis, Wilson.- Yates— 35. Nats— "Messrs. Buckalew, Cowan., Davis, Hendricks, Nes- nith, Patkrson, Saulsbury — 7. March 2 — The bill was vetoed: Same day— The- House- repassed- the bill^— yeas 138, nays 51, as follow : Yeas — Messrs.- Alley, Allison, 'Abies, Abdereon, Arnell, Delos K. Ashley^ James M. As ley, Baker, Baldwin; ramke,. Barker, Baxter, Beaman,, Benjamin, Bidwell, Bingham, B(aihe, B16w, Boutwell, Brandegee, Bromwell, B'oomall,' Buckland, Bundy, Reader W. Clarke, Sidney Clarice, Cobb, Conkling, Cook, < "nlk.m. Darling,: Davis, Dawes, . Defrees, Delano, Dealing, Dixon, Dodgje, Donnelly; Driggsf Dumout,. Eckley,- Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield;Grinnell, Griswold, Ab'ner C Hording-, TWirt, Hayes, Henderson, Higby, Hill, Holmes, Hooper,-Hotch'kiss^ Asahel W.Hubbard, CheBter D. Hubbard, Demas, Hnbbard, jr.,. John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Koonlz, Laflin, George Vw Lawrence; William Lawrence, Loan,. Lona>. year, Lynch, Marquette, ^Marston, .Marvin, Maynard. Mc Clurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moor head, Morrill, Morris, Moulton, Myers; Newell, O'Neill, Orth, Paine,. Patterson, Perham,, Pike, Plants, Pomeroy, Price, Raymond, Alexander H.Rico, John H.Uice,Rollins, Sawyer, Schenck, Scofield.'Bhellabarger, Sloan, Spalding, Starr, S:e- vetis,. Stokes. Thayerj FrawcisThomas,.J6liu L. Thomas, jr., Trowbridg(vUpsOB,i.Vun .Aernam^ -Burt Van llorn, Robert T. Van norn, .Hamilton. Ward,. Warner, IIcDry D. Washburn, WiHiam B. Washburn, Wellfor, Wentworth. Whaley, WiU hams,] James Fi WilBOn^Stephen- Fi Wilson', Windom, Wood- bridge, andSPEAK-ER Oouax— 138. Navs— Messrs. Ancona, Bergen, Boyer, Campbell, Chanter, Cooper, Dawson, Denison; Eldridge, Finck, . Gl'osshrcnnen, Cmdyear, Hale, Aaron, Harding;. Hirrti; Hawkins, Hise: Hoflam, Edwin-N. Hubbell, Humphrey, Hunter, Jt/nes. Kerr, Kuydendall, Latham, JLeMand, Leftwich, Marshall, McCul- lough.Niblack, Nichplson,- Noell, Phelps, Radford, Samuel J. Randall, Ritter, Rogers+Rass, Rousseau; Shanklin, Sitgreaves, Stillwell, Strouse, 2&ber, Nathaniel -Gi Taylor, Nelson. Taylor; Thornton, Trimble, Andrew H. Ward, Winfield, Wright— 51. Same day, — The -Seu ate re-passed it— yeas 38, nays 10, as follow:. Yeas— Messrs. Anthony, Cattell, Chandler, Conness. Crar gin1. Creswell, Edmunds: FSssenuen, Fdgg, Fbster, Fowler, Freliuglmysen, .Grimes,* Harris* Henderson, Howard, Howe, Johnson, Kirkwood,, Lane,. Morgan; Morrill, Nye, Poland, Pomeroy, Ramsey, Ross, Shorman, Sprague, Stewart, Sum ner, Trumbull, Van Winkle; Wade, Willey: Williams, Wil son, Yates— 88. Nair— Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle, Hendricks, Nesmith, Norton; Patterson, Saulsbury— -10. Whereupon the Peesident of the Senate der clared. the Dill to be a law. Veto of the Civil Tenure Bill, March 2, 1867. To the Senate of the United. States .- I have- carefully examined the bill " to regu late the tenure of certain civil offices." The material portion of the bilf is contained in the first section; and is ofthe effect following, namely: " That every person holding any civil office to which he has been appointed' by- and with the advice and' consent' of the Senate, and every per son, who shall hereafter be appointed to any such office and shall become duly qualified to act therein, is and' shall; be entitled to hold such office until asuccessorshall have been appointed by the President, with the advice and consent of the Senate, and'duly qualified ; and that the Secretaries of State, of- the Treasury, of War, of the Navy, and' of. the Interior, the Ppsttnaster, General, and- the Attorney General, sifall hold- their offices .respectively for and during the term' of the President by whom they may have been ' appointed^ and for one month thereafter, subject' to removal by and with the advice and consent ofthe Senate;" These provisions are qualified by a reservation in the fourth section, "that nothing contained in the bill shall be construedto extend the term of any office the duration of which is limited by law;" In effect the bill provides that the Presi dent shall not remove from1 their places any of theTcivil officers whose terms- of service are not limited:by law, without the advice and consent of the Senate of the United States. The bill in this respect-conflicts, in my judgment, with the- Constitution of the United States. The question, as Congress is well aware, is by no means a new one: That .the power of removal is constitution ally: vested in the President of the United States- is a, principle which has been not more distinctly deolared by judicial authority and judicial com mentators than it' has been uniformly practiced upon by the-- legislative and executive depart ments of the Government. The question arose: in the House of Representatives so early as the' 16th. of June, 1789, on the bill for establishing an executive -department denominated " The De partment of Foreign Affairs.'' The first, clause of- the bill, after1 recapitulating' the functions of' that officer and defining his duties,- had these; words: "to-be removable from office by the President'of the-Uhited States "' It was moved to strike ont these- 'Words,. and the motion was- sustained with great ability and vigor; It was insisted, that' the President could not constitu tionally exercise the power of removal exclu sively of the Senate; that the Federalist so in terpreted, the Constitution when arguing for its- adoption by the several States; that the Oonsti-- tntion had nowhere given the President, power of removal, either expressly or by strong impli cation, but, on the contrary, had distinctly pro vided for removals-from office by impeachment- only. A construction which denied the power of removal by;the President was further maintained by arguments drawn from the danger of the - 174 POLITICAL MANUAL. abuse of the power ; from the supposed tendency of an exposure of public officers to capricious removal to impair the efficiency of the civil ser vice ; from the alleged injustice and hardship of displacing incumbents dependent upon their offi cial stations, without sufficient consideration ; from a supposed want of responsibility on the part of the President; and from an imagined defect of guaranties against a viciouB President wBo might incline to abuse the power. On the other hand, an exclusive power of removal by the President was defended as a true exposition of the text of the Constitution. It was main tained that there are certain causes for which persons ought to be removed from office without- being guilty of treason, bribery, or malfeasance, and that the nature of things demands that it should be so. " Suppose," it was said, " a man becomes insane by the visitation of God, and is likely to ruin our affairs, are the hands of the Government to be confined from warding off the evil ? Suppose a person in office, not possessing the talents he was judged to have at the time of the appointment, is the error not to be corrected ? Suppose he acquires vicious habits and incurable indolence, or total neglect of the duties of his office, which shall work mischief to the public welfare, is there no way to arrest the threatened danger ? Suppose he becomes odious and unpop ular, by reason of the measures he pursues — and this he may do without committing any positive* offense against the law — must he preserve his office in despite of the popular will? Suppose him grasping for his own aggrandizement and the elevation of his connections by every means short of the treason defined by the Constitution, hurrying your affairs to the precipice of destruc tion, endangering your domestic tranquillity, plundering you of the means of defense, alien ating the affection of your allies, and promoting the spirit of discord ; must the tardy, tedious, desultory road by way of impeachment be trav elled to overtake the man who, barely confining himself within the letter of the law, is employed in drawing off the vital principle of the Govern ment? The nature of things, the great objects of society, the express objects of tho Constitution itself, require that this thing should be other wise. To unite the Senate with the President in the exercise of the power," it was said, " would involve us in the most- serious difficulty. Sup pose a discovery of any of those events should take place when the Senate is not in session, how is the remedy to be applied ? The evil could be avoided in no other way than by the Senate sit ting always." In regard to the danger of the power being abused if exercised by one man, it was said " that the danger is as great with respect to the Senate, who are assembled from various parts of the continent, with different impressions and opinions ;" " that such a body is more likely to misuse the power of removal than the man whom the united voice of America calls to the presidential chair. As the nature of government requires the power of removal," it was maintained " that it should be exercised in this way by the hand capable of exerting it self with effect ; and the power must be con ferred on the President by the Constitution, as the executive officer of the Government." Mr. Madison, whose adverse opinion in the Federalist had been relied upon t>y those who denied the exclusive power, now participatedin the debate. He declared that he had reviewed his former opinions, and he summed up the whole case as follows : "The Constitution affirms that the executive power is vested in the President. Are there exceptions to this prop^ osition? Yes, there are. The Constitution says that in appointing to office the Senate shall be associated with the President, unless in the case of inferior officers, when the law shall otherwise direct. Have we (that is, Congrossja right to extend this exception ? I believe not. If the Con* Btitution has invested all executive power in the President,' I venture to assert that the legislature has no right to di minish or modify his executive authority. The question now resolves itself into this: Is the power of displacing an executive power ? I conceive that if any power whatsoever is in tho Executive it is the power of appointing, overseeing, and controlling those who execute the laws. If the Consti tution had not qualified the power of the President in ap pointing to office by associating the Senate with him in that business, would it not be clear that he would have the right;, by virtue of his executive power, to make such appoint ment? Should we be authorized, in defiance of thai clause in the Constitution — * The executive power shall be vested- in the President' — to unite the Senate -with the President in the appointment to office? I conceive not. If it is admitted that we should not be authorized to do this, I think it may be disputed whether we have a right to associate them iii1 removing persons from office, the one power being as much' ' of an executive nature as the' other ; and the first one is authorized by being excepted out of the general rule estab lished by the Constitution in these words: *The executive power shall be vested in the President.' " The question thus ably and exhaustively ar-: gued was decided by the House of Eepresenta- tives, by a vote of thirty-four to twenty, in favor of the principle that the executive power of re-, moval is vested by the Constitution in the Exec-> utive, and in the Senate by the casting vote of the Vice President. The question has often been raised in subse? quent times of high excitement, and the practice- of the Government has nevertheless conformed in all cases to the decision thus early made. ; The question was revived during the adminis-. tration of President Jackson, Who made, as is well recollected, a very large number of remov als, which were made an occasion of close and rigorous scrutiny and remonstrance. The sub ject was long and earnestly debated in the Sen ate, and the early construction of the Constitu tion was nevertheless freely accepted as binding. and conclusive upon Congress. ' ¦< The question came before the Supreme Court of the United States in January, 1839, exparte. Sennen. It was declared by the Court on that occasion, (.hat the power of removal from office was a subject much disputed, and upon which a great diversity of opinion was entertained in the". early history of the Government. This related, however, to the power of the President to remove officers appointed with the concurrence of the, Senate ; and the great question was whether the removal was to be by the President alone, or with the concurrence of the Senate, both con stituting the appointing power. No one denied the power of the President and Senate jointly to remove where the tenure of the office was not fixed by the Constitution, which was a full recog nition of the principle that the power of removal was incident to the power of appointment ; but it was very early adopted as a practical con struction of the Constitution, that this powei. was vested in the President alora ; "and su«h would appear to have been the legislative con-j president Johnson's messages. 175 wtv-uction of the Constitution, for in the organi- .ation of the three great Departments of State, War, and Treasury, in the year 1789, provision Was made for the appointment of a subordinate officer by the head ot the Departmen t, who should have charge of the records, books, and papers appertaining to the office when the head of the Department should be removed from office by the President of the United States. When the Navy Department was established, in the year 1798, provision was made for the charge and custody of the books, records, and documents of the De partment in case of vacancy in the office of Sec retary by removal or otherwise. It is not here said "by removal of the President," as is done with respect to the heads of the other Depart ments, yet there can be no doubt that he holds his office with the same tenure as the other Sec retaries, and is removable by the President. The change of phraseology arose, probably, from its having become the settled and well-understood construction of the Constitution that the power of removal was vested in, the President alone in Buch cases, although the appointment of the of ficer is by the President and Senate. (13 Peters, page 139.) Our most distinguished and accepted commen tators upon the Constitution concur in the con struction thus early given by Congress, and thus sanctioned by the Supreme Court. After a full analysis of the congressional debate to which I have referred, Mr. Justice Story comes to this conclusion: "After a most animated discussion, the vote finally taken in the House of Repre sentatives was affirmative of the power of re moval in the President, without any co-operation of the Senate, by the vote of thirty-four mem bers against twenty. In the Senate, the clause in the bill affirming the power was carried by the casting vote of the Vice President. That the final decision of this question so made was greatly influenced by the exalted character of Sie President then in office, was asserted at the time, and has always been believed, yet the doc trine was opposed as well as supported by the highest talents and patriotism of the country. The public have acquiesced in this decision, and it constitutes, perhaps, the most extraordinary sase in the history ofthe Government of a power conferred by implication on the Executive by the assent of a bare majority of Congress, which has not been questioned on many other occa sions." The commentator adds: "Nor is this general acquiescence and silence without a satis factory explanation." Chancellor Kent's remarks on the subject are as follows : " On the first organization of the Government it was made a-question whether the power of removal in case of officers appointed to hold at pleasure resided nowhere but in the body which appointed, and, of course, whether the consent of the Senate was not requisite to remove. This was tho construction given to the Constitution while it was pending for ratification before the State conventions, by the author of the federalist. But the construction which was given to the Constitution by Congress, after great consideration and_ discussion, was different. The words of the act (estab lishing the Treasury Department) are: 'And whenever the same shall be removed from office by the President of the United States, or in any other case of vacancy in tho office, the assistant shall act.' This amounted to a legislative con struction of the Constitution, and it has ever since been acquiesced in and acted upon as a decisive authority iu the case. It applies equally to every othei officer of the Gov eminent appointed by the President, whose term of dura tion is notspecially declared. It iB supported by the weighty reason that the subordinate officers in the executive depart ment ought to hold at the pleasure of the head of the do- partment, because he is invested generally with tlie execu tive authority, and the participation in that mithority by the Senate was an exception to a general principle and ought to be taken strictly. The President is the great responsible officer for the faithful execution of the law, and the power of removal was incidental to that duty, and might often be requisite to fulfill it." Thus has the important question presented b,y this bill been settled, in the language of the late Daniel Webster, (who, while dissenting from it, admitted that it was settled,) by construction, settled by precedent, settled by the practice of the Government, and settled by statute. The events of the last war furnished a practical con firmation of the wisdom of the Constitution as it has hitherto been maintained, in many of its parte, including that which is now the "subject of consideration. When the war broke out, rebel enemies, traitors, abettors, and sympathizers, were found in every Department of the Govern ment, as well in the civil service as in the land and naval military service. They were found in Congress and among the keepers of the Capi tol ; in foreign missions ; in each and all of the executive Departments; in the judicial service ; in the post office, and among the agents for con ducting Indian affairs. Upon probable suspicion they were promptly displaced by my predeces sor, so far as they held their offices under exec utive authority, and their1 duties were confided to new and loyal successors. No complaints against that power or doubts of its wisdom were entertained in any quarter. I sincerely trust and believe that no such civil war is likely to occur again. I cannot doubt, however, that in whatever form, and on whatever occasion, sedi tion can raise an effort to hinder, or embarrass, or defeat, the legitimate action of this Govern ment, whether by preventing the collection of .revenue, or disturbing the public peace, or sep arating the States, or Defraying the country to a foreign enemy, the power of removal from office by the Executive, as it has heretofore existed and been practiced, will be found indispensable. Under these circumstances, as a depository of the executive authority of the nation, I do not feel at liberty to units with Congress in revers ing it by giving my approval to the bill. At the early, day when this question was settled, and, indeed, at the several periods when it has subsequently, been agitated, the success of the Constitution of the United States, as a new and peculiar system of free representative govern ment, was held doubtful in other countries, and was even a subject of patriotic apprehension among the American people themselves. Atrial of nearly eighty years, through the vicissitudes of foreign conflicts and of civil war, is con fidently regarded as having extinguished all such doubts and apprehensions for the future. During that eighty years the people of the United States have enjoyed a measure of security, peace, prosperity, and' happiness never surpassed by any nation. It cannot be doubted that the triumphant suc cess of the Constitution is due to the wonderful wisdom with which the functions of government were distributed between the three principal De partments — the legislative, the executive, and the judicial— and to the fidelity with which each 176 POLITICAL MANUAL. has confined itself or been confined by the gen eral voice of the nation within- its peculiar and proper sphere: While a just, proper, and watch ful jealousy of executive power constantly pre vails as it ought ever to prevail, yet it is equally true that an efficient Executive, capable, in the language of the oath prescribed to the President, of executing the law»,.andj within the sphere of executive action, of preserving, protecting, and defending the Constitution- of the United States, is an indispensable security for tranquility at home, and peace, honor, and safety abroad. Governments have been erected in many coun tries upon our model. If one or many of them have thus far failed in fully securing to their people the benefits which we 'have derived from our system, it may b'e confidently asserted that theirmisfortune has resulted from their Unfortu nate failure to maintain the integrity of each of the three great departments while preserving harmony among them all. Having at an early period accepted the Con stitution in regard to the executive office in the sense in which it was ' interpreted with the con currence of its founders; I have found no-sufficient grounds in the arguments. now opposed to that construction or in any assumed necessity of the times for changing, those opinions. Eor- these reasons I return the. bill to the Senate, in which house it originated, fon the further consideration of Congress which the Constitution prescribes. Insomuch as the several parts of the bill which I have not considered are matters chiefly of- de tail, and are based- altogether upon the theory of the Constitution from whiehi I am obliged to dissent, I have not' thought . it necessary to ex amine them with a view to make them an occa sion of distinct and 'special objections. Experience, I think; has shown, that it is the easiest, as it is also the most Attractive of studies to frame constitutions for1 the- self-government of free States and nations. But I think experi-. enee has equally shown that it is%1. Copy of the Bill Vetoed. ks Act regulating the' 'tenure of certain civil Be it enacted by the Senate and Souse of Rep resentatives of the United States of America in Gdngress assembled, That every person holding any civil office to which he has been appointed by and with the adviee and consent of the Sen nit* and every person who shall hereafter be1 ap pointed to any Buch office, and shall become duly qualified to act therein, is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly quali fied, except as herein otherwise provided: Pro vided, That the Secretaries of State,, of the Treasury, of' War, of the Navy, and of the In terior, the Postmaster General, and the Attorney General shall' hold their offices- respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during the recess of tho Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally disqualified to perform its duties, in such cases and in no other, the President may suspend such officer, and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate.-and until the case shall be acted Upon by the Senate; and such person, so designated, shall take the oaths and give the bonds required by law to betaken and given by the person duly appointed to fill such office ; and in such case it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension, with the evidence and reasons for his action in the case and the name of the person so designated to per. form the duties of such office. And if the Senate shall concur in such suspension, and advise and consenttb the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the adviee and consent of the Senate, appoint another per son to such office. But if the-Senate shall refuse to concur in such suspensibn, such officer so sua' pended shall forthwith' resume the fu nctions;of his office, and'the powers of the person so per forming its duties - in his- stead' shall r.ease,, and the official salary and emoluments of sich officer shall, during such suspension, belong to the per- son so performing the'duties thereof, and not'to the officer bo suspended: Provided, hov.-ever. That the President, in case' he shall become satisfied that such suspension was made on insufficiefft grounds, shall be authorized; at any time before reporting sttcb suspension to theSenate as above provided, to revoke such ¦ suspension and rein* state such officer in the performance of the duties of his office. Seo. 3., That the President' shall have power to fill all vacancies which may happen during the recess of the Senate, ,by reason of death or resignation; by- granting commissions which shall expire at the end of' their next session there after. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate-; such office shall remain in abeyance without any salary, fees, or emoluments attached thereto; until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate ; and during such time all the powea PEESIDENT JOHNSON'S MESSAGES. 177 and duties belonging to sueh office shall be exer cised by such other officer as may by law exer cise such powers and duties in case of a vacancy in such office 'Sec. 4. That nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law. Sec. 5. That if any person shall, contrary to the provisions of this act, accept any appoinment to or employment in any office, or shall hold or exercise, or attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misde meanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not ex ceeding ten thousand dollars, or by imprison ment not exceeding five years, or both said pun ishments, in the discretion of the court. Seo. 6. That every removal, appointment, or employment made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in re spect to any such appointment or employment, shall be deemed, and are hereby declared to be, high misdemeanors, and, upon trial and convic tion thereof, every person guilty thereof shall be §unished by a fine not exceeding ten thousand ollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court : Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate,, commissions for all officers whose appointment shall have been ad- •ised and consented to by the Senate. Seo. 7. That it shall be the duty of the Secre- ^.wy of the Senate, at the close of. each session tucreof, to deliver to the Secretary of the Treas ury, and to each of his assistants, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treasurer, and to the Register of the Treasury, a full and complete list, duly certified, of all persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. Seo. 8. That whenever the President Bhall, without the advice and consent of the Senate, designate, authorize, or employ any person to perform the duties of any office, he shall forth with notify the Secretary of the Treasury thereof, and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing offi cers of his Department. Sec. 9. That no money shall be paid or re ceived from the Treasury, or' paid or received from or retained out of any public moneys or funds of the United States, whether in the Treas ury or not, to or by or for the benefit of any per son appointed to or authorized to act in or hold ing or exercising the duties or functions of any office contrary to the provisions of this act ; nor shall any claim, account, voucher, order, certifi cate, warrant, or other instrument providing for or relating to such payment, receipt, or reten tion, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions ' ¦ 12 or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof ; aad every per son who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, -and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprison ment not exceeding ten years, or both said pun ishments, in the discretion of the court. The votes. on this bill were: February 18 — The Senate passed it, as agreed upon by a committee of conference— yeas 22, nays 10, as follow : Yeas — MeBBi-s. Anthony, Brown, Chandler, Conness, Fogg, Fowler, Henderson, Howard, Howe, Lane, Morgan, Morrill, Ramsey, Ross, Sherman, Stewart, Sumner, Trumbull, Wade, Williams, Wilson, Yates— 22. Nays — Messrs. Buckalew, Davis, Dixon, Doolittle, Hen dricks, Johnson, McDougaU, Patterson, Van Winkle, Willey —10. February 19 — The House passed it — yeas 112, nays 41, as follow: Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, Bidwell, Blaine. Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, Deming, Dodge, Donnelly, Driggs, Dumont, Eggleston, Eliot, Farns worth, Farquhar, Ferry, Grinnell, Anner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkfus, Demas Hubbard, jr.. John H. Hubbard, Hulburd, Ingersoll, Julian, Kasson, Kelley, Kelso, Ketcham, Knontz, Kuyken dall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marvin, Maynard, Mclndoe, McKee, Mc Ruer, Mercur, Miller, Myers, Newell, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H Kandall, Raymond, Alexander H. Rice, John H. Kice, Rollins, Saw yer, Schenck, Scofield, shellabarger, Sloan, Spalding, Starr, Stevens, Sti.kes, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge — 112. Nays — MessrB. Ancona, Bergen, Boyer, Campbell, Clianler, Cooper, Dawson, Denison, Eldridge, Finck, Glossbrenner, Aaron Harding, Harris, Hawkins, Hise, Humphrey, Hunter, Kerr, Latham, Le Blond, Leftwich, McCullough, Niblack, Nicholson, Radford, Samuel J. Randall, Ritter, Rogers, Roes, Roueseau, Shanklin, Sitgreaves, Stillwell, Taber, Na thaniel G. Taylor, Nelson Taylor, Thornton, Trimblr, Andrew. H. Ward, Whaley, Wright— 41. March 2 — The bill was vetoed. Same day — The Sehate re-passed it — yeas 35, nays 11, as follow : Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra gin, Edmunds, Fessenden, Fogg, Foster, Fowler, Freling- huysen, GrimeB, Harris, Henderson, Howard, Kirkwood, Lane, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 35. Nays — Messrs. Buckalew, Cowan, Davis. Dixon, Doolittle, Hendricks, Johnson, Nesmith, Norton, Patterson, Saulsbury —11. Same day — The House re-passed it — yeas 138, nays 40, as follow : Yeas — MesBrs. Alley, Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley ,_ Baker, Baldwin, Banks, Barker, Baxter, Reaman, Benjamin, Bidwell,, Bingham, Blaine, Blow, Boutwell, Brundegee, Cromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, DefreeB, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, EggleBton, Eliot, Farnsworth, Farquhsu-, Kerry, (Jar- field, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hnbbard, John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketch.im, Koontz, Laflin, George V Lawrence, William Lawrence, Loan, Longyear, Lynch, Marquette, Marston, Marvin, Maynard. McClurg, Mclndoe, McKee, McRuer, Mercur, Miller, Moorhead, Mor rill,. Morris, Moulton, Myers, Newell, O'Neill,- Orth,, Paine, 178 POLITICAL MANUAL. Patterson, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stokes,Thayer, ErauciB Thomas, Trbwbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Warner. Henry D. Washburn, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F.Wilson, Windom, Woodbridge, and Speaker 'Colfax-^138. .NAYS-^-Messrs. Ancona, Bergen., Boyer, Campbell, CfianUr, Cooper. Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, Hise, Hogan, Edwin N. Hubbell, Humphrey, Hunter, Janes, Latham, Le Blond, Leftwich, Marshall, McCui- lough, Niblack, Nicholson, Radford, Samuel J. Randall, Rit ter, Rogers, Ross, Slianklin, Sitgreaves, Strouse, Taber, Nelson Taylor, Tliomton, Trimble, Andrew H. Ward, Winfield, Wright— 40. "Whereupon the Speaker of the House declared the bill to be a law. Kessage Accompanying the Approval of the Army Appropriation Bill, March 2, 18S7. To the Souse of Representatives: The act entitled "An act making appropria tions for the support of the Army tor the year ending June 30, 1868, and for other purposes," contains provisions to which I must call atten tion. These provisions are -contained in the second section, which in certain cases virtually deprives the President of his constitutional functions as Commander-in-Chief of the Army, a,nd in the sixth section, which denies to ten States of the Union their constitutional right to protect them selves, in any emergency, by means of their own militia. These provisions are out of place in an appropriation act. I am compelled to defeat these necessary appropriations if I withhold my signature' from' the act. Pressed by these con siderations, I feel constrained to return the bill with my signature, but to accompany it with my protest against the sections which I have indicated. Andrew Johnson. Washington, March 2, 1867. The sections complained of are these . Seo. 2. That the headquarters of theGeneral of the Army of the United States shall be at the city of Washington; and all orders and instruc tions relating to military operations, issued by the President or Secretary of War, shall be issued through the General of the irmy, and, in case of his inability, through the jext in rank. The General of the Army shall not be removed, sus pended, or relieved from command, or assigned to duty elsewhere than at Baid headquarters, except at his own request, without the previous approval of the Senate; and any orders or in structions relating to military operations issued contrary to the requirements of this section shall be null and void ; and any officer who shall issue orders or instructions contrary to the pro visions of this section shall be deemed guilty of a misdemeanor in office; and any officer of the Army who shall transmit, convey, or obey any orders or instructions so issued, contrary to the provisions of this section, knowing that such orders were so issued, shall be liable to impris onment for not less than two nor more than twenty years, upon conviction thereof in any Court of competent jurisdiction. Seo. 6. That all militia forces now organized or in service in eitberof theStatesbf Virginia, North Carolina, Sauth'Caroliaa,?©eorgia; Florida, Ala bama, Louisiana, Mississippi, and Texas, be forth with disbanded , and that the further organization, arming, or calling into service of the said militia forces, or any part thereof, is hereby prohibited underUhy circumstances whatever, until the same shall be. authorized by Congress. In House. Pending this bill, February 20 — Mr. Bingham moved to strike out from the second section the words in the second sentence, prohibiting the removal, suspen sion, Ac, of the General without the previous approval of the -Senate; which was disagreed to — yeas 62, nays 69, as follow : Yeas — Messrs. Ancona, Bergen, Bingham, Buckland, Camp. bell, Cooper, Darling, Davis, Dawes, Dawson, Denison, Eld ridge, Farquhar, Finck, Glossbrenner, Goodyear, Aaron Harding, Hawkins, Hise, Hogan, Edwin N. Hubbell, James R. Hubbell, Humphrey, Hunter, Ketcham, Kuykendall. Laflin, George V. Lawrence, Le Blond, Leftwich, Loan, Marshall, Marvin, McCullough,. McRuer, Moorhead, Niblack, Niclutlson, Noell, Phelps, Pike, Pomeroy, Radford, SamueTj. Raridall,~Ra.ymond, Ritter, Rogers, Ross, Rousseau, Schenck, Shanklin, Sitgreaves, Taber, N'fOfnM 67. Taylor, Thayjar, Thornton, Trimble, Andrew H. Ward, William B. Wash burn, Whaley, Winfield, Wright— 62. "Nays — Messrs. Alley, Alliebn, Ames, Arnell, James M. Ash ley, Baker, Baldwin, Barker, Beaman, Benjamin, Bidwell, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke. Sidney Clarke, Cullom, Dodge, Don nelly; Eggleston, Eliot, Abner C. Harding, Hart, Henderson, Higby, Hill, Holmes, Hooper, Ilotehkiss, Demas Hubbard, jr., John H. Hubbard, Hulburd, Ingersoll, Julian, Kelley, Koontz, William Lawrence, Longyear, Maynard, McClurg, Mercur, Miller, Moulton, Myers, O'Neill, Orth, Paine, Per ham, Price, Rollins, Scofield, Shellabarger. Spalding, Starr, Stevens, Stokes, Upson, Hamilton Ward, Warner, Henry I). Washburn, Welker, Wentworth, Williams, Stephen F. Wil son, Winiiom — 89. Same day — Mr. LeBlond moved to strikeout the Becond section ; which was disagreed' to— yeas 41, nays 88, as follow : Yeas — Messrs. Ancona, Bergen, Bingham, Campbell, Coop er, Davis, Dawson, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, Hise, Hogan, Humphrey. Hun ter, Kuykendall, LeBlond, Leftwich, Loan. Marshall, Marvin, Mblack, Nicholson, Noell, Phelps, Radford, Samuel J. Ran doll, Raymond, Ritter, Rousseau, Sitgreaves, Nathaniel 67. Taylor, Nelson Taylor, Tliomton, Trimble, Andrew H. Ward Whaley, Winfield, Wi-ight.-^tl. Nays — Messrs. Alley, Allison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Baker, Barker, Baxter, Beaman, Benjamin, Bidwell, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cook, William A. Darling, Dodge, Donnelly.Eggleston, Eliot, Farns worth, Farquhar, Abner C. Harding, Hart, Henderson, Hig by, Hill, Holmes, Booper, Hotchkiss, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Ingersoll, Julian, Kelley, Kelso, Koontz, Laflin, George V. Lawrence, Wil liam Lawrence, Longyear, Lynch, Marston, Maynard, Mc Clurg, Mclndoe, McKuer. Mercur, Miller, Moorhead, Moul ton, Myers, Newell, O'N'eill,, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, John H. Rice, Rollins, Sco field, Shellabarger, Sloan, Spalding, Starr, Stevens, Stokss, John L.Thomas, jr., Trowbridge, Upson, Burt Van Horn, Hnmiltou Ward, Warner, Welker, Wentworth, Williams, Windom — 88. February 26 — In Senate, a motion to strike out the second section was lost — yeas 8, nays 28, as follow : Yeas — Messrs. Buckalew, Dixon, Doolittle, Henderson, Hendricks, Johnson, Norton, Patterson — 8. Nays— Messrs. Anthony, Chandler, Conness, Cragin, Cf*» well, Edmunds, Fessenden, Fogg, Foster, ErelinghuMen, Kirkwood, Morgan, Nye, Poland, Pomeroy, Ramsey, , Ron, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Win kle, Wade, Willey, Williams, Wilson, Yates— 28. Veto of the Supplemental Reconstruction Bill March 23, 1867. To the Souse of Representatives: I have considered the bill' entitled "An 'act supplementary to an act entitled 'An act to pro- PRESIDENT JOHNSON S MESSAGES. 179 vide for the more efficient government of the rebel States,' passed March 2, 1807, and' to facil itate restoration," and now return it to the House -yf Representatives, with my objections.* '- ' 'This bill provides for elections in the ten States brought under the operation of the original act to which it is supplementary. Its details are principally directed to the elections for the for mation ot the State constitutions, but by the sixth section of the bill " all elections " in these States occurring while the original act remains in force are brought within its purview. Re ferringto the details, it will be found that, first of all, there is to be a registration of the voters. No one whose name has not been admitted on the list is to be allowed to vote at any of these elections. To ascertain who is entitled to regis tration, reference is made necessary, by the ex press language of the supplement, to the origi nal act and to the pending bill. The fifth sec tion of the original act provides-,'' as to voters, that they shall be ''male citizens of the State, twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident of said State for one year." This is the general qualification, followed, however, by many exceptions. No one can be registered, according td the original act, " who may be dis franchised for participation in the rebellion," a provision which left undetermined the question as to what amounted to disfranchisement, and •whether, without a judicial sentence, the ,act itself produced that effect.- This supplemental bill superadds an oath, to be taken oy every person Defore his name can be admitted upon the registration, that he has "not been disfran chised for participation in any rebel-lion or civil war against the United States." It thus imposes upon every person tne necessity and responsi bility of deciding for himself, under the peril of punishment by a military commission, if he makes a mistake, what works disfranchisement by participation in rebellion, and what amounts to such participation. Almost every man — the negro as well as the white — above twenty-one years of age, who was resident in these ten States, during the rebellion, voluntarily or in voluntarily, at some time and in some way, did participate in resistance to the lawful authority of the General Government. The question with the citizen to whom this oath is to be proposed must be a fearful one ; for while the bill does not declare that perjury may be assigned for such false swearing, norfix any penalty for the offense, we must not forget that martial law prevails ; that every person is answerable to a military commission, without previous present ment by a grand jury for any charge that may be made against him ; and that the supreme au thority of the military commander determines the question as to whatis an offense, and what is to De the measure of punishment. The fourth section of the bill provides " that the commanding general of each district shall ap point as many boards of registration as may be •necessary, corsisting Of three loyal officers or persons." Thi only qualification stated for these officers is that .they must be " loyal." They may be persons in. the military service or civilians, * For cop) >f the bill vetoed, He chap, xviii. residents of the State or strangers. Yet these persons are to exercise most important duties, and are vested with unlimited discretion. They are to decide what names shall be placed upon the register, and from their decision there is to be no appeal. They are to superintend the elections, and to decide all questions which may arise. They are to have the custody of the ballots, and to make returns of the perso'ns elected. What ever frauds or errors they may commit must pass without redress. All that is left for the .com manding general is to receive the returns of the elections, open the same, and ascertain who are chosen "according to the returns of the officers who conducted said eleetions." By such means, and with this sort of agency, are the conven tions of delegates to be constituted. As the delegates are to speak for the people, common justice would seem to require that they should have authority from the people them selves. No convention so constituted will in any sense represent the wishes of the inhabitants of these States; for, under the all-embracing ^exceptions of these laws, by a construction which the uncertainty of the clause as to disfranchise ment leaves open to the board of officers, ihe great body of the people may be excluded from the polls, and from all opportunity of expressing their own wishes, or voting for delegates who will faithfully reflect their Bentiments. I do not deem it necessary further to investi gate the details of this bill. No consideration could induce me to give my approval to such an election law for any purpose, and especially for the great purpose of framing the constitution of a State. If ever the American citizen should be left to the free exercise of his own judgment, it, is when he is engaged in the work of forming the fundamental law under which lie is to live. That work is his work, and it cannot properly be taken out of his hands. All this legislation proceeds upon the contrary assumption that the people of each of these States shall have no con stitution, except such as may be arbitrarily dic tated by Congress and formed under the re straint of military rule. A plain statement of facts makes this evident. In all these States there are existing consti tutions, formed in the accustomed way by the people. Congress, however, declares that these constitutions are not "loyal and republican," and requires the people to form them anew. What then, in the opinion of Congress, is neces sary to make the constitution of a State ", loyal and republican ? " The original act answers the question. It is universal negro suffrage— a ques tion which the Federal Constitution leaves to the States themselves. All this legislative ma chinery of martial law, military coercion, and political disfranchisement is avowedly for that purpose, and none other. The existing consti tutions of the ten States conform to the acknowl edged standards of loyalty and republicanism. Indeed, if there are degrees in republican forms of government, their constitutions are more re publican now than -when these States — four of ¦which were members of the original thirteen — ..first became members of the Union. / Congress does not now demand that a single provision of their constitutions be changed, ex- 180 POLITICAL MANUAL. cept such as confine suffrage to the white popu lation. It is apparent, therefore, that these provisions do not conform to the standard of republicanism which Congress seeks to establish. That there may be no mistake, it is only neces sary that reference should be made to the original act, which declares " such constitution shall pro vide that the elective franchise shall be enjoyed by all such persons as have the qualifications .herein stated for electors of delegates." What class of peisons is here meant clearly appears in the same section. That is to say, '• the male citizens of said State, twenty-one years old and upward, of whatever race, color, or previous con dition, who have been resident in said State for one year previous to the day of such election." Without these provisions no constitution which can be framed in any one of the ten States will be of any avail with Congress. This, then, is the test of what the constitution of a State of this Union must contain to make it republican. Measured by such a, standard, how few of the States now composing the Union have republican constitutions! If, in the exercise of the consti tutional guaranty that Congress shall secure to every State a republican form of government, universal suffrage for blacks as' well as whites is a sine qua non, the work of reconstruction may as well begin in Ohio as in Virginia, in Pennsyl vania as in North Carolina. When I contemplate the millions of our fellow- citizens of the South, with no alternative left but to impose upon themselves this fearful and untried experiment of complete negro enfranchisement, and white disfranchisement it may be almost as complete, or submit indefinitely to the rigor of martial law, without a single attribute of free men, deprived of all the sacred guaranties of our Federal Constitution, and threatened with even worse wrongs* if any worse are possible, it seems to me their condition is the most deplorable to which any people can be reduced. It is true that they have been engaged in rebellion, and that, their object being a separation of the States and a dissolution of the Union, there was an obligation resting upon every loyal citizen to treat them as enemies, and to wage war against their cause. Inflexibly opposed to any movement imperil ing the integrity of the Government, I did not hesitate to urge the adoption of all measures necessary for the suppression of the'insurrection. After a long and terrible struggle, the efforts of the Government were triumphantly successful, and the people of the South, submitting to the stern arbitrament, yielded forever the issues of the contest Hostilities terminated soon after it became my duty to assume the responsibilities of the Chief Executive officer of the Republic, and I at once endeavored to repress and control the passions which our civil strife had engen dered, and no longer regarding these erring mil lions as enemies, again -acknowledged them as our friends and our countrymen. The war had accomplished its objects. The nation was saved, and that seminal principle of mischief which, from the birth of the Government, had gradually but inevitably brought on the rebellion, was totally eradicated. Then, it seemed to me, was the auspicious time to commence the work of reconciliation; then, when the people songlil once more our friendship and protection, I con sidered it our duty generously to meet them in the spirit of charity and forgiveness, and to con quer them even more effectually by the magnan imity cf the nation than by the force of its arms, I yet believe that if the policy of reconciliation tiien inaugurated, and which contemplated an early restoration of these people to all their po litical rights, had received the support of Con gress, every one of these ten States, and all their people, would at this moment be fast anchored in the Union, and the great work which gave the war all its sanction, and made it just and holy, would have been accomplished. Then, over all the vast and fruitful regions of the South peace and its blessing would have prevailed, while now millions are deprived of rights guar antied by the Constitution to every citizen, and, after nearly two years of legislation, find them selves placed under an absolute military des potism. "A military republic — a Government formed on mock elections and supported daily' by the sword," was nearly a quarter of a century since pronounced by Daniel Webster, when speaking of the South American States, as a "movement indeed, but a retrograde and disas trous movement from the regular and old- fashioned monarchical systems,' and he added: " If men would enjoy the blessings of republican govern ment, they must govern themselves by reason, by mutual counsel and consultation, by a sense and feeling of general interest, and by the acquiescence ofthe minority in the will of the majority, properly expressed ; and, above all, tho mili tary must be kept, according to the language of our bill of rights, in strict subordination to the civil authority. Where- ever this lesson is not both learned and practised, there can - be no political freedom. Absurd, preposterous is it, a scoff and a satire on free forms of constitutional liberty, for forms of government to be prescribed by military leaders, and the right of suffrage to be exerciBed at the point of the sword." I confidently believe that a time will come when these States will again occupy their true positions in the Union. The barriers which now seem so obstinate must yield to the force of an enlightened and just public opinion, and sooner or later unconstitutional and oppressive legisla tion will be effaced from our statute-books. When this shall have been consummated, Ipray God that the errors of the past may be forgotten, and that once more we shall be a happy, united and prosperous people, and that at last, after the bitter and eventful experience through which the nation has passed, we shall all come to know that our only safety is in the preservation of our Federal Constitution, and in according to every American citizen and to every State the righto which that Constitution secures. Andrew Johnsos. Washington, March, 23, 1867. The votes on this hill were : In House. March 19 — The test vote was on Mr. El- dridge's motion to table the report; which was disagreed to — yeas 26, nays 101, as follow: Yeas— Messrs. Archer, Barnes, Boyer, Brooks, Burr, HI- dridge, Fox, Getz, Glossbrenner, Haight, Holman, Humphrey, Kerr, Marshall, Morrissey, Mungen, Niblack, Nicholson, Noell, Pruyn, Randall, Robinson, Ross, Taher, Van Auken, Wood— 26. Nays— Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Beaman, Bing ham, Blaine, Blair, Boutwell, Broomall, Bnckland, Butler, president Johnson's cabinet, etc. 181 l te, Churchill, Reader W. Clarke. Sidney Clarice, Cobb, I aurn, Cook, Cornell . Covode, Cullom, Dodge, Donnelly, D, Iggs, Eckley, Eggleston. Ela, Farnsworth, Ferries, Ferry, Fljlds, Gravely, H:\lsey, Hamilton, Hooper, Hopkins, Asa hel W. Hubbard, Chester ,D. Hubbard, Hunter, Ingersoll, Jtt'4d, Julian, Kolley, Ketcham. Kitchen, Koontz, Laflin, Wi'liam Lawrenco, Lincoln, Loan, Logan, Loughridge, Mallory, Marviu, McClurg. Mercur, Miller, Moore, Mor- rell, Myers, Newcomb, O'Neill, Orth. Paine, Perham, Pile, PolB.Iey, Robertson, Sawyer, Schenck, Scofield. .- hanks, Sheltabarger. Spalding, Aaron F. Stovens, Stewart, Taffe, Thowas, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Hubert T. Van Horn, Van Wyok. Ward, Cad- waladir V. Washburn. Henry D. Washburn, Welker, Thomas Williams, William- Williams, .lames F. Wilson, JohnT. Wil son, Stephen F. Wilson, Windom, Woodbridge — 101. In Senate. March 19— It passed without division. March 23 — The bill was vetoed. Sam: day — The House re-passed it — yeas 114, nays 2o, as follow : Yeas— Jiessrs. A llison, Ames, Anderson, Delos R. Ashley, James M Ashley, Baker, Baldwin, Banks, Benmau, Benja min, Bentm, Blaine, Blair, Boutwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn. Cook, C-'rncIl, Covode, Cullom, Dodge, Don nelly, Driggs, Eckley, Eggleston, Ela, Farnsworth, Ferriss, Ferry, Fields, Finney, Garfield, Gravely, Halsey, Hamilton, Hayes. Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Judd, Julian, Kelley, Kelse.y, Ketcham, Kitchen, Koontz, Laflin, William Lawrence, Lincoln, Loan, Logan, Loughridge, Mallorv, Marvin, McCarthy, McClurg, Mercur, Miller, Moore, Morrell, Myers, Newcomb, O'Neill, Orth, Paine, Perham, Pete. 8, file, Plants, Poland, Polsley, Robertson, Sawyer, Schenck, Scofield. Selyc, Shanks, Shella barger, Smith, Spalding, Aaron F. Stevens, Thaddeus Ste vens, Stewart, Taffe, Thomas, Trowbridge, Twichell, Upson, •Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wjck, Ward, Cadwalader C. Washburn, Henry D. Washburn, Welker, Thomas Williams, William V, illiams, .lames F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Wood- bridge — 114. Nays— Messrs Barnes, Boyer, Brooks, Burr, Clianler, Eldridge. Fox, Gelt, Glossbrenner, Haigld, Holman, Hum phrey, Marshall, Morrissey, Mungen, Niblack, Nicholson, Noell, Pruyn, Randall, Robinson, Ross, Taber, Van Auken, Tan Trump— .25. Same day— The Senate re-passed it— yeas 40, nays 7, as follow : Ye vs— Messrs. Anthony, Cameron, Chandler, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Fes senden, Fowler, Freliughuysen, Harlan, Howard, Howe, Johnson, Morgan, Lot M. Morrill, Justin S. Morrill, Morton, Nye, JaB. W. Patterson, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 40. Nays— Messrs. Buckalew, Davis, Dixon, Doolittle, Norton, David T. Patterson, Saulsbury— 7. Whereupon the Peesident of the Senate de clared the bill to be a law. Kessage accompanying the Approval of a Bill relating to Reconstruction, March 30, 1867. To the Souse of Representatives : In giving my approval to the " Joint reso lution providing for the expenses of carrying into full effect an act entitled 'An' act to provide for the more efficient .government of the rebel States,' " I am moved to do so for the following reason : The seventh section of the act supple mentary to the act " for the more efficient gov ernment of the rebel States " provides that all expenses incurred under or by virtue of that act shall be paid out of any moneys in the Treasury not otherwise appropriated. This provision is wholly unlimited as to the amount to be expend* ed, whereas the resolution now before me limits the appropriation to $500,000. I consider this limitation as a very necessary check against un limited expenditures and liabilities. Yielding to that consideration, I feel bound to approve this resolution, without modifying in any manner my objections heretofore stated against the original and supplementary acts. Andrew Johnson. Washington, March 30, 1867. XVI. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OP THE THIRTY-NINTH AND FORTIETH CONGRESSES. PRESIDENT JOHNSON'S CABINET. Secretary of State — William H. Sewaud, of New York Secretary of the Treasury — Hugh McCulloch, of Indiana. Secretary of War — Edwin M. Stanton, of Ohio. Secretary of the Navy — Gideon Welles, of Con necticut. Postmaster General — Alexander W. Eandall, of Wisconsin, vice William Dennison, of Ohio, resigned July 11, 1866. Secretary of the Interior — Orville H. Brown ing, of Illinois, vice James Harlan, of Iowa, resigned September 30, 1866. Attorney General — Henry Stanbery, of Ken tucky, vice James Speed, of Kentucky, re signed July 16, 1866. THIBTY-NINTH CONGRESS. Second Session, December 3, 1866-ffiarch 2, 1867. The following changes took place from the list at the First Session, as printed on pages 107 and 108 of the Manual for 1866 -. Senate. New Sampshire— George G. Fogg, vice Daniel Clark, resigned August 9, 1866. New Jersey — Frederick T. Frelinghuysen, vice William Wright, deceased ; Alexander G. Cat tell, vice John P. Stockton, seat vacated. Tennessee — David T. Patterson (admitted July 28, 1866;) Joseph S. Fowler (admitted July 25, 1866.) Kansas— Edmund G. Ross, (qualified July 25, as successor to James H. Lane.) 182 POLITICAL MANUAL. House of Representatives. New York — John W- Hunter, vice James Humph rey, deceased. Pennsylvania — Philip Johnson, died January 31, 1867. Kentucky — Elijah Hise, vice Henry Grider, de ceased; Lovell H. Rousseau elected to fill the vacancy caused by his resignation July 20, 1866; Andrew II. Ward, vice Green Clay Smith, resigned. ¦Tennessee— Nathaniel G. Taylor, Horace May nard, William B. Stokes, Edmund Cooper, William B. Campbell, Samuel M. Arnell, Isaac R. Hawkins, John W. Leftwich. (Messrs. Campbell, Arnell, and Hawkins qualified De cember 3, 1866, the others July 24 and 25, 1866.) Nebraska — Thomas M. Marquette, (qualified March 2, 1867.) Claimants from the Insurrectionary States — Thirty-Ninth Congress. In Senate, same as at first session, except James B. Campbell, "of South Carolina, vice John L. Manning, resigned; and David G. Burnett and 0. M. Roberts, of Texas, recently chosen. In House, J. McCaleb Wiley, of Alabama, vice George C. Freeman, deceased ; and James P. Hambleton, of Georgia, vice W. T. Wofford ; Texas — George W. Chilton, Benj^H. Epper son, A. M. Branch, C. Herbert. (Mr. Branch and Mr. Herbert were Representatives in the Rebel Congress.) FORTIETH CONGRESS. First Session, March 4-30, 1867. Senate. Benjamin F. Wade, of Ohio, President of the Senate, and acting Vice President. John W. Forney, of Pennsylvania, Secretary. Maine — Lot M. Morrill, William Pitt Fessen den. New Sampshire — Aaron H. Cragin, James W. Patterson. Vermont — George F. Edmunds, Justin S. Mor rill. Massachusetts — Charles Sumner, Henry Wil son. Rhode Island — William Sprague, Henry B. Anthony. Connecticut — James Dixon, Orris S. Ferry. New York — Edwin D. Morgan, Roscoe Conk- lin§>- New Jersey — Frederick T. Frelinghuysen, Alexander G. Cattell. Pennsylvania — Charles R. Buckalew, Simon Cameron. Delaware^- 'George Read Riddle* Willard Saulsbury. Maryland — Reverd'y Johnson, Philip Francis Thomas.f Ohio — Benjamin F. Wade, John Sherman. Kentucky — Garrett Davis, James Guthrie. Tennessee — David T. Patterson, Joseph S. Fowler. Indiana — Thomas A. Hendricks, Oliver P. Morton. *Died March 30, 1867. fNot admitted to a seat, his credentials having been re ferred to the Committee on the Judiciary. Illinois— Richard Yates, Lyman Trumbull. Missouri— John B. Henderson, Charles D. Drake. Michigan — Zachariah Chandler, Jacob M. Howard. Iowa — James W. Grimes, James Harlan. Wisconsin— James R. Doolittle, Timothy' 0. Howe. California — John Conness, Cornelius Cole. Minnesota — Alexander Ramsey, Daniel S. Norton. Oregon— George H. Williams, Henry W. Cor bett. -Kansas — Edmund G. Robs, Samuel C. Pome roy. West Virginia— Peter G. Van Winkle, Wait- man T. Willey. Nevada — William M. Stewart, James W. Nye; Nebraska— -T. W. Tipton, John M. Thayer. House oe Representatives. Schuyler Colfax, of Indiana, Speaker. Edward McPherson, of Pennsylvania, Clerk. Maine — John Lynch, Sidney Perham, James G. Blaine, John A. Peters, Frederick A. Pike. . New Sampshire* — Jacob H. Ela, Aaron F. Ste vens, Jacob Benton. Vermont — Frederick E. Woodbridge, Luke P. Poland, Worthington C. Smith. Massachusetts— Thomas D. Eliot, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Bout- , well, John D. Baldwin, William B. Washburn, Henry L. Dawes. Rhode Island — (Not elected.) Connecticut — (Not elected.) New York— Stephen Taber, Demas Barnes, Wil liam E. Robinson, John Fox, John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William H. Robert son, Charles H. Van Wyck, John H. Ketcham, Thomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hulburd, James M. Marvin, William C. Fields, Addison H. Laflin, John C. Churchill, Dennis McCar thy, Theodore M. Pomeroy, William H. Kel- sey, William S. Lincoln, Hamilton Ward, Lewis Selye, Burt Van Horn, James M. Hum phrey, Henry Van Aernam, one vacancy. New Jersey — William Moore, Charles Haighfc, Charles Sitgreaves, John Hill, George A. Hal- sey. Pennsylvania — Samuel J. Randall, Charles O'Neill, Leonard Myers, William D. Kelley, Caleb N. Taylor, Benjamin M. Boyer, John M. Broomall, J. Lawrence Gets, Thaddeus Stevens, Henry L. Cake, Daniel M.. Van Au- ken, Charles Denison, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, William H, Koontz, Daniel J. Morrell, Stephen F. Wilson, Glenni W. Scofield, Darwin A. Finney, John Covode,. James K. Moorhead, Thomas Wil liams, George V. Lawrence. Delaware — John A Nicholson. J/ar^ancf-^Hiram McCullough, Stevenson Ar cher, Charles E. Phelps, Francis Thomas, Frederick Stone. Ohio — -Benjamin Eggleston, Rutherford #¦ Hayes, Sobert C Schenck, William Lawreiuw, * Members qualified— the Irst two, March 18, 1867; the last, March 2b\ VOTES ON POLITICAL BILLS AND RESOLUTIONS. 183 William Mungen, Reader W. Clarke, Samuel Shellabarger, Cornelius S. Hamilton, Ralph P. Buckland, James M. Ashley, John T. Wil son, Philadelph Van Trump, George W. Mor gan, Martin Welker, Tobias A. Plants, John A. Bingham, Ephraim R. Eckley, Rufus P. Spalding, James A. Garfield. Kentucky — (Not elected.) Tennessee— (Not elected.) Indiana — William E. Niblack, Michael C. Kerr, Morton C. Hunter, William S. Holman, George W. Julian, John Coburn, Henry D. Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, John P. C Shanks. Illinois — Norman B Judd, John F. Farnsworth, Ellihu B. Washburne, A)JnerC. Harding, Ebon C. Ingersoll, Burton 0. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis W. Ross, Albert G. Burr, Samuel S. Marshall, Jehu Baker, Green B. Raum, John. A. Logan. Missouri — William A. Pile, Carman A. Newcomb, Thomas E. Noell, Joseph J. Gravely, Joseph W. McClurg, Robert T. Van Horn, Benjamin • F. Loan, John F. Benjamin, George W. An derson, Michigan — Fernando 0. Beaman, Charles Upson, Austin Blair, Thomas W. Ferry, Rowland E. Trowbridge, John F. Driggs. Iowa — James F. Wilson, Hiram Price, William B. Allison, William Loughridge, Cfrenville M. Dodge, Asahel W. Hubbard. Wisconsin— Halbert E. Paine, Benjamin F. Hopkins, Amasa Cobb, Charles A. Eldridge, Philetus Sawyer, Cadwalader C. Washburn. California — (Not elected.) Minnesota — William Windom, Ignatius Donr nellj' Oregon — Rufus Mallory. Kansas — Sidney Clarke. West Virginia— Chester D. Hubhard, Bethuel M. Kitchen, Daniel Polsley. Nevada, — Delos R. Ashley. Nebraska — John Taffe. Claimants from Insurrectionary States — Fortieth Congress. In Senate — John A. Winston, of Alabama, vice George S. Houston; John T. Jones, and Augustus H. Garland, of Arkansas, vice William D. Snow,* and Elisha Baxter; G. Williamson, of Louisiana, vice Henry Boyce; Mathias A. Manley, of North Carolina, vice John Pool. (Of these, Mr. Winston and Mr. Williamson served in the rebel army, the former as colonel of a regiment, the latter as major on General Polk's staff; Mr. Garland was in all the Rebel Con- ) *8eat declared vacant by the Legislature. VOTES ON POLITICAL BILLS AND RESOLUTIONS. Repeal of Pardon by Proclamation. In House. 1866, December 3 — Mr. Eliot introduced a bill,under a suspension of the rules, to repeal the thirteenth section of the act of July 17, 1862, which thirteenth section is in these words : " That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persona who may have participated in the existing rebel lion, in any State, or part thereof, pardon and amnesty, with such exceptions, and at such time, and on such conditions, as he may deem expe dient for the public welfare." The bill passed^-yeas 112, nays 29. The nays were: ^ Messrs. Ancona, Boyer, Campbell, Chanter, Dawson, Eld- rufye, Glossbrenner, Hale, Aaron Harding, Hise, Kerr, Le Blond, Leftwich, Marshall, Niblack, Nicholson, Noell, Phelps, Samuel J. Randall, Ritter, Rogers, Rousseau, Shanklin, Sit- greaves, Stillwell, Nathaniel G. Taylor, Nelson Taylor, Trim- me,ttndrew H. Ward. ¦ 1867, January 7 — The Senate passed it — yeas 27, nays 7, as follow : Yeas — Messrs. Cattell, Chandler, Conness, Cragin, Cres- Setl. Edmunds, FessenrU-ti, Foster, Fowler, Henderson, bward, Howe, Kirkwood, Lane, Morgan, Morrill, Poland, Ramsey. Ross, Sherman, Stewart, Sumner, Trumbull, Wade, Valley, Williams, Wilson— 27. Nays— Messrs. Dixon. Doolittle, Hendricks, Johnson, Nor ton, Patterson, Saulsbury — 7.' . Hot'e.. — This bill became a law by reason of the failure of the President to sign, or return it with his objections, within ten days after pre sentation to him. Representation of Rebel States. In House. 1866, December 11 — A bill passed, of which this is the chief section: " That before the first meeting of the next Congress, and of every subsequent Congress, the Clerk ofthe next preced ing House of Representatives shall make a roll of the rep resentatives elect, and place thereon the names of all per sons claiming seats as representatives elect from States which were represented in the next preceding Congress, and of such persona only, and whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States." The vote was — yeas 124, nays 31, as follow : Yeas — Messrs. Alley, Allison, Anderson, Arnell, Delos R- Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Bout well, Brandegee^ Bromwell, Broomall, Buckland, Bundy, Reader «\ Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Eckley, EggleBtoo, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Hale, Abner C. Harding, Hart, Hayes, HendersoD, Higby, Hill, Holmes, Hooper, Chester D. Hubbard, John H. Hubbard, James R. Hubbell, Hulbu' ?, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Koontz, Kuydendall, Laflin, Latham, George V. Lawrence, Wil liam Lawrence, Longyear, Lynch, Marston, Marvin, May nard, McClurg, Mclndoe, McKee, McRner, Mercur, Miller, Moorhead, Morrill, MorriB, Moulton, O'Neill. Orth, Paino, Patterson. Perham, Pike, Plants. Pomeroy, Price, William II. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck. Scofield, Shellabsirger, Sloan, Spalding, Starr, Stevens, Stokes, Thayer, Francis Thomas, 181 POLITICAL MANUAL. John L. Thomas, ji., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Ellihu B. Washburne, William B. Washburn. Welkei, Wentworth, Williams JamosF. Wil son, Stephen F. Wilson, Windom, Woodbridge— 104. Nats— Messrs. Ancona, Bergen, Boyer, Campbell, Cooper, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Harding, Hise, Edwin N, Hubbell, Hunter, LeBlond, Mar shall. Niblack, MelioUon, Samuel J. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Stillwell, Taber, Na thaniel G. Taylor, Nelson Taylor, Trimble, Andrew H. Ward —ol. In Senate. 1867, February 1— The bill passed— yeas 31, nays 6, as follow : Yeas— Messrs. Cattell, Chandler, Conness, Cragin, Ed munds, Fessenden, Fogg, Foster, Fowler, Grimes, Harris, Henderson, Howe, Johnson, Kirkwood, Lane, Morgau, Mor rill, Norton, Poland, Ramsey, Ross. Sherman, Sprague, Stew art, Sumner, Trumbull, Van Winkle, Williams, Wilson, Yates — 31. Nays— Messrs. Buckalew, Davis, Hendricks, Nesmith, Pat- terson, SauUbury — G. Note. — This bill became a law by reason of the failure of the President to sign or return it with his objection, within ten days after pre sentation to him. Elective Franchise in the Territories. In Senate. 1867, January 10 — Pending the bill to amend the organic acts of the Territories, This substitute was adopted : That from and after the passage of this act there shall be no denial of the elective franchise in any of the Territories of tho United States, now or hereafter to be organized, to any. citizen thereof, on account of race, color, or previous condition of servitude, and all acts or parts of acts, either of Congress or the legislative assemblies of said Territories, inconsistent with the provisions of this act, are hereby de clared null and void. The vote was — yeas 24, nays 8, as follow : Yeas — Messrs. Anthony, Conness, Cragin, Creswell, Ed- munds, Fessenden, Fogg, Foster, Fowler, Grimes, Hender son, Howard, Howo, Kirkwood, Lane, Morgan, Morrill, Po land, Sherman, Stewart, Sumner, Wade, Willey, Williams —24. Nays — Messrs. Buckalew, Hendricks, Johnson, Norton, Pat terson, Riddle; Saulsbury, Van Winkle — 8. Same day — The House concurred — yeas 104, nays 38, as follow : Yeas— Messrs. Alley, Allison, Ames, Arnell, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell. Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullnni, Culver, Davis, Defrees, Delauo, Deming, Dixon, Dodge, Donnelly, EriggB, Eckley, Eggleston, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C. Harding, Hart, Hawkins, Higby, Hill, Holmes, Hooper, Demas liubbard, jr., John II. Hubbard, Jamed R. Hubbell, Ingersoll, Jenckes, Julian, Kasson, Kelso, Ketcham, Koontz, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, Maynard, McClurg. McRuer, Mer cur., Miller, Morrill, Moulton, Myers, O'Neill, Orth, Paine, Perham, Plants. Price, Raymond, John H. F.ice, Rollins, Sawyer, Schenck, Scofield, Spalding, Stokes, Thayer, John L. Thomas, jr , Trowbridge, Upson, Van Aernam, Burt Van Horn, II .mil. hi Ward, Wurner, Ellihu R. Washburne, llenry D'. Washburn, William B. WaBhbum, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom —1(14. Nays — Messrs. Ancona, Bergen, Boyer, Campbell, Chanter, Cooper, Dawson, Denison, Eldridge, Finck, Glossbrenner, Aaron Harding, Hise, Hogan, Chester D. Hubbard, Edwin N. Hubbell, Humphrey, Johnson, Latham, Le Blond, Left wich, Niblack, Nicliolson, Noell, Samuel J. Randall, William H. Randall, Ritter, Rogers, Ross, Slianklin, Sitgreaves, Ta ber, Nathaniel G Taylor, Thornton, Trimble, Andrew H. Ward, Whaley, Winfield— 38. Note. — This bill became a law by reason of the failure of the President to sign, or return it with his objections, within ten days after pre sentation to him. Female Suffrage and Intolligonco Snffi ^e. Pending the District of Columbia Suffrs ge bill in the Senate — 1866, December 12 — Mr. Cowan moved to strike from it the word " male," which was lost — yeas 9, nays 37, as follow : Yeas — Messrs. Anthony. Brown, Buckalew, Cotsan, Fas ter, Nesmith, Patterson, Riddle. Wade-rSI. Nays — Messrs. Cattell. Chandler, Conness, Creswell. Da- vis, Dixon. Doolittle, Edmunds, Fessenden, Fogg, Fi-elinghuy- '.' sen, Grimes, Harris, Henderson. Hendricks. Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Norton, Poland, Pome roy, Ramsey, Ross, Saulsbury, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Willey, Williams, Wilson, Yates— 37. Mr. Dixon moved to add to first section this proviso : " That no person who has not heretofore voted iu this Dis trict shall be permitted to vote, unless he shaSl be able at the time of offering to vote, to read, and also to write his own name." Which, December 13, was lost — yeas 11, nays 34, as follow: Yeas — Messrs. Anthony, Buckalew, Dixon, Doolittle, Fogg, Foster, Hendricks, Nesmith, Patterson, Riddle, Willey — 11. Nays — Messrs Brown, Cattell, Chandler, Conness, Coin- an, Creswell, Davis, Edmunds, Fessende-n, Freliughuy6en, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Norton, Poland, Pomeroy, Ramsey, Ross, Saulsbury, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Williams, Wilson— 34. In House. January 28 — Mr. Noell introduced a bill to abolish all disqualification from voting, in the District of Columbia, on account of sex, and , moved it be referred to a select committee, which was lost — yeas 49, nays 74, as follow : Yeas — Messrs. Ancona, Baker, Barker, Baxter, Benjamin, Boyer, Broomall, Bundy, Campbell, Cooper, Defrees, Denison, Eldridge, Farnsworth, Ferry, Finck, Garfield, Hale, Hawkins, Hise, Chester D. Hubbard, Edwin N. Hubbell, Humphrey, Julian, Kasson, Kelley, Kelso. LeBlond, Loan, McClurg, McKee, Miller, Newell, Niblack', Noell, Orth, Ritter, Rogers, Ross, Sitgreaves, .Starr, Stevens, Strouse, Taber, Nathaniel G. Taylor, Trimble, Andrew H. Ward, Henry D. Wash burn, Winfield— 43. Nays — Messrs. Allison, Anderson, James M. Ashley, Bald win. Beaman, Bidwell, Bingham, -Blaine, Boutwell, Brande gee, Buckland, Reader W. Clarke, Conkling, Cook, Cullom, Darling, Dawes, Deming, Donnelly, Dumont, Eckley, Eg gleston, Eliot, Farquhar, Grinnell, Higby, Holmes, Hooper, John H. Hubbard, Ingersoll, Jenckes, Koontz, Laflin, Lynch, Marvin, Mclndoe, McRuer, Mercur, Moorhead, Morrill, Myers, O'Neill, Paine, Patterson, Perham, Phelps, Pike, Plants, Price, Samuel J. Randall, Raymond. Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spaldiug, Stokes, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Warner, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Windom, Woodbridge — 74. Test Oath of Attorneys. In House. 1867, January 22 — Mr. Boutwell reported this bill : Be it enacted, &c, That no person shall be per mitted to act as an attorney or counsellor in any court of the United States who has been guilty of treason, bribery, murder, or other felon^or who has been engaged in any rebellion against the Government of the United States, or who has given aid, comfort, or encouragement to the enemies of the United States in armed hostility thereto. Seo. 2. That the first section of this act is hereby declared to be a rule of every court of the United States. Seo. 3. That it shall be the duty of the judge or judges of any such court, when the sugges- VOTES ON POLITICAL BILLS AND RESOLUTIONS. 185 lion is made in open court that any person act ing as an attorney or counsellor of said court, or offering or proposing to so act, is barred by the provisions of this act, or whenever said judge or judges shall believe that such person is so barred, to inquire and ascertain whether such person has been guilty of treason, bribery,, mur der, or other felony, or whether he has been en gaged in any rebellion against the Government of the United States, or whether he has given aid, comfort, or encouragement to the enemies ofthe United States in armed hostility thereto; and if the court shall be of opinion that such person has been guilty of treason, bribery, mur der, or other felony, or that he has been engaged in any rebellion against the Government of the United States, or that he has given aid, comfort, or encouragement to the enemies of the United States in armed hostility thereto, to exclude and debar such person from the office of attorney or counsellor of said court. And any person who shall testify falsely in any examination made by any court, as aforesaid, shall be guilty of perjury, and liahle to tho pains and penalties of perjury. January 23 — The bill passed — yeas 119, nays 43, as follow : Yeas— Messrs. Anderson, Delos R. Ashley, Jamos M. Ashley, Daker, Baldwin, Banks, Barker, Baxter, Ceaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader TV. Clarke, Cobb, Conkling, Cook, Cullom. Darling, Dawes, Defrees, De lano, Deming, Dixon, Donnelly, Driggs, Dnmont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garlield, Grinnell. Griswold, Abner C. Harding, Hart. Hayes, Higby, Hill, Holmes, Hooper, Hotchkiss, Chester D. Hubbard, Dem as Hubbard, jr., John II. Hubbard, Ingersoll, Jenckes, . Juli'in, Kasson, Kelley, Kelso, Ketcham, Koontz, Kuyken dall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin. Maynard, McClurg, Mclndoe, McKee, Mercur, Miller, Moorhead, Morrill. Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, William II. Kandall, Raymond, Alexander n. Rice, John H. Rice, Rollins, Sawyer, Scofield, Shellabarger, Sloan, Spalding, Starr, Stokes, Francis Tliomns, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Curt Van Horn, Hamilton Ward, Warner. Uenry D. Washburn, William B. \'ashburn, Welker, Wentworth, Williams, James F.Wilson. Stephen F. Wilson, Windom,Woodbridge— 119. Nays— Messrs. Ancona, Bergen, Boyer. Ca-mplell, Clianler, Cooper, Dawson, Denison, Eldridge. Finck, Gloisbrcnner, Goodyear, Halo, Aaron Harding, Ilogan, Edwin N. Hubbell, Humphrey, Hunter, Kerr, Latham, Le Blond, Leftwich, Mar shall, McCullough, McRuer, Niblack, NichoUon, Phelps, Rad ford, Samuel J. Randall, Ritter, Rogers. Ross, Shanklin, Sitgre ves. Stillwell, Taber, Nathaniel G. Taylor, Nelson Taylor, Thornton, Trimble, Andrew H. Ward, Winfield — 13. The bill was not acted upon in the Senate. Validating Certain Proclamations and Acts of the President, and Others. In House.- 1867, January 22— Pending this bill, intro duced by Mr. Bingham, and reported from the Judiciary Committee, with amendments, by Mr. James F. Wilson, An Act to declare valid and conclusive certain proclamations of the President, and acts done in pursuance thereof, or of bis orders, in the suppression of the late rebellion against the United States. Be it enacted by the Senate and Souse of Rep resentatives of the United States of America in Congress assembled, That all acts, proclamations, and orders of the President of the United States, or acts done by his authority or approval after the fourth of March, anno Domini eighteen hun dred and sixty-one, and before the first day of July, anno Domini eighteen hundred and sixty- six^ respecting martial law, military trials by courts-martial or military commissions, or the arrest, imprisonment, and trial of persons charged with participation in the late rebellion against the United States, or as aiders or abettors thereof, or as guilty of any disloyal practice in aid thereof, or of any violation of the laws or usages of war, Or of affording aid and comfort to rebels against the authority of the United States, and all pro ceedings and acts done or had by courts-martial or military commissions, or arrests and imprison ments made in the premises by any person by the authority of the orders or proclamations of the President, made as aforesaid, or in aid thereof, are hereby approved in all respects, legalized and made valid, to the same extent and with the same effect as if said orders and proclamations had been issued and made,' and said arrests, im prisonments, proceedings, and acts had been done under the previous express authority and direction of the Congress of the United States, and in pursuance of a law thereof previously enacted and expressly authorizing and directing the same to be done. And no civil court of the United States, or of any State, or of the District of Columbia, or of any district or Territory of the United States, shall have or take jurisdic tion of, or in any manner reverse any of the proceedings had or acts done as aforesaid, nor shall any person be held to answer in any of said courts for any act done or omitted to be done in pursuance or in aid of any of said proc lamations or orders, or by authority or with tl:e- approval of the President within the period aforesaid, and respecting any of the matters aforesaid ; and all officers or other persons in the service of the United Stales, or who acted in aid thereof, acting in the premises, shall be held prima facie to have been authorized by the Pres ident; and all acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed. On tho motion to insert the clause beginning " and all officers and other persons," the yeas were 109, the nays 37, (Messrs. Ancona, Bergen, Boyer, Campbell, Chanter, Cooper, Dawson, Den ison, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Sanding, Sise, Edwin N. Subbell, Hum phrey, Sunter, Johnson, Kerr, Le Blond, Left wich, Marshall, Niblack, Nicholson, Noell, Rad ford, Samuel J. Randall, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Strouse, Taber, Nelson Tay lor, Thornton, Trimble.) February 23-"— The bill passed — yeas 112, nays 32, as follow : Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delos R Asliley, James M. Ashley, Baker, Baldwin, Baxter, Beaman, Bidwell, Bingham, Blaine, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Davis, Dawes, Delano, Deming, Dixon, Dodge, Donnelly, Eggleston, Eliot, Farnsworth, Far quhar, Garfield, Grinnell, Abner C. Harding, Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kel ley, Ketcham, Koontz, Kuykendall, Laflin, George V. Law- renco, William Lawrence, Loan, Longyear, Lynch, Marvin, Maynard. McClurg, Jlclndoe, McKee, McRuer, Mercur, Mil ler, Moorhead, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Perham, Plants, Price, William II. Randall, John H. Rice, Rollins, Sawyer, Scofield, Sh'llabarger, Sloan, Spalding, Starr, Stevens. Stillwell, Stokes, Thayer, Trowbridge. Tjpgon. 186 POLITICAL MANUAL. Van Aernam, Burt Van Horh, Hamilton Ward, Warner, Henry D. Washburn, William B. Washburn. Welker, Went worth, Whaley, Williams, James V. Wilson, Stephen F. Wil son, Windom, Woodbridge — 112. Nays— Messrs. Ancona, Bergen, Boyer, Campbell, Clwnler, Cooper, Dawson. Eldridge, Finck, Clossbrenner, Aaron Hard ing, Harris, Hise, Edwin N. Hubbell, Humphrey, Hunter, Kerr, LeBlond, Marshall, McCullough, Niblack, Nicliolson, Samuel J. Randall, Ritter, Shanklin, Sitgreaves, Strouse, Taber, Tliornton, Trimble, Andrew H. Ward, Wright— 32. In Senate. March 2 — The bill passed— yeas 36, nays 8, as follow : ' ; Yeas— Messrs. Anthony, Cattell, Chandler, Conness, Cra gin, Dixon, Doolittle, Edmunds, Fessenden, Fogg, Foster, Fowler, Frelinghuysen, Crimes, Harris, Howard, Howe. Kirkwood, Lane, Morgan, Morrill, Nye, Patterson, Pome roy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 36. Nats — Messrs. Buckalew, Cowan, Davis, Hendricks, John son, McDougaU, Norton, Saulsbury — 8. Homesteads in Southern States. 1867, February 28 — Mr. Julian reported a bill amending the act of June 21, 1866, respect ing homesteads in Alabama, Mississippi, Louisi ana, Arkansas, and Florida, so that any person applying for the benefit of . said act shall be re quired to make oath that he has not voluntarily borne arms against the United States or given aid or comfort to its enemies ; Provided, That said oath shall not be required of any person who dur ing tha late war enlisted in the military or naval service of the United States, and who shall have been honorably discharged therefrom, and not thereafter rendered any aid or comfort to the re bellion. The bill was passed — yeas 97, nays 30, as fol low: Yeas — Messrs. Alley, Allison, Ames, Arnell, James M. Asldey, Baker, Banks, Baxter, Beaman, Bingham, Blaine, Brandegee, Bromwell, Broomall, Buckland, Reader W. Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Dixon, Dodge, Dumont, Eliot, Far- Suhar, Griswold, Hawkins, Hayes, Higby, Hill, Holmes, looper, Chester D. Hubbard, Demas Hubbard,. jr., John U. Hubbard, Hulburd, Jenckes, Julian, Kelley, Kelso, Koontz, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marvin, Maynard, McClurg, Mclndoe, McKee, Mc Ruer, Mercur, Miller, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Perham, Pike, Plants, Pome roy, Price, W. II. Randall, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stokes. Th'iyer, Fran cis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Hamilton Ward, Warner, Henry D. Washburn, William B. Washburn, Welker, Wentworth. Whaley, Stephen F.Wilson, Windom— 97. Nays— Messrs. Ancona, Bergen, Campbell, Chanter, Cooper, Dawson, Finck, Glossbr.-nner, Goodyear, Aaron Harding, Hise Hojan, Edwin N. Hubbell, Humphrey, Kerr, Kuy- dendall, Latham, Le Blond, Leftwich, Marshall., Niblaclc, Nicholson, Ritter, Shanklin, Sitgreaves, Taber, rlYimble Andrew H. Ward, Winfield, Wright— ZQ, The bill was not acted upon in the Senate. To Suspend the Payment of Bounty to former Owners of Colored Vohrateois. In House. 1867, January 14 — Mr. Cook reported, under as suspension of the rules, from the Judiciary Committee this bill: That so much of section twenty-four of an act approved February twenty -fourth, eighteen hun dred and sixty-four, entitled "An act to amend an act entitled 'An act for enrolling and calling out the national forces, and for other purposes,' approved March third, eighteen hundred and sixty-three, as provides that the Secretary of War should appoint a commission in each of the slaveStatesthen represented in Congress, charged to award to each loyal person to whom a colored volunteer might, oweBervice a just compensation, not exceeding three hundred dollars for such' colored volunteer, be suspended until' otherwise, provided by law, and that the duties and com* pensation of the commissioners heretofore ap pointed under said section, 6hall cease from tue date of the passage of this resolution. Which was passed— yeas 107, nays 36, as fol low : Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley. James M. Ashley, Baker, Baldwin, Banks, Baxter,. Benjamin, Bidwell, Bingham, Blaine, Boutwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Cobb, Cook, Cullom, Culver, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Farqu;, bar. Ferry, Griswold, Abner C. Harding, Henderson. Higby; Hill, Holmes, Hooper, Chester D. Hubbard, Demas Hubbard, jr., John II. Hubbard, James R. Hubbell, Ingersoll, Jeuckes,,' JuuVn, Kasson, Keleo, Ketcham, Koontz, Kuykendall, George V. Lawrence, Loan, Longyear, Lynch, Marston, Mar vin, Maynard, McClurg, McKee, MeRuer, Mercur, Murrill, Morris,'Moulton, O'Neill, Orth, Paine, Patterson, Perham, Pike, I lauts, Pomeroy, Price, Raymond, John H. Rice, Kol- lins, Ross, Sawyer. Schenck, Scofield, Shellabarger, Spalding, Stevens, Stokes, Thayer, Trowbridge, Upson. Van Aornatm Burt Van Horn, Hamilton Ward, Warner, Ellihu B. Wagh- burne, Henry D. Washburn, William B. Washburn, Welker, Wentworth. Whaley, Williams, James F. Wilson, Stephen, F. Wilson, Windom— 107. Nays — Messrs. Ancona, Bergen, Boyer, Campbell, Clwnler^ Dawson, Denison, Finck, Glossbrenner, Aaron Harding,' Hawkins, Hise. Hogan, Edwin N Hubbell, Humphrey, John- son, Latham, Le Blond, Leftwich, Marshall, Niblack, Nichol son, Noell, Radford, Samuel J. Randall, WiUiam H. Randall, Ritter, Rogers ,' 'Slianklin, Sitgreaves, Strouse, Taber, Natlumief G. Taylor, Nelson Taylor, Tliomton, Andrew H. Ward— 3^ The bill was not acted upon in the Senate. To Suspend all Proceedings in relation to tho Payment for Slaves drafted or reoeiveff as Vol unteers in the Military Service. In House. 1867, March 18— The bill passed, providing that all further proceedings under the twenty fourth section of the act of Congress approved February twenty-fourth, eighteen hundred and sixty -four, " to award compensation to the masr ters of slaves drafted into the military service. of the United States, and award compensation to persons to whom colored volunteers may owe, service," and under the second section of the act approved July twenty-eighth, eighteen hundred and sixty-six, "making appropriation for pay-. ment to persons claiming service or. labor from colored volunteers or drafted men," be, and the same is hereby suspended. And the Secretary of War is directed to dissolve the commissions. appointed under the said sections, and make payment to the commissioners and clerks for the services rendered, upon their making report of their proceedings to the War Department. March 18 — The vote on Mr. Schenck's motion to suspend the rules to allow the consideration of the bill, was the only vote taken — and was yeas 92, nays 24, as follow : Yeas— MesBi-B. Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Beaman, Benjamin, Bingham, Blaine, Blair, Boutwell, Uromwoll, Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cornell, Covode, Cullom, Dodge, Donnelly, Drigra, Eckley, Ela, Farnsworth, Forriss, Ferry, Fields. Garfield. Gravely, Hamilton, Uayes, Hooper, Hopkins, Asahel WL Hubbard, Chester D. Hubbard. Hulburd, lluntor, Judd, Julian, Kelley, Kitchen, Koontz, Laflin, William Lawrence, Lo:»an, Marvin. McClurg, Miller, Moore, Myers, Newcomb, O'Neill, Orth, Pnine, Perham, Peters, Pile, Plants, Poland, Polsloy, Pomeroy, Robertson, Ross, Sawyer, Schenok, See PROPOSED IMPEACHMENT OF PRESIDENT JOHNSON. 1?7 field, Shanks, Shellabarger, Smith, Spalding, Taylor, Twich ell, TJpson, Van Aernam, Burt Van Horn, Robert T. Vou Horn, Van Wyck, Ward, Cadwalader 0. W.ishburn, Henry Dj Washburn, Welker, Thomas Williams, William Williams, James E Wilson, John T. Wilson, Windom— 92. . Nayb— Messrs. Boyer, Brooks, Burr, Eldridge, Fox, Getz, mosibrenner, Holman, Kerr, Marshall, Morgan, Morrissey, Mungeu, Niblack, Mclwlson, Noell, Pruyn, Randall, Robin. son, Sitgreaves, Tuber, Van Auken, Van Trump, Wood — 24. In Senate. March 21 — The. resolution passed— yeas 32, nays 7, as follow: Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Fow ler, Harlan, Henderson, Howe, Morgan, Morrill of Vt., Horton, Nye, Patterson of N. H., Pomeroy, Ramsey, Ross, Saulsbury, Sherman, Sumner, Thayer, Tipton, Trumbull, Wade, Williams, Wilson— 32. Nays— Messra. Buckalew, Davis, Doolittle, Johnson, Patter son of Tenn., Van Winkle, Willey— 7. A Bill to Restore the Possession of Lands Con fiscated by the Authorities of the States lately in Eebellion. In House. 1866, July 24 — Mr. Williams reported from the Committee on the Judiciary the following bill : That in all cases where any loyal citizen of the United States may have been disseized or dis possessed of any lands or tenements belonging to him or her, within any of the States lately in re bellion, by any order, proceeding, or decree, un der the pretended authority of the so-called Con federate government, or of any of the States comprising the same, on the ground of his or her adherence to the cause of the Union, or his or her absence, or failure or refusal to give support to the said rebellion, it shall be the duty of the President of the United States, or the command ing officer of the military forces stationed, within the particular State or District, on complaint made to either of them in writing, by the party or parties so disseized or dispossessed, their heirs or assigns, accompanied by satisfactory evidence that the title or possession of any such property is claimed by the person or persons occupying the same under or by virtue of any such order, proceeding, or decree, to restore the person or persons so interested and aggrieved to the pos session and rights of which they have been thus unjustly deprived, and to protect them in the enjoyment of said rights by the applicatio'n of so much force as may be necessary for that pur pose, Mr. Thimble moved that it be laid on the ta ble, which was disagreed to-^yeas 24, nays 81, as follow : Yeas — Messrs. Ancona, Bergen, Boyer, Cooper, Eldridge, Finck, Glossbrenner, Aaron Harding, Hogan, Johnson, Kerr, LeBlond, McCullough. Niblack, Nicholson, Radford, Samuel J. Randall, Ritter, Ross, Strouse, Taber, Tliomton, Trimble, yKnfidd—2A. Nays— Messrs. Allison, Baker, Banks, Barker, Baxter, Benjamin, Bidwell, Bingham, Buckland, Sidney Clarke, Cobb, Conkling, Cullom, Davis, Dawes, Defrees, Dixon, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Ab ner C. Harding, Hart, Hayes, Higby, Holmes, Hooper, Hotch kiss, Chester D. Hubbard, John H: Hubbard. James R. Hub bell, Hulburd, Jenckes. Julian, Kelley, Ketcham, Koontz, Laflin, George V Lawrence, William Lawrence, Loan, Lynch, Maynard McClurg, McRuer, Mereur, Miller, Moorhead, Morris, Myers, Newell. O'Neill, Orth, Paine, Perham, Plants, Price, Raymond, Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, Stokes, Nathaniel G. Taylor, John L. Thomas, jr., Burt Van Horn, Robert T. Van Horn, Hamilton Ward, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windon^ Woodbridge— 81. The bill was then passed. In Senate. 1867< February 21 — Mr. Frelinghuysen re ported it from the Committee on the Judiciary, with an amendment as to the form of proceed ing, but it was not reached before adjournment. PROPOSED IMPEACHMENT OF PEESIDENT JOHNSON. Ill Thirty-Ninth Congress. 1866, December 17— Mr. James M. Ashley moved a suspension of the rules to enable him to report, from the Committee on Territories, this resolution : Resolved, That' a select committee to consist of seven members of this House be appointed by- the Speaker, whose duty it shall be to in quire whether any acts have been done by any | officer of the Government of the United States which in contemplation of the Constitution are high crimes or misdemeanors, and whether said acts were designed or calculated to overthrow, Subvert, or corrupt the Government of the United Statesj or any department thereof, and that said committee have power to send, for persons and jpapers and to administer the customary oath to witnesses, and that they have leave to report by hill or otherwise. Which was not agreed to, (two-thirds being necessary,) yeas 90, nays 49, as follow : Yeas— Messrs. Alley, Allison, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Benjamin, Bidwell, Bingham, Blow, Boutwell, Bran degee, Bromwell, Buckland, Bundy, Reader W. Clarke, Sid ney Clarke,1 Cobb,. Conkling, Cullom, Dixon, Driggs, Eckley, Farnsworth, Farquhar,' Ferry, .Garfield, Grinnell, Abner 0, Harding, Hart, Hawkins, Hayes, Henderson, Hill, Holmes, Hotchkiss, Demas Hubbard, jr., John H. Hubbard, Inger soll,. Julian, Kelley, Keleo, Koontz, Kuykendall, Laflin, Wil liam Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, McRuer, Mercer, Morrill, Moul ton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Pike, Pomeroy, Price, William H. Randall, Schenck, Scofield, Sloan, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ellihu B. Washburne Welker, Wentworth, Williams, James If, Wilson, Windom - 90. Nays — Messrs. Ames, Ancona, Bergen, Boyer, Campbell, Chanter, Cooper, Dawes, Defrees, Deming, Denison, Dodge, Eldridge, Finck. Glossbrenner, Hale, Aaron Harding, Hise, Hogan, CheBterD. Hubbard, E. N. Hubbell, Hunter, Jenckes Kerr, Latham, LeBlond, Leftwich, Marshall, Maynard, Nib laclc, Nicholson, Noell, Samuel J. Randall, Raymond, Ritter, Rogers., Ross, Shanklin, Sitgreaves, Spalding, Stokes, Strouse, Taber, Nathaniel G. Taylor, Nelson Taylor, Thornton, An drew H. Ward, Warner, Whaley — 4!>. 1867, January 7 — Mr. Loan offered this reso lution, which was referred to the Committee on Reconstruction : Resolved, That for the purpose of securing the fruits of the victories gained on the part of the Republic during the late war, waged by rebels and traitors against the life of the nation, and of giving effect to the will of the people as ex pressed at the polls- during the recent elections •by a majority numbering in the aggregate more than four hundred thousand votes, it is the im perative duty of the Thirty-Ninth Congress to take without delay such action as will accom plish the following objects : I. The impeachment of the officer now exer cising the functions pertaining to the office of President of the- United States of America, and his removal from said office upon his conviction, in due form of law, of the high crimes and mis demeanors of which he is manifestly and notori- 188 POLITICAL MANUAL. ously guilty, and which render it unsafe longer to permit him to exercise the powers he has un lawfully assumed. 2. To provide for the faithful and efficient ad ministration of the executive department of the Government within the limits prescribed by law. 3. To provide effective means for immediately reorganizing civil governments in those States lately in rebellion, excepting Tennessee, and for restoring them to their praetical relations' with the Government upon a hasis of loyalty and jus tice ; and to this end, ' 4. To secure, by the direct intervention of Federal authority, the right of franchise alike, without regard to color, to all classes of loyal citizens residing within those sections of the Re public which were lately in rebellion. Same day — Mr. Kelso offered this resolution : Resolved, That for the purpose of securing the fruits of the victories gained on the part of the Republic during the late war, waged by rebels and traitors against the life of the nation, and of giving effect to the will of the people, as ex pressed at the polls during the late elections by majorities numbering in the aggregate more than four hundred thousand votes, it is the impera tive duty of the Thirty-Ninth Congress to take, without delay, such action as will accomplish the following objects : 1. The impeachment of the officer now exer cising the functions pertaining to the office of the President of the United States of America, and his removal from office, upon his conviction, in due form, of the crimes and high misdemean ors of which he is manifestly and notoriously guilty, and which render it unsafe longer to per mit him to exercise the powers he has unlawfully assumed. 2. To provide for the faithful and efficient ad ministration of the executive department within the limits prescribed by law. Mr. Davis moved it be tabled; which was disagreed to— yeas 40, nays, 104. The Yeas were: Messrs. Ancona, Delos R. Ashley, Baldwin, Bergen, Camp bell, Chanter, Cooper, Davis, xtawson, Eldridge, Finck, Gloss brenner, Aaron Harding, Hawkins, Hise, Hogan, Humphrey, Hunter, Kerr, Kuykendall, Latham, Leftwich, McCullough, Nibldck, Nicholson,- Noell, Phelps, Samuel J. Randall, Wil liam II. Randall, Ritter, doss, Shanklin, Strouse, Taber, Nathaniel G. Taylor, Nelson Taylor, Trimble, Ward, Whaley, Winfield— 40. Th'ey were subsequi ntly referred to the Com mittee on the Judiciary. Same day — Mr. James M. Ashley, as a ques tion of privilege, submitted the following : I do impeach Andrew Johnsoa-r-Vice-President and acting Presideut of the United States, of high crimes and misdemeanors. I charge him with a usurpation of power and violation of law : In that he has corruptly used the appointing power ; In that he has corruptly used the pardoning power ; In that he has corruptly used the veto power ; • In that he has corruptly disposed of public property of the United States ; In that he has corruptly interfered in elec tions, and committed acts which, in contempla tion of the Constitution, are high crimes and misdemeanors : Therefore, Be it resolved, That the Committee on the Judiciary be, and they are hereby, authorized. to inquire into .the official conduct of Andrew Johnson, Vice-President of the United States, discharging the powers and duties of the office of President of the United States, and to report to this house whether, in their opinion, the said! Andrew Johnson, while in said office, has been guilty of acts which were designed or calculated to overthrow, subvert, or corrupt the Govern ment of the United States, or any department or officer thereof; and whether the said Andrew Johnson has been guilty of any act, or has con spired with others to do acts, which, in contem plation of the Constitution, are high crimes or misdemeanors, requiring the interposition of the constitutional power of this house ; and that said committee have power to send for persons and papers, and to administer the customary oath to witnesses. Mr. Spalding moved to lay the subject on the' table ; which was disagreed to — yeas 39, nays 106. The proposition of Mr. Ashley was then agreed to — yeas 108, nays 39, as follow : Yeas — Messrs. Alley, Allison, Ames, Arnell, Delos R. Ash ley, James M. Ashley, Baker, Baldwin, Banks, Barker; - Baxter, Beaman, Benjamin, Bidwell, Bingham. Blaine. BomW well, Brandegee, Bromwell, Broomall, Buckland, Bundy,; Chauler, Reader W. Clarke, Sidney Clarke, Cobb, Cook,' Cullom, Culver, Darling, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Eckley, Farnsworth, Farquhar, Ferry,.' Garfield, Grinnell, Abner C. Harding, Hart, Hayes, Ilender-^ son, Higby, Hill, Holmes, Hooper, Chester D. Hubbard,". John H. Hubbard, IngerBoll, Jenckes, Julian, Kasson, Eel-' ley. Kelso, Ketcham, Kuykendall, George V. Lawrence,1 William Lawrence, Loan, Longyear. Lynch, Marston, Maft , vin, Maynard, McClurg, McKee, McRuer, Mercur, Milkuy Moorhead, Morrill, Moulton, Myers, O'Neill, Orth, Paine, Pat terson, Perham, Pike, Price, William H. Randall, Alexander;-' H. Rice, John H. Rice, Sawyer, Schenck, Scofield, Starr, Stevens, Stokes, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam,' Hamilton Ward, Warner, Ellihu Br '¦ Washburne, Henry D. Washburn, Welker, Wentworth,Wil--. liams, James F. Wilson, Stephen B. Wilson, Windom— 108. - Nays — Messrs. Ancona, Bergen, Campbell, Cooper, Davis, ' Dawson, Dodge, Eldridge, Finck, Glossbrenner, Aaron Hard ing, Hawkins, Hise, Hogan, James R. Hubbell. Humphrey, ¦ Hunter, Kerr, Latham, Leftwich, McCullough, Niblack, Nich olson, Noell, Phelps. Samuel J. Randall, Raymond, Ritlej\ Ross, Shanlclin, Spalding, Strouse, Taber, Nathaniel G Tay lor, Nelson Taylor, Trimble, Andrew H. Ward, Whaley, Winfield— 39. Report of the Committee, February 28, 1867. The Committee on the Judiciary, charged by, ihe_ Souse with the examination of certain allegah tions of high crimes and misdemeanors against • the President of the United States, submit the- following report: On the seventh day of January, 1867, the House, on motion- of Hon. James M. Ashley, a representative from the State of Ohio, adopted the following preamble and resolution, to wit: "I do impeach Andrew Johnson, Vice President and aefc-- ing President of the United States, of high crimes and mis. uemeanors. " I charge him with a usurpation of power and violation oflaw: in that lie has-corruptly used theappointingpower; in that he has corruptly used the pardoning power; in that he has corruptly used the veto power ; in that he has cor ruptly disposed of public property of tho United Status ; in that he has corruptly interfered in elections, and committed acts, and conspired with others to commit acts, which, in contemplation of the Constitution, are high crimes aud mis demeanors. ' "Therefore, be it resolved, That the Committee on the Ju diciary be, and t hoy are hereby, authorized to inquire into, the offldal conduct of Aiulrow Johnson, Vice Piesident of PROPOSED IMPEACHMENT OF PRESIDENT JOHNSON. I8y the United States, discharging the powers and duties of the office of President ofthe United States, and to report to this House whether, in their opinion, the said Andrew Johnson, While in said office, has been guilty of acts which were de signed or calculated to overthrow, subvert, or corrupt the Government of the United States, or any department or offi cer thereof; and whether the said Andrew Johnson has been guilty of any act, or has conspired with others to do acts, which, in contemplation of the Constitution, are high Crime? or misdemeanors, requiring the interposition of the constitutional powers of this House ; and that said commit tee have power to send for persons and papers and to ad minister the customary oath to witnesses." The duty imposed on tho committee, by this action of the House, was of the highest and gravest character. No committee during the entire history of the Government had ever been charged with a more important trust. The re sponsibility which it imposed was of oppressive weight, and of most unpleasant nature. Gladly would the committee have escaped from the ar duous labors imposed on it by the resolution of the House ; but, once imposed, prompt, deliber ate, and faithful action, with a view to correct results, became its duty, and to this end it has directed its efforts. Soon after the adoption of the resolution by the House, the Hon. James M. Ashley commu nicated to the committee, in support of his charges against the President of the United States, such facts as were in his possession, and the investigation was proceeded with, and has been continued almost without a. day's inter ruption. A large number of witnesses has been examined, many documents collected, and every thing done which could be done to reach a con clusion of the case. But the investigation covers a broad field, embraces many novel and inter esting and important questions, and involves a multitude of facts; while most of the witnesses are distant from the capital ; owing 'to which, the committee, in view of the magnitude of the interests involved in this action, has not been able to conclude its labors, and is not, therefore, prepared to submit a definite and final report. If the investigation had even approached com pleteness, the committee would not feel author ized to present the result to the House at this late period of the session, unless the charges had been so entirely negatived as to admit of no dis cussion, which, in the opinion of the committee, is not the case. Certainly, no affirmative report could be properly considered in the expiring hours of this Congress. The committee not having fully investigated all the charges preferred against the President of the United States.it is deemed ^inexpedient to submit any conclusion, beyond the statement that sufficient testimony has been brought to its notiee to justify and demand a further prosecu tion of the investigation. The testimony which the committee has taken Will pass into the custody of the Clerk of the House, and can go into the hands of such com mittee as may be charged with the duty of bringing this investigation to a close, so that the labor expended upon it may not have been in vain. , Tho committee regrets its inability definitely to dispose of the important subject committed to its charge, and presents this report for its own justification, and for the additional purpose of notifying the succeeding Congress of the incom pleteness of its labors, and that they should ba completed. James F. Wilson, Cliairman. G. S. Boutwell, Thos. Williams, Burton C. Cook, Wm. Lawrence, Francis Thomas, D. Morris, F. E. Woodbridge. minority report. Mr. Rogers, the minority of the committee, submits the following as his views : The subscriber, one of the Judiciary Commit tee, to whom was referred by the House the in quiry to inquire into the official conduct of his Excellency the President of the United States, with a view to his impeachment upon certain charges made by the Hon. Ja*mes M. Ashley, begs leave to submit the following report: The committee refuse to allow a report to be made giving the evidence to the House at this time, upon grounds which are no doubt satisfac tory to themselves. Therefore, I cannot report .the evidence upon which my conclusion is based, which I would gladly do, did the committee deem it expedient. The examination of wit nesses and the records was commenced, as ap pears by the majority report, about the time of the reference, to wit, on the 7th of January, 1867, and continued daily. A large number of witnesses has been examined, and everything done that could be to bring the case to a close, as appears by the majority report; and the ma jority came to the conclusion " that sufficient testimony has been brought to its notice to jus tify and demand a further prosecution of the investigation." I have carefully examined all the evidence in the case, and do report that there is not one particle of evidence to sustain any of the charges which the House charged the committee to investigate, and that the case is wholly without a particle of evidence upon which an, impeachment could be founded, and that with all the effort that has been made, and the mass of evidence that has been taken, the case is entirely bald of proof. I furthermore report that the most of the testimony that has been taken is of a secondary character, and such as would not be admitted in a court of justice. In view of this conclusion, I can see no good in a continuation of the investigation. I am con vinced that all the proof that can be produced has been before the committee, as no pains have been spared to give the case a full investigation. Why, then, keep the country in a feverish state of excitement upori"this question any longer, as it is sure to end, in my opinion, in a complete vindication of the President, if justice be done him by the committee, of which l,have no doubt. A. J. Rogers. Impeachment in Fortieth Congress. In House. 1867, March 7— Mr: James M. Ashley rose to a question of privilege, and submitted these resolutions : ' Whereas the House of Representatives of the Thirty-Ninth -.Congress adopted, on the 7th oi January, 1867, a resolution authorizing an in- 190 POLITICAL MANUAL. quiry into certain charges preferred against the President of the United States ; and whereas the Judiciary Committee, to whom said resolu tion and charges were Teferred, with authority to investigate -the same, were unable for want of time to complete said investigation before the expiration of the Thirty-Ninth Congress ; and whereas in the report submitted by said Judici ary Committee On the 2d. of March they declare that the evidence taken is of such a character as to justify and demand a continuation of the investigation by this Congress : Therefore, Be it resolved by the Souse of Representatives, That the Judiciary Committee, when appointed, be, and they are hereby, instructed to continue the investigation authorized in said resolution of January 7, 1867, and that they have power to send for persons and papers, and to administer the customary oath to witnesses ; and that the committee have authority to sit during the ses sions of the House and during any recess which Congress or this House may take. Resolved, That the Speaker of the House be requested to appoint the Committee on the Ju diciary forthwith, and that the committee so ap pointed be directed to take charge of the. testi mony taken by the committee of the last Con gress ; and that said committee have power to appoint a clerk at a compensation not to exceed six dollars per day, and employ the necessary stenographer. Resolved, That the Clerk of the House of Rep resentatives be directed to pay out of the con tingent fund of the House, on the order of the Committee of the Judiciary, such sum or sums of money as may be required to enable the said committee to prosecute the investigation above directed, and such other investigations as it may be ordered to make. Mr. Holman moved to table the resolutions, which was disagreed to — yeas 32, .nays 119, as follow : Yeas — Messrs. Archer, Barnes, Boyer, Brooks, Burr, Chanter, Denison, Eldridge, Fox, Getz, Haight, Holman, Humphrey^ Kerr, Marshall, McCullough, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Rob inson, Ross, Sitgreaves, Stewart, Stone, Taber, Van Auken, Van Trump, Wood— 32. Nays — Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, banks, Beaman, Benja min, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sid ney Clarke, Cobb. Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferries, Ferry, Fields, Finney, Garfield, Gravely, Halsey, Hamilton, Harding, Hayes, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Judd, Julian, Kelley, Ketcham, Kitchen, Koontz, Lafiin, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marvin, McCarthy, McClurg, Mercur, Miller, Mooro, Moorhead, IMorrell, Myers, -Newcomb, Noell, O'Neill, Orth, Paine, Perham, Peters, Pile, Plants, Poland,. Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Shanks, Shellabarger, Smith, Stevens, Taffe, Tay lor, Thomas, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwa lnder 0. Washburn, William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge —119. March 29— Mr. Sidney Clarke offered this preamble and resolution : Whereas upon charges preferred in th e House of Representatives of the Thirty-Ninth Congress against the President of the United States of high crimes and misdemeanors, alleged to have been committed by him in the execution of his official trust, the Committee on the Judiciary of the said House, to which the same was referred, did report that for want of sufficient time they were unable to conclude their investigation, but that upon the facts disclosed it was in their judg ment required and demanded that the inquiry should be prosecuted to a conclusion by the pres ent Congress; and whereas in accordance with the said opinion this House did commit the said subject anew to its Committee on the Judiciary; which is now diligently engaged in the examia-, ation thereof; and whereas, in view of the re port and recommendation of the Judiciary Com mittee of the last House, it would be dangerous to the public interest and failure of duty on the part ofthe present Congress, to adjourn and ab dicate its practical control over the administra tion of the Government by surrendering its des tinies, in the present critical condition of affairs, into the hands of an officer thus impeached before the nation, and well known not only to be hostile to the policy of its Congress, and td entertain the opinion that all the acts of that Congress looking to a restoration of the Union are uncon stitutional : Therefore, Resolved, That the Committee on the Judi ciary be requested to report on the charges pre ferred against the President, as aforesaid, on the first day of the meeting of the House after the recess hereafter to be determined. Mr. Robinson moved to table the resolution ; which was disagreed to — yeas 38, nays 63, as follow : Yeas— Messrs. Archer, Bingham, Blair, Brooks, Buckland, Burr, Chanter, Reader W. Clarke, Cornell, Denison, Eld- ridge, Ferries, Fields, Getz, Glossbrenner, Griswold, Holman, Chester D. Hubbard, Humphrey, Kerr, Ketcham, Laflin, Marshall, Marvin, Morrissey, Mungen, Niblack, Nicholson, Phelps, Plants, Robinson, Ross, Sitgreaves, Stewart, Taber, Van Auken, Van Trump, Wood— 38. Nays— Messrs. Allison,- James M. Ashley, Baker, Benton, Boutwell, Broomall, Butler, Cake, Churchill, Sidney Clarke, Coburn, Cook, Covode, Cullom, Donnelly, Driggs, Eckley, Eggleston, Ela, Farnsworth, Garfield, Gravely, Halsey, Ham ilton, Hayes, Hooper, Hopkins, Hulburd, Ingersoll, Judd, Kelley, Koontz, William Lawrence, Loan, Logan, Lough ridge, Mallory. McClurg, Mercur, Miller, Morrell, Myers, •O'Neill, Perham, Pile, Polsley, Robertson, Sawyer, Schenck, Scofield, Shanks, Thaddeus Stevens, Taylor, Trowbridge, Upson, Robert T. Van Horn, Ward, Welker, Thomas Wil liams, William Williams, John T. Wilson, Windem, Wood- bridge— 63. The preamble was laid on the table, on a division by tellers — ayes 54, noes 32. The reso lution was then adopted. The committee, it is understood, will make a report upon the 3d of July, on the reassembling , of Congress. XVIII. TEXT OF THE RECONSTRUCTION MEASURES. 14th Constitutional Amendment. Joint Resolution proposing an Amendment to the Constitution of the United States. Be it resolved by the Senate and Souse of Rep resentatives of the United States cf America, in Congress assembled, (two-thirds of both Houses concurring,)- That the following article be pro- 1 posed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of Baid Legislatures, shall be valid as part of the Constitution, namely : ARTICLE XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction 'thereof, are citizens of J;he United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges. or immunities of citizens of the United ¦Slates ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within' its juris diction the equal protection of the laws. Seo. 2. Representatives shall be apportioned among the several States according to 'their re spective numbers, counting the whole number of persons in each State, excluding Indians not 1 taxed. But when the right to vote at any elec tion for the choice of electors for President and Vice President ofthe United States, representa tives in Congress, the executive and judicial officers of a State, or the members of the Legis lature thereof, is denied to any of the male inhab- ' itants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebel lion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Seo. 3. No person shall be a Senator or Rep resentative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United Statest or as a member of any State Legis lature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall'have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, re move such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties . for services in suppressing insurrection or rebel lion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt br obligation incurred in aid of insur rection or rebellion against the United States, ot any claim for the loss or emancipation of any slavo ; but all such debts, obligations, and claims shall be held illegal and void. Sec' 5. That Congress shall have power to en force, by appropriate- legislation, the provisions of this article. Passed June 13, 1866. Reconstruction Act of Thirty-Ninth Congress, An Act to provide for the more efficient gov ernment of the rebel States. Whereas no legal State governments cr ade quate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas ; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally es tablished: Therefore Be it enacted, &c, That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed, and for that purpose Virginia shall constitute the first district ; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third dis trict; Mississippi and Arkansas the fourth dis trict; and Louisiana and Texas the fifth district. Sec. 2. That it shall be the duty of the Presi dent to assign to the command of each of said districts an officer of the army, not below the rank of brigadier general, and to detail a suffi cient military force to enable such officer to per form his duties and enforce his authority within the district to which he is -assigned. Sec. 3. That it shall be the duty of each officer assigned as aforesaid to protect all pemons in their rights of person and property, to suppress insurrection, disorder, and violence, and to pun ish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdic tion of and to try offenders, or, when in bis judgment it may be necessary for the trial of offenders, he shall have power to organize mili tary commissions or tribunals for (hat purpose ; and all interference under color of State author ity with the exercise of military authority undei this act shall be null and void. Sec. 4. That all persons .put Wider military arrest by virtue of this act shall be tried with out unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or libeny of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army sballnot be affected by this act, except in so far as they conflict with its provisions: Pro 192 POLITICAL MANUAL. vided, That no sentence of death under the pro visions of this act shall be carried into effect without the approval of the President. Sec. 5. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitu tion of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous con dition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for'partici- pation in the rebellion, or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submit ted to Congress for examination and approval, and Congress shall have approved the same, and when E&id State, by a vote of its legisla ture elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty- ninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inopera tive in said State : Provided, That no person ex cluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitu tion for any of said rebel States, nor shall any such person vote for members of such conven tion. Sec 6. That until the people of said rebel States shall be by law admitted to representa tion in the Congress of the United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same ; and in all elections to any office under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the pro visions of the fifth section of this act ; and no person shall be eligible to any office under any such provisional governments who would be dis qualified from holding office under the provis ions of the third article of said constitutional amendment. Passed March 2, 1867. Supplemental Reconstruction Aot of Fortieth Congress. An Aot supplementary to an act entitled "An act to provide for the more efficient govern ment of the rebel States," passed March sec ond, eighteen hundred and sixty-seven, and to facilitate restoration. Be it enacted, &c, That before the firstdaypf September, eighteen hundred and sixty-seven, the commanding general in each district defined by an act entitled "An act to provide for,' ihe more efficient government of th« rebel States," passed March second, eighteen - hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty- one years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who .shall have taken and subscribed, the following oath or affirmation: "I, , do solemnly swear, (or affirm,) in the presence of Almighty God, that. I am a citizen of the State of ; that I have resided in said State for months next preceding this day, and now reside in the county of , or the parish of , in said State, (as the case may be;) that I am twenty-one years old ; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony com mitted against the laws of any State or of the United States ; that I have never been a mem ber of any State legislature, nor held any exec utive or judicial office in any State and after wards engaged in insurrection or rebellion against the United States, or given aid or com fort, to the enemies thereof; that I have never taken an oath as a me,mber of Congress of the United States, or as an officer of the UnitejJ States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me God ;" which oath or affirmation maybe administered by any registering officer. Sec. 2. That after the completion of the regis tration hereby provided for in any State, at such time and' places therein as the commanding gen eral shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of meni; bers as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such. State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid, as nearly as may be. The conven tion in Virginia shall consistof thesame number of members as represented the territory now con; stituting Virginia in the most numerous branch of the legislature of said State in the year eigh teen hundred and sixty, to be apportioned as aforesaid. Seo. 3. That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under TEXT OP THE RECONSTRUCTION MEASURES. 193 VMs act Those voting in favor of such a con tention shall have written or printed on the Billots by which they vote for delegates, as afore- avid, the words " For a convention," and those \oting against such a convention shall have written or printed on such ballots the words "Against a convention." The person appointed to superintend said election, and to make return »f the votes given thereat, as herein provided, lhall count and make return of the votes given for and against a convention ; and the com manding general to whom the same shall have b'len returned shall ascertain and declare the total vote in each State for and against a con tention. If a majority of the votes given on that question shall be for a convention, then inch convention shall be held as hereinafter pro vided; but if a majority of said votes shall be against a convention, then no such convention (hall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention. Seo. 4. That the commanding general of each district shall appoint as many hoards of regis tration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plu rality of the votes cast at said election; and Upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers who con ducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall befor a convention, the com manding general, within sixty days from the date of election, shall notify the delegates to ar- semble in convention, at a time and place to be mentioned in the notification, and said conven tion, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act and the act to which it is supplementary ; and when the same shall have been so framed, said constitution shall be sub mitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof Bhall be made to the commandi ng general ofthe district. Sec. 5. That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one half of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the Uni ted States, who shall forthwith transmit the sam6 to Congress, if then in session, and if not in session, then immediately upon its next as sembling ; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without 13 restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such consti tution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is. supplementary, and the other provisions of said act shall have been com plied with, and the said constitution shall be approved by Congress, the State shall be de clared entitled to representation, and Senators and Representatives shall be admired therefrom as therein provided. Seo. 6 That all elections in the State men tioned in the said "Act to provide for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot ; and all officers making the said registration of voters and conducting said elections bhall, be fore entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled " An act to prescribe an oath of office:"* Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offend ing and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury. Sec. 7. That all expenses incurred by the sev eral commanding generals, or by virtue of any orders' issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropriated. Sec. 8. That the convention for each S.tajie- shall prescribe the fees, salary, and comnensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property * This act is in these words : Be it -enacted, die, That hereafter, ©.very person elected or appointed to any office of hon^r or profit under the Govern ment oft heUniteil States eitherin the civil, military, or naval departments of the public service, excepting the President of the United St.ites,sliall,before entering upon the duties of suea, office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation : " I, A B. do solemnly swear (or affirm) that I have never voluntarily borne arms against the United StateB since I have been a citizen thereof ; that I have vol untarily given uo aid, conn tenance, counselor encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions oi any office whatever, under any authority or pretended authority, in hostility to the United States; that. I have not yielded a voluntary support to any pretended government,, authority, power, or constitution within the. United States,.hostile or inimical thereto; and I do further swear (or affinal) that, to the best of my knowledge ant? ability, I will support and defend the Constitution of tho United states, against all enemies, foreign and domestic; that I w.ill.bear true faith und allegiance to thesame; tbat-I. take this obligation freely, without any mental reservation. or purpose of evasion, and th»t I will well and faithfully discbarge the duties of the office on which I am, aoout to. enter; so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, ( House of Congress, or Departmemt to which the said office' may appertain. And any person who shall falsely take tho. said oath shall be guilty of perjury, and on. conviption,.i». addition to the penalties now prescribed for- that offense, shall be deprived of his office, and rendered' incapable for ever after, of holding any office or place under, the. Unite*. States. 194 POLITICAL MANUAL. in such State as may be necessary to pay the. same. Sec. 9 That the word article, in the sixth section of the act to which this is supplementary, shall be construed to mean section. : Passed March 23, 1867. Votes of State Legislatures on the Fourteenth Constitutional Amendment. LOYAL STATES. RATIFIED — TWENTY-ONE STATES. Maine — Senate, January 16, 1867, yeas 31, nays 0. House, January 11, 1867, yeas 126, naya 11 New Hampshire — Senate, July 6, 1866, yeas 9, nays 3. House, June 28, 1866, yeas 207, nays 112. Vermont — Senate, October 23, 1866, yeas 28, nays 0. House, October 30, 1866, yeas 199, hays 11. Massachusetts — Senate, March 20, 1867, yeas, 27 , nays 6. House, March 14, 1867, yeas 120, nays 20. Rhode Island— Senate, February 5, 1867, 7»as 26, nays 2. House, February 7, 1867, yeas 60, nays 9, Connecticut — Senate, June 25, 1866, yeas 11, nays 6. House, June 29, 1866, yeas 181, nays 92. New York— Senate, January 3, 1867, yeas 23, nays 3. House, January 10, 1867, yeas 76, nays 40. New Jersey — Senate, September 11, 1866, yeas 11, nays 10. House, September 11, 1866, yeas 34, nays 24. ' Pennsylvania — Senate, January 17, 1867, yeas 20, nays 9. House, February 6, 1867, yeas 68, nays 29. West Virginia — Senate, January 15, 1867, yoas 16, nays 8. House, January 16, 1867, yeas 43, nays 11, Ohio— Senate, January 3, 1867, yeas 21, nays 12. House, January 4, 1867, yeas 64, nays 26. Tennessee — Senate, July 11, 1866, yeas 15, nays 6. House, July 12, 1866, yeas 43, nays 11. Indiana — Senate, January 16, 1867, yoaB 29, naya 18, House, January 23, 1867, yoas — , nays — .' Illinois— Senate, January 10, 1867, yeas 17, nays 7. House, January 15, 1867, yeas 59, nays 25. Michigan — Senate, 1867, yeas 25, nays 1. House, — — 1867, yeas 77 nays 15. ¦Missouri— • ' Senate, January 5, 1867, yeas 26, naya 6. House, January 8, 1867, yeas 85, nays 34. Minnesota — Senate, January 16, 1867, yeas 16 nays 6. House, January 15, 1867, yeas 40, nays 6. Kansas — Senate, January 11, 1867, unanimously. House, January 10, 1867, yeas 76, nays 7. Wisconsin — Senate, January 23, 1867, yeas 22, nays 10. House, February 7, 1867, yeas 72, nays 12, Oregon — *Senate, , 1866, yeas 13, nays 7. House, September 19, 1866, yeas ,25, nays 2ft. Nevada — •Senate, January 22, 1867, yeas 14, nays 2, House, January 11, 1867, yeas 34, naya 4. •Unofficial. REJECTED— 7TBEEE STATUS. Delaware — Senate. House, February 6, 1867, yeas 6, nays IB. . Maryland— ' ' Senate, March 23, 1867, yeas 4, nays 18. House, March 23, 1867, yeas 12, nays 45. Kentucky— Senate, January 8, 1867, yeas 7, nays 24. House, January 8, 1867, yeas 26, nays 62. NOT ACTED— THREE STATEB. Iowa, California, Nebraska. INSURRECTIONARY STATES. REJECTED— TEN. STATES. Virginia — ' Senate, January 9, 1867, unanimously. House, January 9, 1867, 1 for 'amendment. North. Carolina — Senate, December. 13, 1866, yeas,l, nays 44. House, December 13, 1866, yeas 10, nays 93. South Carolina— ' Senate, . HOUSE, December 20, 1866, yeas 1, nays 95. Georgia — Senate, November 9, 1866, yeas 0, nays 38. House, November 9, 1866, yeas 2, nays 131. Florida — Senate, December 3, 1866, yeas 0, nays 20. House, December 1, 1866, yeas 0, nays 49. Alabama — Senate, December 7, I860, yens 2, nays 27, House, December 7, 1866, yeas 8, nays 69. Mississippi — Senate, January 30, 1867, yeas.O, nays 27. House,, January 25, 1867, yeas 0, nayB 88. Louisiana — Senate, February 6, 1867, unanimously. House, February 6, 1867, unanimously. Texas— Senate, . House, October 13, 1866, yeas 5, nayB 67. Arkansas — Senate, December 16, 1866, yeas 1, nays 24. House, December 17, 1866, yeas 2, nays OS. XIX. PROCLAMATIONS AND ORDERS. PRESIDENT JOHNSON'S PROCLAMATIONS, ORDERS, AND TELEGRAMS ON RECON STRUCTION. Declaring the Insurrection at an End in Texas, and Civil Authority existing throughout the whole of the United States, August 20, 1866, Whereas, by proclamation of the fifteenth and nineteenth.of April, eighteen hundred and sixty- one, the President of the United States, in virtue of the power vested in him by the Constitution and the laws, declared that the laws of the Uni ted Stateswereopposed and the execution thereof obstructed in the States of South Carolina, Qeor . gia, Alabama, Florida, Mississippi, Louisiana. and Texas, by combinations too powerful to.bt:, suppressed by the ordinary course of judicial proceedings, or by the powers vested in the mar shals by law ,; And whereas, by anothor.proclamation, made. on the sixteenth day of August, in the same year, in pursuance of an act of Congress, ap proved July thirteen, one thousand eight hun-. dred and sixty-one, the inhabitants of the StateB of Georgia, South Carolina, Virginia, North Car olina, Tennessee, Alabama,. Louisiana., T«'HM« PROCLAMATIONS AND ORDERS. 195 Arkansas, Mississippi, and Florida, (except the inhabitants of that part of the State of Virginia lying west of the Alleghany mountains, and except also the inhabitants, of such other parts of that State, and the other States befor^named, 88 might maintain a loyal adhesion to the Union and the Constitution, or might be, from time to time, occupied and controlled by forces of the United States' engaged in the dispersion of insur gents,) were declared to be in a state of insur rection against the United States; And whereas, by another proclamation, of the first day of July, one thousand eight hundred and sixty-two, issued in pursuance of an act of Congress approved June seventh, in the same year, the insurrection was declared to be still existing in the States aforesaid, with the excep1 tion of certain specified counties- in the State of Virginia ; And whereas, by another proclamation made on the second day of April, one thousand eight hundred and sixty-three, in pursuance of the act of Congress of July thirteen, one thousand eight hundred and sixty one, the exceptions named in the proclamation of August sixteen, one thousand eight hundred and sixty-one, were revoked, and the iuhabitants of the States of Georgia, South' Carolina, North Carolina, Ten nessee, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia (except the forty-eight counties of Virginia designated as West Virginia, and the ports of New Orleans, Key West, Port Royal, and Beaufort, in North Carolina) were declared to be still in a state of insurrection against the United States ; And whereas, by anotherproclamation of thefif - teenth day of September, one thousand eight hun-' dred and sixty-three, made in pursuance of the act of Congress approved March third, one thou sand eighthundred and sixty-three, the rebellion was declared to be still existing, and the privi lege of the writ of habeas corpus was in certain specified cases suspended throughout the United States, said suspension to continue throughout the duration of the rebellion, or until said proclama tion should, by a subsequent one to be issued by the President of the United States, be modified or revoked ; And whereas the Souse of Representatives, on the twenty -second day of July, one thousand eight hundred and sixty-one, adopted a resolu tion in the words following, namely : Resolved by , the House of RepresentaUyes of the Congress of 'the United States, "That'fhe present deplorable civil war hag 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 nation;. 1 emergency, Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country ; that this 'war is not waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those State's, but to defend-and maintain the supremacy of the Constitu tion, and to preserve the Union with all' the dignity, equal ity, and rights of ihe several States unimpaired, and that as soon as these' objects are. accomplished the- war ought to cease, And whereas the Senate of the United States on the twenty-fifth day of July, one thousand eight hundred and sixty-one, adopted a resolu tion in the words following, to wit: Resolved, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now iw revolt against the constitutional Government, and in arms around the capital ; that in this national emer gency, Congress, banishing all feeling of mere paBsion or resentment, will recollect only its duty to tho whole coun try; that this war is not prosecuted upon our part in any spirit of oppression, nor for any purpose of conquest or sub- j ligation, nur purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain tho supremacy of the Constitution, and all laws made in pursuance thereof, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; that ns soon as these objects are a:com ¦ pllshed the war ought to cease. And whereas these resolutions though not joint or concurrent in form, are substantially identical, and as such have hitherto been and yet are re garded as having expressed the sense of Congress upon the subject to which they relate ; And whereas the President of the United States, by proclamation of the thirteenth of June, eighteen hundred and sixty-five, declared that the insurrection in the State of Tennessee had been suppressed, and that the authority of the United States (herein was undisputed, and that such United States officers as had been duly com missioned were in the undisturbed exercise of their official functions ; And whereas the President of the United States, by further proclamation issued on the second day of April, one thousand eight hundred and sixty-six, did promulgate and declare that there no longer existed any armed resistance of mis guided citizens or others to the authority of the phited States in any or in all the States before mentioned; excepting only the State of Texas, and did further promulgate and declare that the Jaws' could' be sustained and enforced in the sev eral States before mentioned, except Texas, by the proper civil authorities, State or Federal, and that the people of the said States, except Texas, are well and loyally disposed, and have con formed or will conform in their legislation to the condition of affairs growing out of the amend ment to the : Constitution of the United States prohibiting slavery within the limits and juris diction' of the United States ; And did further declare in the same proclama tion that it is the manifest determination of the American people that no State, of its own will, has a right or power to go out of, or separate itself from, or be separated from the American Union ; and that, therefore, each State ought to remain and constitute an integral part of the United States ; And did further declare in the same last men tioned proclamation that the several afore-men tioned States, excepting Texas, had, in themanner aforesaid, given satisfactory evidence that they acquiesce in this sovereign and important reso lution of national unity; And whereas the President of the United States, in the same proclamation, did further declare that it is believed to be a fundamental Erinciple of government that the people who ave revolted, and who have been overcome and subdued, must either be dealt with so as to"in- duce them voluntarily to become friends, or else they must be held by absolute military power, or devastated, so as to prevent them from ever again doing harm as enemies, which last named policy is abhorrent to humanity and to freedom ; And whereas the President did, in the same proclamation, further declare that the Constitu- 196 tion of the United States provides for constituent communities only as States, and not as Territo ries, dependencies, provinces, or protectorates; And further, that such constituent States must necessarily be, and by the Constitution and laws of the United States are made equals, and placed upon a like footing as to political rights, im munities, dignity, and power with the several States with which they are united; And did further declare that the observance of political equality as a principle of right and justice is well calculated to encourage the people of the before-named States, except Texas, to be and to become more and more constant and per severing in their renewed allegiance ; And whereas the President did further declare, that standing armies, military occupation, mar tial law, military tribunals, and the suspension of the writ of habeas corpus are, in time of peace, dangerous to public liberty, incompatible with the individual rights of the citizen, contrary to the genius and spirit of our free institutions, and exhaustive of the national resources, and ought not, therefore, to be sanctioned or allowed, except in cases of actual necessity, for repelling invasion or suppressing insurrection or rebellion ; And the President did further, in the same proclamation, declare that the policy of the Gov ernment of the United States, from the beginning of the insurrection to its overthrow and final suppression, had been conducted in conformity with the principles in the last-named proclama tion recited ; And whereas the President, in tho said proc lamation of the thirteenth of June, one thousand eight hundred and sixty-five, upon tho grounds therein stated and hereinbefore recited, did then and there proclaim and declare that the insur rection which heretofore existed in tho several States before named, except in Texas, was at an end and wa«- lu-nc-elorth to be so regarded; And whereas, subsequently to the said second day of April, one thousand eight hundred and sixty-six, the insurrection in the State of Texas^ has been completely and everywhere suppressed and ended, and the authority of the United States has been successfully and completely es tablished in the said State of Texas, and now re mains therein unrestricted and undisputed, and such of the proper United States officers as have been duly commissioned within the limits of the said State are now in the undisturbed exercise of their official functions ; And whereas the laws can now be sustained and enforced in the said State of Texas by the proper civil authority, State or Federal, and the people of the said State of Texas, like the people of other States before named, are well and loy ally disposed, and have conformed or will con form in their legislation to the condition of affairs growing out of the amendment of the Con stitution of the United States prohibiting slavery within the limitB and jurisdiction of the United State's ; And whereas all the reasons and conclusions set forth in regard to several States therein spe cially named now apply equally and in all re spects to the State of Texas, as well as to the other States which had been involved in insur rection ; POLITICAL MANUAL. And whereas adequate provision has been made by military orders to enforce t lie execution of the acts of Congress and the civil authorities, and secure obedience to the Constitution and laws of the United States within the State of Texas, il^a resort to military force for such pur- ¦ pose should at any time become necessary ; Now, therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and de clare that the insurrection which heretofore ex isted in the State of Texas is at an end, and is to be henceforth so regarded in that State, as in the other States before named, in which the said in surrection was proclaimed to be at an end by the aforesaid proclamation of the second day u'f April, one thousand eight hundred and sixty-six. And I do further proclaim that the said in surrection is at an end, and that peace, order tranquillity, and civil authority now exist in and throughout the whole of the United States of America. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twen tieth day of August, in the year of our r-i Lord one thousand eight hundred and L ' 'J sixty-six, and of the independence of the United States of America the ninety-fiist. Andbew Johnson. By the President: Wm. H. Seward, Secretary of State. Respecting American Merchant Vessels Stopping or Anchoring in Certain Ports of Japan, Janu ary 12, 1867. Whereas in virtue of the power conferred by the act of Congress approved June 22, 1860, sec tions 15 and 24 of which act were designed by proper provisions to secure the strict neutrality, of citizens of the United States residing in or visiting the empires of China and Japan, a noti fication was issued on the 4th of August last by the Legation of the United States in Japan, through the consulates of the open ports of that empire, requesting American shipmasters not to approach the coasts of Lucoa and Nagato pend ing the then contemplated hostilities between-. the Tycoon of Japan and the Daimio of the said provinces ; And whereas authentic information having been received by the said Legation that such hostilities had actually commenced, a regulation, in furtherance of the aforesaid notification and pursuant to the act referred to, was issued by the Minister Resident of the United States in Japan forbidding American merchant vessels from stop-. ping or anchoring at any port or roadstead in that country except the three open ports, viz : Kana-. gawha, (Yokohama,) Nagasaki, and Hakodate,: unless in distress or forced by stress of weather, as provided by treaty, and giving notice that masters of vessels committing a breach of the regulation would thereby render themselves lia ble to prosecution and punishment, and also ; to forfeiture of .the protection of the United States if the visit to such non-opened port or roadstead should either involve a breach of treaty or be construed as an act in aid of insurrection or rebellion: PROCLAMATIONS AND ORDERS. 107 Now, therefore, be it known that I, Andrew Johson, President of the United States of Amer ica, with a view to prevent acts which might injuriously affect the relations existing between the Government of the United States- and that of Japan, do hereby call public attention to the aforesaid notification and regulation, which are hereby sanctioned and confirmed. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twelfth day of January, in the year of our Lord [seal.] one thousand eight hundred and sixty- seven, and of the independence of the United States the ninety -first. Andrew Johnson, By the President : William H. Seward, Secretary of State. Respecting Deoree of Maximilian, August 17, 1866. Whereas a war is existing in the Republic of Mexico, aggravated by foreign military inter vention ; And whereas the United States, in accordance with their settled habits and policy, are a neu tral Power, in regard to the war which thus afflicts the Republic of Mexico ; And whereas it has become known that one of the belligerents in the said war — namely, the Prince Maximilian — who asserts himself to be Emperor in Mexico, has issued a decree, in regard to the port of Matamoros, and other Mexican ports which are in the occupation and possession of another of the said belligerents — namely, the United States of Mexico — which decree is in the following words : w The port of Matamoros, and all those of the northern frontier which have withdrawn from their obedience to the Government, are cloBed to foreign and coasting traffic during Buch time as the empire of the law shall not bo therein re instated. " Aut. 2. Merchandise proceeding from the said ports, on arriving at any other where the excise of the empire is col lected, shall pay the duties on importation, introdflction, and consumption, and, on . satisfactory proof of contraven tion, shall be irremissibly confiscated. Our Minister of the Treasury is charged with the punctual execution of this decree. "Given at Mexico, the 9th of July, 1866." And whereas the decree thus recited, by de claring a belligerent blockade unsupported by competent military or naval force, is in violation of the neutral rights of the United States, as defined by the law of nations, as well as of the treaties existing between the United States of America, and the aforesaid United States of Mex ico: Now, therefore, I, Andrew Johnson, . Presi dent of the United States, do hereby proclaim and declare, that the aforesaid decree is held, and will be held, by the United States, to be absolutely null and void, as against the Govern ment and citizens, of the United States ; and that any attempt which .shall be made to enforce the same against the Government or citizens of the United States will be disallowed: In witness whereof I have hereunto Bet my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, the seven teenth day of August, in the year of our [l. s.] Lord one thousand eight hundred and sixty-six, and of the independence of the United States of America the ninety-first. Andbew Johnson. By the President: William H. Seward, Secretary of State. Declaring the Suspension of Tonnage and Impost Duties, as respects the Vessels of the Hawaiian Islands-, January 29, 1867, • Whereas by an act of the Congress of the United States of the twenty-fourth day of May, one thousand eight hundred and twenty-eight, entitled " An act in addition to an act, entitled 'An act concerning discriminating duties of ton nage and impost,' and to equalize the duties on Prussian vessels and their cargoes," it is pro vided thatupon satisfactory evidence being given to the President of the United States by the gov ernment of any foreign nation that no discrimi nating duties of tonnage or impost are imposed or levied in the ports of said nation upon vessels wholly belonging to citizens ofthe United States, or upon the produce, manufactures, or merchan dise imported to the same from the United States or from any foreign country, the President is thereby authorised to issue his proclamation, de claring that the foreign discriminating duties of tonnage and imposts within the United States are and shall be suspended and discontinued, so far as respects the vessels of the said foreign nation, and the produce, manufactures, or mer chandise imported into the United States in the same from the said foreign nation, or from any other foreign country, the said suspension to take effect from the time of such notification being given to the President ofthe United States, and to continue so long as the reciprocal ex emption of vessels belonging to citizens of the United States and their cargoes, as aforesaid, shall be continued, and no longer ; And whereas satisfactory evidence has lately been received by me from his Majesty the King of the Hawaiian Islands, through an official communication of his Majesty's Minister of For eign Relations, under date of the 10th of Decem ber, 1866, that no other or higher duties of ton nage and impost are imposed or levied in the ports of the Hawaiian Islands General Orders, No. 6. Andrew S. Herron, attorney general of the State of Louisiana ; James T. Monroe, mayor of New Orleans ; Edmund Abell, judge of the first district court of the city of New Orleans, ar» PROCLAMATIONS AND ORDEKS. 207 hereby removed from their respective offices from 12-' m., to-day. The following, appointments have' been made to take effect from the same. date : B. L. Lynch, attorney general of the State of ¦ Louisiana ; Edward Heath, mayor of New Orleans ; W. W. Howe, judge of the first district court of New Orleans Each person removed will turn over allthe books, pacers, and records, 4c., pertaining to his office, to the one appointed thereto. The authority of the latter will be duly respected and enforced. By command of Major General Sheridan. Geo. L. Hartsuff, A. A. G. Headquarters Fifth Military District, New Orleans, La., April 10, 1867. Special Orders, No. IS. 2, In obedience, to the directions contained in- the first section of the law of Congress, entitled '''An act supplemental to an act entitled ' An act to provide for the more efficient government ofthe rebel States,' " the registration of the legal vpters, according to the law of the parish of Of leans, will be commenced on the. 15th instant, and must be completed by the 15th of May. The four municipal districts of. the city of New Orleans, and the parish of Orleans, right bank, (Algiers,) will each constitute a registra tion district. Election precincts will remain as atjjresent constituted. _ . "The following appointments of boards of reg isters is hereby made-rrto continue in office until further orders,. viz: First District-^John A. Roberts, Wm. Baker, and W. M. Geddes. Second District — Edward Ames, T. C. Thomas, and Michael Vidal. Third District-— Charles F. Berens, John Mc- Whorter, and H. Stiles. Fourth DistricWJohn L. Davies, Henry Ben- Bel, Jr., and Edmund Flood. Orleans Parish, right bank-— W. H. Seymour, Thomas Kenefec, and George Herbert. Each member of the board of registers, before commencing his duties, will file in the office of the assistant inspector general at these head quarters the oath required in the sixth section of , the act referred to, and be governed in the execution of his duty by the provisions of the first section of that act, faithfully administering the oata tnerein prescribed to each person regis-. »red. Boards of registers will immediately select suitable offices, within their respective districts, Saving reference to convenience and facility of registration, and will enter upon their duties on the day designated. Each board will be en titled to two clerks. Office hours for registration will be from 8 o'clock till 12 a. m., and from 4 till 7 p. m. When elections are ordered the board of regis ters for each district will designate the number of polls _ and the places where they shall be opened in the election precincts within its dis trict, appoint the commissioners and other offi cers necessary for properly conducting the elec tions, and will superintend the same. They^ will also receive from the commissioners of elections of the different precincts the result of the vote, consolidate thesame, and forward it *e the commanding general. Registers. and all officers connected with elev.:, 'tionswill beheld to a rigid accountability, an-dj will be. subject to trial by military commission for-fraud, or' unlawful or improper conduct in-, the. perform ance of their duties. Thr-ir rate- of compensation- and manner of payment will be in, accordance.. with- the. provisions of sections 6., and 7 of the supplemental act. ! Brevet Brigadier General J. W. Forsyth, as sistant inspector general of- the Fifth Military- District, is hereby directed to supervise the boards of registration for the parish of Orleans, to listen to and adjust, or, refer to this office, all just causes, of complaint. He is authorized to employ suqh experts as., may be necessary to detect fraud in registration or elections. 1 Every male citizen ofthe United States twenty- one years old and upward, of whatever race, , color, or previous condition, who has been resi dent in the. State of Louisiana for one year and parish of, Orleans for three months previous to the date at which he presents himself for regis-, itration, and who has not been disfranchised by act of Congress or for felony at common law, phall, after having taken and subscribed the oath prescribed in the first section of the act herein referred to, be entitled to be, and shall be, regis-. tered as a iegal voter in the parish' of Orleans and State of Louisiana. Pending the decision of the Attorney General of the United States on the question as to who are disfranchised by law, registers will give the most rigid interpretation to the law, and ex clude from registration every person about whose right to vote there may be a doubt. Any per son so excluded who may, under the decision of the Attorney General, be entitled to vote, shall be permitted to register after that decision ia received, due notice of which will be given. By command of Major General P. H Sheridan Geo. L. Hartsuff, A. A. G. A military commission appointed. The New Orleans Republican of the 13th of April, says : General Sheridan has ordered a military com mission to meet in this city on Monday next, 15th instant, for the trial of Mr. Walker, and such other persons as may be properly brought before it. The following is the detail for the commission: Brevet -Major General A. Beckwith, Brevet Brigadier General C. G. Saw- telle, Brevet Colonel M. Maloney, Brevet Colo nel A. D. Nelson, Brevet Major M. J. Asch, Captain J. D. DeRussey, First Lieutenant John Hamilton. Brevet • Major Leslie Smith, judge advocate. Texas. ORDER OF GEN. GRIFFIN. Gen. Griffin, in command of the State, issued the following order on the 5th inst. ; Under the act of Congress passed March 2, 1867, to provide for a more efficient government of the rebel States, and the supplementary act thereto, the district commander is required to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish or cause to be punished all disturbers of the public peace and criminals. Jurisdiction of offenses may be taken, and offend ers tried by the local civil tribunals, but w 208 POLITICAL MANUAL. it is evident that local civil tribunals will not impartially try cases brought before them, and render decisions according to law and evidence, the immediate military commander will arrest or cause the arrest of the offenders or criminals, and hold them in confinement, presenting their cases in writing, with all the facts, to these head quarters, with the view to the said parties being brought before and tried by a military commis sion or tribunal, as provided in section three of the military bill. Proclamation of Gov. Brownlow, of Tennessee, February 25, 1867. Whereas, it has been made known to me, the Governor of the State of Tennessee, that certain atrocious murders and numerous outrages have been committed in certain counties in this State, by violent and disloyal men, upon the persons and property of Union men, whose only offense has been their unswerving devotion to the na tional flag, and their uniform support of the State government ; and whereas these bad men are banding themselves together in some locali ties, and notifying Union men to leave within a given time : Now, therefore, I, William G. Brown low, Governor as aforesaid, by virtue of the au thority and power in me vested, do hereby pro claim, that I intend to put a stop to all such outrages, by calling into active service a sufficient number of loyal volunteers, under the following recent act, which i3 now the law of Tennessee : An Act to organize and equip a State Guard, and for other purposes. Be it enacted by the General Assembly of the State of Tennessee, That the Governor is hereby authorized and empowered to organize, equip, and call into active service a volunteer force, to be known as the Tennessee State Guard, to be composed of one or more regiments from each congressional district of the State : Provided al ways, that the Tennessee State Guard shall be composed of loyal men, who shall take and sub scribe the oath prescribed in the franchise act. Sec. 2. That the Governor shall be comman der-in-chief, and any member of said force shall be subject to his order, when in his opinion the safety of life, property, liberty, or the faithful execution of law require it; tc be organized, armed, equipped, regulated, and governed by the rules and articles of war, and the revised army regulations of the United States, so far as applicable, and shall receive pay and allowances according to grade of rank, as provided for the United States Army while in active service, to be paid out of any money in the State treasury not otherwise appropriated: Provided, That the force provided for by this act shall not be armed and equipped until called into active service by the Governor. Seo. 3. That this act shall take effect from and after its passage. Standing, a| I do, on the broad principles of the Constitution, and sworn to enforce the laws, I have no concessions to make to traitors ; no compromises to offer assassins and robbers ; and if, in the sweep of coming events, retributive justice shall overtake the lawless and violent, their own temerity will have, called it forth. The outrages enumerated must and shall cease. Having reached the foregoing conclusion I feel justified in expressing the opinion that the- pres ent State government in Tennessee — so gener^ ally acquiesced in by loyal and law-abiding people — will be sustained and preserved, despite all the efforts of disappointed traitors andJ dis loyal newspapers. '.j The interests of trade, of agricultural pur suits, of commercial intercourse between this State and others — of the development of our vast resources, of immigration, as well as Justus to loyal sufferers — all require that these outrages at once cease in every county in the State, Dis loyal men are giving forth their vile utterances in railroad cars, in public hotels, on the streets, and through the newspapers, damaging the ma terial interests of the State, those of commerce, those of the mechanic arte, of religion and edu cation, as well as bringing reproach upon the Commonwealth. I cannot, however, close this brief proclama tion without endeavoring to impress upon my fellow-citizens of all parties the importance, the absolute necessity, of remaining quiet, of pre serving good order, and a quiet submission, to, and a rigid enforcement of, the laws everywhere within the limits of our State. Outrages;upon loyal citizens, whether white or black, and the setting aside of the franchise law, are all., the work of bad men, who desire to foment strife, and will not be tolerated. Prudent and experienced men will be placed in charge of the " State Guard " in every county where they are placed, who will be required to protect all good citizens, irrespective of politics! parties, and to punish murderers, robbers, .and all violators of law. And the number of troops called into active service will be increased or diminished as the good or bad conduct of ,t>he people shall be developed. Hoping this procla mation will strengthen the hands and insprae the hearts of the loyal people of our State, a6 to the future, and deter the disloyal from further acts of violence, I respectfully submit it, with a repetition of the assurance that I mean what I say, and that the General Assembly was in ear nest in the passage of this militai-y law. In testimony whereof I have hereunto set my hand and caused the great seal of the State to 1)9 affixed at the executive department in Nashville, on the twenty-fifth day of February, 1867. ... j [l.s.] William G. BrowhlOvJ^'- Commander-in- Chief, &k- 3LX. JUDICIAL OPINIONS. THE SUPREME COURT. On Trial by Military Commissions, Dec. 17, 1866. No. 350.— December Term, 1865. Ex parte in matter of Lambdin P. Milligan, pe titioner. On a certificate of division of opinion between the judges of the Circuit Court of the United States for the District of Indiana. Mr. Justice Davis delivered the opinion of the Court. On the 10th day of May, 1865, Lambdin P. Milligan presented a, petition to the circuit court of the United States for the district of In diana to be discharged from an alleged unlawful imprisonment. The case made by the petition is this : Milligan is a citizen of the United States ; has lived for twenty years in Indiana, and at the time of the grievances complained of was not, and never had been, in the military or naval service of the United States. On the 5th day of October, 1864, while at home, he was arrested by order of General Alvin P. Hovey, command ing the military district of Indiana, and has ever since been kept in close confinement. On the 21st day of October, 1864, he was brought before a military commission, convened at Indianapolis by order of General Hovey, tried on certain charges and specifications, found guilty, and sentenced to be hanged, and the sen tence ordefed to be executed on Friday, the 19th day of May, 1865. On the 2d day of January, 1865, after the pro ceedings of the military commission were at an end, the circuit court of the United States for Indiana met at Indianapolis and empanneled a grand jury, who were charged to inquire whether the laws of the United States had been violated, and if so, to make presentments. The court ad journed on the 27th day of January, having prior thereto discharged from further service the grand jury, who did not find any bill of indict ment or make any presentment against Milligan 'for any offense whatever, and, in fact, since nis imprisonment no bill of indictment has been found or presentment made against him by any ^grand jury of the United States. - Milligan insists that said military commission had no jurisdiction to try him upon the charges preferred, or upon any charges whatever ; be cause he was a citizen of the United States and the State of Indiana, and had not been, since the commencement of the late rebellion, a resi dent of any of the States whose citizens were ar rayed against the Government, and that the right of trial by jury was guaranteed to him by the Constitution of the United States. The prayer of the petition was, that under the act of Congress approved March 3, 1863, en titled "An act relating to habeas corpus, and regulating judicial proceedings in certain cases," he may be brought Defore the court, and either tnrned over to the proper civil tribunal, to. be 14 proceeded against according to the law of the land, or discharged from custody altogether. With the petition were filed the order for the commission, the charges and specifications, the findings of the court, with the order of the War Department, reciting that the sentence was ap proved by the President of the United States, and directing that it be carried into execution without delay. The petition was presented and filed in open court by the counsel for Milligan ; at the same time the district attorney of the United States for Indiana appeared, ana, uy tne agreement of counsel, the application was sub mitted to the court. The opinions of the judges of the circuit court were opposed on three ques tions, which are certified to the Supremo Court : 1st. " On the facts stated in said petition and exhibits, ought a writ of habeas corpus to be issued ?" 2d. " On the facts stated in said petition and exhibits, ought the said Lambdin P. Milligan to be discharged from custody, as in said petition prayed?" 3d. " Whether, upon the facts stated in said petition and exhibits, the military commission mentioned therein had jurisdiction legally to try and sentence said Milligan, in manner and form as in said petition and exhibit is stated '!" The importance of the main question presented by this record cannot be overstated ; for it in volves the very framework of the Government and fundamental principles of American liberty. During the late wicked rebellion, the temper of the times did not allow that calmness in de liberation and discussion so necessary to a coi> rect conclusion of a purely judicial question. Then considerations of safety were mingled with the exercise of power, and feelings and interests prevailed which are happily terminated. Now that the public safety is assured, this question, as well as all others, can be discussed and de cided without passion or the admixture of any element not required to form a legal judgment. We approach the investigation of this- case, fully sensible of the magnitude of the inquiry and the necessity of full and cautious deliberation. But we are met with a preliminary objection. It is insisted that the Circuit Court of Indiana had no. authority to certify these questions, and' that we are without jurisdiction to. hear, and determine- them. The sixth section, of. the. "Act to amend the judicial system o£ the United. States,." ap proved April 2&, 1SQ& declares '' that whenever- any question shall1 occur before a circuit court, upon which the- opinions of the. judges shall- b,a. opposed, the pojat upon which the disagreement) shall happen, shall, during the same term, upon, the request; of; either party or their counsels be. stated underi- the direction of tho judges, and, certified; uncjer the seal of the court, to the. Su preme Court, at their next sess on to be held! tfeereaftep, agd shall by the said- Court be finally 409, 210 POLITICAL MANUAL. decided ; and the decision of the Supreme Court and their order in the premises shall be remitted to the circuit court and be there entered of record, and shall have effect according to the nature of the said judgment and order: Provided, That nothing herein contained shall prevent the Cause from proceeding, if, in the opinion of the court, further proceedings can be had without prejudice to the merits." It is under this provision of law that a circuit court has authority to certify any question to the Supreme Court for adjudication. The in quiry, therefore, is, whether the case of Milli gan is brought within its terms. It was admit ted at the bar that the circuit court had juris diction to entertain the application for the writ of habeas corpus and to hear and determine it ; and it could not be denied, for the power is ex pressly given in the 14th section of the judi ciary act of 1789, as well as in the later act of 1863. Chief Justice Marshall, in Bollman's case, (4 Cranch,) construed this branch of the judi ciary act to authorize the courts as well as the judges to issue the writ for the purpose of in quiring into the cause of the commitment ; and this construction has never been departed from. But it is maintained with earnestness and abil ity that a certificate of division of opinion can occur only in a cause ; and that the proceeding by a party moving for writ of habeas corpus does not become a cause until after the writ has been issued and a return made. IndependerKly of the provisions of the act of Congress of March 3, 1863, relating to habeas corpus, on which the petitioner bases his claim for relief, and which we will presently consider, ean this position be sustained ? It is true that it is usual for a court, On appli cation for a writ of habeas corpus, to issue the writ, and on the return to dispose of the case; but the court can elect to waive the issuing of ihe writ and consider whether, upon the facts' E resented in the petition, the prisoner, if brought efore.it, could be discharged. One of the very points. on which the case of Tobias Watkins, re ported :in .3 Peters, turned was, whether, if the writ was issued, the petitioner would be re manded iupoim the case which he had made. The Chief .Justice, in delivering the opinion «f the Court, flaid : " The cause of imprisonment is shown ,as [fully by the petitioner as it could appear, on the .return of the writ ; consequently the writ, ought mot to be awarded if the court is satisfied th'atitihe prisoner would be remanded to prison." The judges ,of the circuit court of Indiana were therefor-evwarranted by an express decision of ..this > Court ,in refusing the writ, if satisfied that the prisoner, on his own showing, was rightfully. detained; but, it is contended, if they differed .about- the lawfulness of the imprison- .ment, and could render no judgment, the pris oner is remediless, and cannot have the disputed question certified .nnder the act of 1802 His remedy is complete by writ of error or appeal, if the court renders a. final judgment refusing to discharge him ; but if ihe should be so unfortu nate as to be placed in, the predicament of hav ing the court divided .©n the question whether Jie should live or die,, he- is hopeless and without remedy. He wishes the vital question settled, not by a single judge at his chambers, but by the highest tribunal known to the Constitution ; and yet the privilege is denied him, because the circuit court consists of two judges inste*. one. Such fe result was not in the contempla tion of the Legislature of 1802, and the language used by it cannot be construed to mean any such thing. The clause under consideration was in troduced to further the ends of justice by obtain ing a speedy settlement of important questions where the judges might be opposed in opinion. The act of 1802 so changed the judicial system that the circuit court, instead of three, was composed of two judges; and without this pro vision,. or a kindred one, if the judges differed, the difference would remain, the question be' un settled, and justice denied. The decisions Of this court upon the provisions of this section have been numerous. In United States vs. Daniel, (6 Wheaton) the court, in holding that a division of the judges on a motion for a new trial could not be certified, say : '" That the question must be one which arises in a case depending before the court relative to a proceeding belonging to the cause." Testing Milligan's case by this'ruTs of law, is it not apparent that it is rightMFv' here, and that we are compelled to an'swerttfs questions on which the judges below Were op posed in opinion ? If, in the 'sense of the law, the proceeding for the writ of habeas corpus was the "cause" of the party applying for it, then it is evident that the '¦ Cause " was pending before the court and that the questions certified arose out of it, belonged to it, and Were mattefs of right and not of discretion. But it is argued that the proceeding does ndi- ripen into a cause until there are two parties to, it. This we deny. It was the co.use of Milliggh when the petition was presented to the circuit court. It would have been the caUSe of b'otfi parties, if the court had issued the writ aitd brought those who held Milligan in custodybe- fofe it. Webster defines tlie word " cause" llraS: "A suit or action in court; any legal process which a party institutes to obtain his demand, or by which he seeks his right, or supposed right" — and he says, "this is a legal, scriptural, and popular use of the word, coinciding neatly with case, from cado, and action, from ago, to urge and drive." in any legal sense, action, suit, and cause are convertible terms. Milligan supposed he Eiatf ft right to test the validity of his trial and sen tence ; and tho proceeding which he set in opera tion for that purpose was his " cause " or "suft.'' It was the only one by which he could re'edtrer his liberty. He was powerle's's to do more; lie could neither instruct the judges nor conttbl their action, and should not suffer, because, with out fault of his, they were unable to redde* a judgment. But the true meaning to fee Eefiii " suit " has been given by this Court. O'tfe of the questions in Weston vs. City Council1 of Charleston (2 PeterB) was, whether a Writ of pro hibition was a suit ; and Chief Justice Marshall says : " The term is certainly a comprehensive one and is understood to apply to any proceed ing in a court of justice by whjch an individuSl pursues that remedy which the law affords him. ' JUDICIAL OPINIONS. 211 .; Certainly Milligan pursued the only remedy which the law afforded him. Again, in Cohens vs. Virginia, (G Wheaton,) he, says : " In law language a suit is the prose cution of some demand in a court of justice." Also, " to commence a suit is to demand some thing by the institution of process in a court of justice ; and to prosecute the suit is to continue that demand." When Milligan demanded his release by the proceeding relating to habeas cor pus he commenced a suit, and he has since prose cuted it in all the ways known to the law. One of the questions in Holmes vs. Jennison (14 Pe ters) was, whether under the 25th section of the judiciary act a proceeding for a writ of habeas corpus was a " suit." Chief Justice Taney held that, " if a party is unlawfully imprisoned, the Writ of habeas corpus is his appropriate legal remedy. It is his suit in eourt to recover his liberty." There was much diversity of opinion on another ground of jurisdiction, but on this, that in the sense of the 25th section of the judi ciary act, the proceeding by habeas corpus was a suit, was not controverted by any except Bald win, Justice, and he thought that " suit " and ,* cause," as used in the seotion, mean the same thing. The court do not say that a return must be made and the parties appear and begin to try the case before it is a suit. When the petition is filed and the writ prayed for, it is a snii— the suit of the party making the application. If it is a suit under the 25th seotion of the judiciary act, when the proceedings are begun, it is, by all the analogies of the law, equally a suit under the 6th section of the act of 1802. But it is argued that there must be two parties to the suit, because the point is to be stated upon the request of " either party or their counsel." Sueh a literal and technical construction would defeat the very purpose the Legislature had in view, which was to ' enable any party to bring the case here, When the point in controversy was a matter of right and not of discretion ; and the words " either party," in order to prevent a failure of justice, must be construed as words of enlargement, and not of restriction. Although this case is here ex parte, it was not considered by the court below without notice having been given to the party supposed to have an interest in the detention of the prisoner. The state ments of the record shdw that this is not only a fair, but conclusive inference. When the coun sel for Milligan presented to the court the peti tion for the writ of habeas corpus, Mr. Hanna, the district attorney for Indiana, also appeared ; and, by agreement, the application was sub mitted to the court, who took the case under advisement, and on the next day announced their inability to agree, and made the certificate. It is clear that Mr. Hanna did not represent the fetitioner, and why is bis appearance entered 1 t admits of no other solution than this — that he was informed of the application, and ap peared on behalf of the Government to contest it. The Government was the prosecutor of Milligan, who claimed that his imprisonment was illegal, and sought, in the only way he could, to recover his liberty. The oase was a grave one ; and the court, unquestionably.directed that the law officer of the Government should be informed of it. He very properly appeared, and as the facts were un- controverted and the difficulty was in the applica tion of the law, there was no useful purpose to be obtained in issuing the writ. The cause was, therefore, submitted to the court, for their con sideration and determination. But Milligan claimed his discharge from custody by virtue of the act of Congress " relating to habeas corpus, and regulating judicial proceedings in certain cases," approved March 3, 1863. Did that act eonfer jurisdiction on the circuit court of In diana to hear this case 1 In interpreting a law, the motives which must have operated with the legislature in passing it are proper to be con sidered . This law was passed in a time of great national peril, when our heritage of free govern ment was in danger. An armed rebellion against the national authority, of greater proportions than history affords an example, was raging; and the public safety required that the privilege of the writ of habeas corpus should be suspended. The President had practically suspended it, and detained suBpected persons in custody without trial ; but his authority to do this was questioned. It was claimed that Congress alone could exercise this power, and that the legislature, and not the President, should judge of the political con siderations on which the right to suspend it rested. The privilege of this great writ had never before been withheld from the citizen; and, as the exigence of the times demanded im mediate action, it was of the highest importance that the lawfulness of the suspension should be fully established. It was under these circum stances, which were such as to arrest the atten tion of the country, that this law was passed. The President was authorized by it to suspend the privilege of the writ of habeas corpus when ever, in his judgment, the public safety required ; and he did, by proclamation, bearing date the 15th of September, 1868, reciting among other things the authority of this statute, suspend it. The suspension of the writ does not authorize the arrest of any one, but simply denies to one arrested the privilege of this writ in order tn obtain bis liberty. It is proper, therefore, to inquire under what circumstances the courts could rightfully refuse to grant this writ, and when the citizen was at liberty to" invoke its aid. The second and third sections of the law are explicit on these points. The language used is plain and direct, and the meaning of the Con gress cannot be mistaken. The public safety de manded, if the Presidentthought proper to arrest a suspected person, that he should not be required to give the cause of his detention on return to a Writ of habeas corpus. But it was not contem- . plated that such person should be detained in custody beyond a certain fixed period, unless certain judicial proceedings known to the com mon law were commenced against him. The Secretaries of State and War were directed to furnish to the judges of the courts of the United States a list of the names of all parties, not pris oners of war, resident in their respective juris dictions, who then were or afterwards should be held in custody by the authority of the Presi dent, and who were citizens of States in which 212 POLITICAL MANUAL. the administration of the laws in the Federal tribunals was unimpaired. After the list was fur nished, if a grand jury of the district convened and adjourned, and did not indict or present one of the persons thus named, he was entitled to his discharge; and it was the duty of the judge of the court to order him brought before him to be discharged, if. he desired it. The refusal or omission to furnish tho list could not operate to the injury of any one who was not indicted or presented by the grand jury ; for if twenty days had elapsed from the time of his arrest and the termination of the session of the grand jury', he was equally entitled to his discharge as if the list were furnished ; and any credible person, on petition verified by affidavit, could obtain the judge's order for that purpose. Milligan, in his application to be released from imprisonment, averred the existence of every fact necessary under the terms of this law to give the circuit court of Indiana jurisdiction. If he was detained in custody by the order of the President, otherwise than as a prisoner of war; if he was a citizen of Indiana, and had never been in the military or naval service, and the grand jury of the district had met, after he had been arrested for a period of twenty days, and adjourned without taking any proceedings against him, then the court had the right to en tertain his petition and determine the lawfulness of his. imprisonment. Because the word "court" is not, found in the body of the second section, it was argued*at the bar that the application should have .been made to a judge of the court, and not to the,.conrt itself ; but this is not so ,- tor power is expressly conferred in the last proviso of the section on the court equally with a judge of it to discharge from imprisonment, it was the manifest design of Congress to secure a certain remedy by which any one deprived of liberty could.obtain it, if there was a judicial failure to find cause of offence against him. Courts are not.alwaysin session, and' can adjourn on the discharge of the grand jury; and before those who are in confinement could take proper steps to procure their liberation. To provide for this contingency, authority was given to the judges out of court to grant relief to any party who could show that, under the law, he should be no longer restrained of his liberty. It was insisted that Milligan's case was defective, because it did not state that the list was furnished to the judges, and, therefore, it was impossible to say under which section of the act it was presented. It is not easy to see how this omission could affect the question of jurisdiction. Milligan could not know that the list was furnished, unless the judges volunteered to tell him ; for the law did not require that any record should be made of it, or anyhody but the judges informed of it. Why aver the fact, when the truth of the matter was apparent to the oourt without an averment? How can Milligan be harmed by the absence of the averment when he states that he was under arrest for more than sixty days before the court and grand jury, which should have considered his ease, met at Indianapolis ? It is apparent, therefore, that under the habeas corpus act of 1863, the circuit court of Indiana had .complete jurisdiction to adjudicate upon this case, and if the judges could not agree on questions vital to the progress of the cause they had the authority, (as we have shown in a previous part of this opinion,) and it was their duty to certify those questions of disagreement to this Court for final decision. It was agreed that a final decision on the questions presented ought not to be made, because the parties who were directly concerned in -the arrest and detention of Milligan were not before the court ; and their rights might be pre judiced by the answer which should be given to those questions But this court cannot know what return will be made to the writ of habeas corpus when issued ; and it is very clear that no one is concluded upon any question that may be raised to that return. In the sense of the law of 1802, which authorized a certificate of division, a final decision means final upon the points cer tified ; final upon the court below, so that it is estopped from any adverse ruling in all the sub sequent proceedings of the cause. But it is said that this case is ended, as the presumption is that Milligan was hanged in pursuance of the order of the President. Although we have no judicial information on the subject; yet the inference is that lie is alive ; for otherwise learned counsel would not appear for him and urge the Court to decide his case. It can never be in this country of written con stitution and laws, with a judicial department to interpret them, that any Chief Magistrate would be so far forgetful of his duty as to order the ex ecution' of a man who denied the jurisdiction ihat tried and convicted him, after his case was before federal judges, with power to decide it, who, being unable to agree on the grave ques tions involved, had, according to known law, sent it to the Supreme Court of the United States for decision. But even the suggestion is injuri ous to the Executive, and we dismiss it from fur ther consideration. There is, therefore, nothing to hinder this Court from an investigation of the merits of this controversy. The controlling question in the case is this.: Upon tn"e facts stated in Milligan's petition, and the exhibits filed, had the military commission mentioned in it jurisdiction legally to try anij sentence him ? Milligan, not a resident of one of the rebellious States, or a prisoner of war, but a citizen of Indiana for twenty years past, and never in the military or naval service, is, while at his home, arrested by the military power of the United States, imprisoned, and, on certain crim inal charges preferred against him, tried, con victed, and sentenced to be hanged by a"rnilitary commission, organized under the direction of the military commander of the military district of Indiana. Had this tribunal the legal powar and authority to try and punish this man ? No graver question was ever considered by this Court, nor one which more nearly concerns the rights of the whole people ; for it is the birth right of every American citizen, when charged with crime, to be tried and punished according to law. The power of punishment is alone through the means which the laws have provided for that purpose, and if they are ineffectual there is an immunity from punishment, no matter how great an offender the individual may be, or how much his orimes may have shocked the sense ol JUDICIAL OPINIONS. 213 justice of the country or endangered its safety. - By the protection of the law human rights are secured; withdraw that protection, and they are at the mercy of wicked rulers, or the clamor of an excited people. If there was law to justify this military trial, it is not our province to in terfere ; if there was not, it is our duty to de clare the nullity of the whole proceedings. The decision of this question does not depend on ar gument or judicial precedents, numerous and highly illustrative as they are. These prece dents inform us of the extent of the struggle to ¦preserve liberty and to relieve those in civil life '.from military trials. The founders of our Gov ernment were familiar with the history of that struggle, and secured in a written constitution every right which the people bad wrested from power during a contest of ages. By that Con stitution, and the laws authorized by it, this question must be determined. The provisions of that instrument on the administration of crim inal justice are too plain and direst to leave room for misconstruction or doubt of their true meaning. Those applicable to this case are ; found in that clause of the original Constitution which says, "that the trial of all crimes, ex cept in case of impeachment, shall be by jury ;" and in the fourth, fifth, and sixth articles of the amendments. The fourth proclaims the right to be secure in person and effects against unreason able search and seizure; and directs that a judi cial warrant shall not issue " without proof of probable cause supported by »ath or affirmation." ¦The fifth declares " that no person shall be held to answer for a capital or otherwise infamous crime unless on presentment by a grand jury, ©xcept 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 be deprived of life, liberty, or property without due process of law." And the sixth guaranties the right of trial by jury in such manner and with such regulations that with upright judges, impartial juries, and an able bar, the innocent will be saved and the guilty punished. It is in these words : " In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an im partial jury of the State and district wherein the crime shall have been committed, which dis trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the wit nesses against them, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence." These securities for personal liberty thus embodied, were such as wisdom and experience had demon strated to be necessary for the protection of those accused of crime. And so strong was the sense of the country of their importance, and so jealous were the people that these rights, highly prized, might be denied them by implication, that when the original Constitution was proposed for adop tion, it encountered severe opposition, and, but for the belief that it would be so amended as to embrace them, it would never have been ratified. Time has proven the discernment of our an cestors ; for even these provisions, expressed in such plain English words that it would seem the ingenuity of man could not evade them, are now, after the lapse of more than seventy years, sought to be avoided. Those great and good men foresaw that troublous times would arise, when rulers and people would become restive under restraint, and seek, by Bharp and decisive meas ures, to accomplish ends deemed just and proper, and that the principles of constitutional liberty would be in peril, unless established by irrepeal- able law. The history of the world had taught them that what was done in the past might be attempted in the future. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doc trine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of Government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false ; for the Government, within the Consti tution, has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. Have any of the rights guarantied by the Constitution been violated in the case of Milli gan ? and, if so, what are they ? Every trial involves the exerciso of judicial power ; and from what source did the military commission that tried him derive their authority ? Certainly no part of the judicial power of the country was conferred on them, because the Constitution ex pressly vests it " in the Supreme Court and such inferior courts as the Congress may, from time to time, ordain and establish," and it is not pre tended that the commission was a court ordained and established by. Congress. They cannot jus tify on the mandate of the President, because he is controlled by law, and has his appropriate sphere of duty, which is to execute, not to make the laws; and there is "no unwritten criminal code to which resort can be had as a source of jurisdiction." But it is said that the jurisdiction is complete under the " laws and usages of war." It can serve no useful purpose to inquire what those laws and usages are, whence they origina ted, where found, and on whom they operate ; they can never be applied to citizens in States which have upheld the authority of the Govern ment, and where the courts are open and their process unobstructed. This Court has judicial knowledge that in Indiana the Federal authority was always unopposed, and its courts always open to hear criminal accusations and to redress grievances ; and no usage of war could sanction a military trial there, for any offence whatever, of a citizen in civil life, in no wise connected with the military service. Congress could grant no such power ; and, to the honor of our Na tional* Legislature be it said, it has never been provoked by the state of the country even to at tempt its exercise. One of the plainest consti tutional provisions was, therefore, infringed when Milligan was tried by a court not ordained and established by Congress, and not composed of judges appointed during good behavior. Why was he not delivered to the circuit court of In diana, to be proceeded against according to law? 2J 4 POLITICAL MANUAL. No reason of necessity" could be urged against it, because Congress had declared penalties against the offences charged, provided for their punish ment, and directed that court to hear and deter mine them. And soon after this military tribu nal was ended the circuit court met, peacefully transacted its business, and adjourned. It needed no bayonets to protect it. and required no mili tary aid to execute its judgments. It was held in a State eminently distinguished for patriotism by judges commissioned during the rebellion, who were provided with juries, upright, intelli gent, and selected by a marshal appointed by the President. The Government had no right to conclude that Milligan, if guilty, would not receive in that court merited punishment, for its records disclose that it was constantly engaged in the trial of similar offences, and was never in terrupted in its administration of criminal jus tice. If it was dangerous in the distracted con dition of affairs to leave Milligan unrestrained Government, afforded aid and comfort to rebels, of his liberty because he " conspired against the and incited the people to insurrection," the law said arrest him, confine him closely, render him powerless to do further mischief, and then pre sent his case to the grand jury of the district, with proofs of his guilt, and, if indicted, try him according to the course of the common law. If this had teen done the Constitution would have been vindicated, the law of 1863 enforced, and the securities for personal liberty preserved and defended. Another guaranty of freedom was broken when Milligan was denied atrial by jury. The great minds of the country have differed on the correct interpretation to be given to various pro visions of the Federal Constitution ; and judicial decision has bean often invoked to settle their true meaning; but until recently no one ever doubted that tho right of trial by jury was forti fied in the organic law against tWpower of at tack. It is now assailed ; but, if ideas can be expressed in words, and language has any mean ing, this right — one of the "most valuable in a free country — -is preserved to every one accused of crime who is not attached to the army or navy, or militia in actual service. The sixth amendment affirms that " in all criminal prose cutions the accused shall enjoy the right to a speedy and public trial by an impartial jury," language broad enough to embrace all persons and cases ; but the fifth, recognizing the neces sity of an indictment, or presentment, before any one can be held to answer for high Crimes "ex cepts eases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger ;" and the framers of the Constitution doubtless meant to limit the right of trial by jury, in the sixth amendment, to those persons who were subject to indictment or presentment in the fifth. The discipline necessary to ' the efficiency of the army and navy required other and swifter modes of trial than are furnished by the common law courts ; and, in pursuance of the power con ferred by the Constitution , Congress has declared the kinds of trial, and the manner in whioh they shall be conducted, for offences committed while the party is in the military or naval service. Every one connected with these branches of the public service is amenable to the jurisdiction. « which Congress has created for their government, and while thus serving, surrenders his right to be tried by the civil courts. All other persons, citizens of States where the courts are open, if.- charged with crime, are guarantied the inesti- ; mable privilege of trial by jury. This privilege- is a vital principle, underlying the whole admin istration of criminal justice ; it is not held by sufferance, and cannot be frittered away on any plea of State or political necessity. When peace * prevails, and the authority of trie Government is undisputed, there is no difficulty of preserving the safeguards of liberty ; for the ordinary modes of trial are never neglected, and no one wishes it otherwise. But if society is disturbed by civil commotion — if the passions of men are aroused and the restraints of law weakened, if not dis regarded — these' safeguards need, and should re ceive, the watchful care of those entrusted with the guardianship of the Constitution and laws. In no other way can we transmit to posterity unimpaired the blessings of liberty, consecrated- by the sacrifices of the Revolution. It is claimed that martial law covers with its broad mantle the proceedings of this military commission. The proposition is this: That in a time of war the commander of an armed force (if, in his opinion, the exigencies of the country demand it, and of which he is to judge,) has the power, within the lines of his military district, to suspend all civil rights and their- remedies-, and subject citizens as well as soldiers te the rule of his will ; and in the exercise of his- lawful au thority cannot be restrained, except by hie su perior officer or the President of the United States. If this position is sound to the extent claimed, then when war exists, foreign or domes tic, and the country is subdivided into military departments for mere convenience, the com mander of one of them can, if he chooses, within his limits, on the plea of necessity, with the afir proval ofthe Executive, substitute military force for and to the exclusion of the laws, and punish all persons as he thinks right and proper, without fixed or certain rules. The statement of this proposition shows its4 importance ; for, if true, republican government is a failure, and there. is an end of liberty regu lated by law. Martial law, established on such a basis, destroys every guarantee of the Consti tution, and effectually renders the " military independent of and superior to the civil power M — the attempt to do which by the King of Great Britain was deemed by our fathers such an offenoe that they assigned it to the world as one of tha causes which impelled them to declare their in dependence. Civil liberty and this kind of martial law cannot endure together ; the antag* onism is irreconcilable, and in the conflict oua or the other must perish. This nation, as experience has proved, capnnt always remain at peace, and has no right to oxh peet that it will always have wise and humane rulers, sincerely attached to the principles pJ° the1 Constitution. Wicked men, ambitious of power,1 with hatred of liberty, and contempt of, la'", may fill the placo once occupied by Wa-hinatM* and Lincoln • and, if this right is 'conceded, »'A JUDICIAL OPINIONS. 21 5 the calamities of war again befall ns, the dan- gars to human liberty are frightful to contem plate. If our fathers had failed to provide for jttst such a contingency, they would have been false to the trust reposed in them. They knew —the history of the world told them — the na tion they were founding, be its existence short Qr long, would be involved in war — how often, orbow long continued, human foresight could got tell — and that unlimited power, wherever lodged at such a time, was especially hazardous to freemen. For this and other equally weighty reasons, they secured the inheritance they nad fought to maintain, by incorporating in a writ ten constitution the safeguards which time had proved essential to its preservation. Not one of tjhese safeguards can the President, or Congress, or the judiciary disturb, except the one concern- bag the writ of habeas corpus. It is essential to the safety of every govern ment that, in a great crisis like the one we have just passed --through, there should be a power somewhere of suspending the writ of habeas cor pus. In eyery war there are men of previously good character wicked enough to counsel their fellow citizens to resist the measures deemed necessary by a good government to sustain its j ust authority and overthrow its enemies, and their influence may lead to dangerous combinations. In the emergency of the times an immediate public investigation, accqrdiog to law, may not he possible, and yet the peril to the country may he too imminent to suffer such persons to go at large. Unquestionably, there is then an exi gency which demands that the Government, if it should see fit, in the exercise of a proper dis cretion, to make arrests, should not be required to produce the persons arrested in answer to a wjit of habeas corpus. Tho Constitution goes no further. It does not say after a writ of habeas corpus is denied a citizen, that he shall be tried otherwise than by the course of the common law.; if it had intended this result, it was easy by the use of direct words to have accomplished it. The illustrious men who framed that instru ment were guarding tlie foundations of civil lib erty against the abuses of unlimited power; tb,ey were full of wisdom, and the lessons of his tory informed them that a trial by an established court, assisted by an impartial jury, was the only sure way of protecting the citizen against oppression and wropg, Knowing this, they lim ited the suspension to one great right, and left the rest to remain forever inviolable. But it is insisted that tho safety of the country in time of War demands that this broad claim for martial law shall be sustaiued. If this were true, i't could be well said that a country preserved at the sacrifice of all the cardinal principles of lib erty is. not worth the cost of preservation. Hap pily it is not so, It will be borne in mind that this is not a question of the power to proclaim martial law, when war exists in a community and the courts and civil authorities are overthrown. Nor is it a question what rule a military commander, at the head of his army can impose on States in rebellion to cripple their resources and quell the insurrection. Tlie jurisdiction claimed is much more extensive The necessities of the service | during the late rebellion required that the loyal States should be placed within the limits of cer tain military districts, and commanders appointed in them ; and it isxurged that this, in a military sense, constituted them the theatre of military operations, and, as in this case, Indiana had been and was again threatened with invasion by the enemy, the occasion was furnished to establish martial law. The conclusion does not follow from the premises. If armies were collected in Indiana, they were to be employed in another locality, where the laws were obstructed and the national authority disputed- On her soil there was no hostile foot ; if once invaded, that inva sion was at an end, and with it all pretext for martial law. Martial law cannot arise from a threatened invasion. The necessity must be actual and present, the invasion real — such a9 effectually clsses the courts and deposes the civil administration. It is difficult to see how the safety of the coun try required martial law in Indiana. If any of her citizens were plotting treason, the power of arrest could secure them until the Government was prepared for their trial, when the courts were open and ready to try them. It was as easy to protect witnesses before a civil as a mili tary tribunal ; and, as there could be no wish to convict, except upon sufficient legal evidence, surely an ordained and established court was better able to judge of this than a military tri bunal, composed of gentlemen not trained to the profession of the law. It follows, from what has been said on this subject, that there are peccasions when martial rule can be properly applied. If in foreign in vasion or civil war the courts are actually closed, and it is impossible to administer criminal jus tice according to law, then on the theater of act ive military operations, where war really pre- > vails, there is a, necessity to furnish a substitute for the civil authority thus overthrown to pre serve the safety of the army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free cour.se. As necessity creates the rule, so it limits its duration ; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist Tvhere the courts are open, and in the § roper and unobstructed exercise of their juris- iction. It is also confined to the, locality of actual war. Because during the late rebellion it could have been enforced in Virginia, where the national authority /was overturned and the courts driven out, k does n«t follow that it should obtain in Indiana, where that authority was never disputed, and justice was always adminis tered. And so in tlie case of a foreign invasion, martial rule may become a necessity in one State, when in another it would be " mere law less violence." We are not without precedents in English and Ameriean history illustrating our views of this question ; but it is hardly necessary to make particular reference to them. From the first year of the reign of Edward the Third, when the Parliament of Engknd reversed the attainder of the Earl of Lancaster, because he could have been tried by the courts of Uio realm, and declared " that in time of peace no 216 POLITICAL MANUAL. man ought to be adjudged to death for treason or any other offence, without being arraigned and held to answer, and that regularly when the king's courts are open it is a time of peace in judgment of law," down to the present day, martial law, as claimed in this case, has been condemned by all respectable English jurists as contrary to the fundamental laws of the land, and subversive of the liberty of the subject. During the present century, an instructive debate on this question occurred in Parliament, occasioned by the trial and conviction by court martial at Demarara of the Rev. John Smith, a missionary to the negroes, on the alleged ground of aiding and abetting a formidable rebellion in that colony. Those eminent statesmen, Lord Brougham and Sir James Macintosh, partici pated in that debate, and denounced the trial as illegal, because it did not appear that the courts pf law in Demarara could not try offences, and that " when the laws can act every other mode of punishing supposed crimes is itself an enor mous crime. ' So sensitive were our Bevolutionary fathers on this subject, although Boston was almost in a state of siege when General Gage issued his proclamation of martial law, they spoke of it as an " attempt to supersede the course of the com mon law, and instead thereof to publish and order the use of martial law." The Virginia Assembly also denounced a similar measure on the part of Governor Dunmore " as an assumed power, whieh the king himself cannot exercise, because it annuls the law ofthe land and intro duces the most execrable of all systems, martial law." In some parts of the country, during the war of 1812, our officers made arbitrary arrests, and by military tribunals tried citizens who were not in the military service. These arrests and trials, when brought to the notice of the courts, were uniformly condemned as illegal. The cases of Smith vs. Shaw, and McConnell vs. Hampton, (reported in 12 Johnson,) are illustrations which we cite, not only for the principles they deter mine, but on account of the distinguished jurists concerned in thedecisions, oneof whom formany years occupied a seat on this bench. It is contended that Luther vs. Borden, de cided by this court, is an authority for the claim of martial law advanced in this case. The de cision is misapprehended. I'hat case grew out ofthe attempt in Rhode Island to supersede the old colonial government by a revolutionary proceeding. Rhode Island at that period had no other form of local government than the char ter granted by King Charles II in 1663, and as that limited the right of suffrage, and did not provide for its own amendment, many citizens became dissatisfied because the Legislature would not afford the relief in their power, and without the authority of law formed a new and inde pendent constitution, and proceeded to assert its authority by force of arms. The old govern ment resisted this, and as the rebellion was for midable, called out the militia to subdue it, and passed an act declaring martial law. Borden, in the military service of the old gov ernment, broke open the house of Luther, who supported the new in order to arrest him. Lu ther brought suit against Borden, and the ques> . tion was, whether, under the constitution and laws of the State, Borden was justified. This : court held that a State "may use its military power to put down an armed insurrection too >; ¦ strong to be controlled by the civil author-j; ity," and if the Legislature of Rhode Island?, : thought the peril so great as to require the use ". '• of its military forces and the declaration of mar- :- tial law, there was no ground on which this court could question its authority, and as Borden C ! acted under military orderB of the charter gov ernment, which had been recognized by the po-L '. litical power of the country, and was upheld by the State judiciary, he was justified in breaking v , into and entering Luther's house. This is( the .; extent of the decision. There was no question : in issue about the power of declaring martial law under the Federal Constitution, and the court did not consider necessary even to inquire . " to what extent nor under what circumstances; that power may be exercised by a Stats." We do not deem it important to examine fur- .' ' ther the adjudged cases; and shall, therefore, c ; conclude without any additional reference to ' authorities. To the third question, then, on which the judges below were opposed in opin-. ion, an answer in the negative must be returned. -' It is proper to say, although Milligan's trial ? and conviction by a military commission was .. illegal, yet, if guilty of the crimes imputed to i > him, and his guilt had been ascertained by an established court and impartial jury, he deserved '( [ severe punishment. Open resistance to measures ' deemed necessary to subdue a great rebellion by those who enjoy the protection of government,- . and have not the excuse even of prejudice of1. section to plead in their favor, is wicked; but . that resistance becomes an enormous crime when it assumes the form of a secret political organization armed to oppose the laws, and seeks'.. : i by stealthy means to introduce the enemies of the country into peaceful communities, there to.' light the torch of civil war, and thus overthrow.!-' '. the pow/sr of the United States. Conspiracies like these, at such a juncture, are extremely;;! '. perilous ; and those concerned in them are dan gerous enemies to-their country, and should re ceive the heaviest penalties of the law, as an ex- ' ample to deter others from similar criminal con-:.1 duct. It is said the severity of the laws caused them ; but Congress was obliged to enact severer laws to meet the crisis ; and as our highest civil duty is to serve our country, when in danger/ 1' ' the late war has proved that rigorous laws, wheni'. . necessary, will be cheerfully obeyed by a patri otic people, struggling to preserve the rich blessw-iT i ings of a free government. '"•" ' The two remaining questions in this case must ' be answered in the affirmative. The suspensions..1 ! of the privilege of the writ of habeas^corpus does'" not suspend the writ itself. The writ issues as a : matter of course; and on the return made to it, - - the court decides whether the party applying is denied the right of proceeding any further with '< < it. ; If the military trial of Milligan was contrary ' ' to law, then he was entitled on the facts stated' ' in his petition, to be dischargedfrom custody by the terms of the act of Congress of March 3, 1863 JUDICIAL OPINIONS. 217 'flie provisions of this law having been consid ered in a previous part ot this opinion, we will not restate the views there presented. Milligan avers he was a citizen of Indiana, not in the mil itary or naval service, and was detained in close confinement, by order of the President, from the 5th day of October, 1864, until the 2i day of January, 1865, when the circuit court for the district of Indiana, with a grand jury, convened in. session at Indianapolis, and afterwards, on the 27th day of the same month, adjourned without finding an indictment or presentment against him. If these averments were true, (and their truth is conceded for the purposes of this case,) the'eourt was required to liberate him on taking certain oaths prescribed by the law, and enter ing into recognizance for his good behavior. But itre insisted that Milligan was a prisoner of war, and, therefore, excluded from the privileges of the statute. It is not easy to see how he can be treated as a prisoner of war, when he lived in Indiana for the past twenty, years, was arrested there, and had not been, during the late troubles, a resident of any of the States in rebellion. If, in Indiana, he conspired with bad men to assist the enemy, he is punishable for it in the courts of Indiana ; but, when tried for the offence, he cannot plea 1 the rights of war, for he was not engaged in legal acts of hostility against the Government, and only such persons, when cap tured, are prisoners of war. If he cannot enjoy (he immunities attaching to the character of a prisoner of war, how can he be subject to theit jvains and penalties? This case, as well as the kindred cases of Bowles «,ad Horsey, were disposed of at the last term, and Che proper orders were entered of record. There i*J therefore, no additional entry required. i dissenting opinion. Mr. Chief Justice Chase delivered the follow- i agiopinion : Four members of the court concurring with their brethren in the ordei heretofore made in this cause, but unable to concur in some impor- . tant'particulars with the opinion which has just been read, think it their duty to make a separate statement of their views of the whole case. We do not doubt that the circuit court for the district of Indiana had jurisdiction of the peti tion of Milligan for the writ of habeas corpus. Whether this Court has jurisdiction upon the certificate of division admits of more question. The construction of the act authorizing such cer tificates which has hitherto prevailed here, de nies jurisdiction in cases where the certificate brings up the whole cause before the court. But none of the adjudicated cases are exactly in point, and we are willing to resolve whatever doubt may exist in favor of the earliest possible answers to questions involving life and liberty. We agree, therefore, that this Court may prop erly answer questions certified in such a case as, that before us. The crimes with which Milligan was charged were of the gravest character, and the petition and exhibits in the record, which must here be taken as true, admit his guilt. But whatever his desert of punishment may be, it is more im portant to the country and to every citiwu that he should not be punished under an illu^al sen tence, sanctioned by this Coui t of last resort, than that he should be punished at all. The laws which protect the liberties of the whole people must not be violated or set aside in order to inflict even upon the guilty, unauthorized, though merited justice. The trial and sentence of Milligan were by military commission convened in Indiana during the fall of 1864. The action of tho commission had been under consideration by President Lin coln for some time, when he himself became the victim of an abhorred conspiracy. It was ap proved by his successor in May, 1865, and the sentence was ordered to be carried into execu tion. The proceedings, therefore, had the fullest sanction of the executive department of the Gov ernment. This sanction requires the most respectful and the most careful consideration of this Court The sentence which it supports must not be set aside except upon the clearest conviction that it can not be reconciled with the Constitution and the constitutional legislation of Congress. We must inquire, then, what constitutional or statutory provisions have relation to this mili tary proceeding. The act of Congress of March 3d, 1863, com prises all the legislation which seems to require consideration in this connection. The constitu tionality of this act has not been questioned, and is not doubted. The .first section authorized the suspension during the rebellion of the writ of habeas corpus throughout the United States by the President. The two nex,t sections limited this authority in important respects. The second section required that lists of all persons, being citizens of States in which the administration of the laws had continued unim paired in the Federal courts, who were then held or might thereafter be held as prisoners of the United States, under the authority of the Presi dent, otherwise than as prisoners of war, should be furnished to the judges of the circuit and dis trict courts. The lists transmitted to the judges were to contain the names of all persons residing within their respective jurisdictions, charged with violation of national law. And it was re quired, in cases where the grand jury in attend ance upon any of these courts should terminate its session without proceeding by indictment or otherwise against any prisoner named in the list, that the judge of the court should forthwith make an order that such prisoner, desiring a dis charge, should be brought before him or the court to be discharged, on entering into recogniz ance, if required, to keep the peace and for good behavior, or to appear, as the court may direct, to be further dealt with according to law. Every officer of the United States, having cUstody of such prisoners, was required to obey and execute the judge's order, under penalty, for refusal or delay, of fine and imprisonment. The third section provided, in case lists of per sons other than prisoners of war then held in confinement, or thereafter arrested, should not be furnished within twenty days after the pas sage of tho act, or, in cases of subsequent arrest, within twenty days after the time of arrest, that any citizen, after the termination of a session of 218 POLITICAL MANUAL. the grand jury without indictment or present ment, might, by petition alleging the facts, and verified by oath, obtain the judge's order of dis charge in favor of any person so imprisoned, on the terms and conditions prescribed in the second section. It. was made the duty of the district attorney of the United States to attend examinations on petitions for discharge. It was under this act that Milligan petitioned the circuit court for the district of Indiana for discharge from imprisonment. The holding of the circuit and district courts of the United States in Indiana had been unin terrupted. The administration of the laws in the Federal courts had remained unimpaired, Milli gan was imprisoned under the authority ,of the President, and was not a prisoner of war No list of prisoners had been furnished to thejudges either of the district or circuit courts, as required by the law. A grand jury had attended the circuit courts of the Indiana district while Milli gan was there imprisoned, and had closed its ses sion without finding any indictment or present ment, or otherwise proceeding against the pris oner. His case was thus brought within the precise letter and intent of the act of Congress, unless it can be said that Milligan was not' imprisoned by authority of the President, and nothing of this sort was claimed in argument on the part of the Government. It is clear upon this statement _ that the cir cuit court was bound to hear Milligan's petition for the writ of habeas corpus, called in the act an order to bring the prisoner before the judge or the court, and to issue the writ, or, in the lan guage ofthe act, to make the order. The first question therefore — Ought the writ to issue ? — must be answered in the affirmative. And it is equally dear that he was entitled to the discharge prayed for. It must be borne in mind that the prayer of the petition was not for an absolute discharge, but to be delivered from military custody and imprisonment, and if found probably guilty of any offence, to be turned over to the proper tri bunal for inquiry and punishment ; or, if not found thus probably guilty, to be discharged al together. And the express terms of the act of Congress required this action of the court. The prisoner must be discharged on giving such recognizance as the court should require, not only for good behavior, but for appearance, as directed by the court, to answer and be further dealt with according to law. The first section of tho act authorized the sus pension of the writ of habeas corpus generally throughout the United States. The second and third sections limited this suspension in certain cases within States where the administration of justice by the Federal courts remained unimpair ed. In these cases the writ was still to issue, and under it the prisoner was entitled to his discharge by a circuit or district judge or court, unless held to bail for appearance to answer charges. No other judge or court could make an order of dis charge under the writ. Except under the cir- sumstances pointed out by the act, neither circuit nor district judge or court could make such an order. But under those circumstances the writ must be issned, and the relief from imprisonment directed by the act muet be afforded. The com mands of the act were positive, and left no dis cretion to court or judge. An affirmative answer must, therefore, be given to the second question, namely, Ought Milligan to be discharged according to the prayer of the petition ? That the third question, namely, Had the military commission in Indiana, under the facts ¦ stated , jurisdiction to try and sentence Milligan? must be answered negatively, is an unavoidablp inference from affirmative answers to the gtljej two. The military commission could not have juris diction to try and sentence Milligan, if he coukj not be detained Jn prison under his original ar rest or under sentence, after the close of a session of the grand jury, without indictment or other - proceedings against him. Indeed, the act seems to have been framed on purpose to secure the trial of all offences of qt}? ' zens by civil tribunals in States fljhere these tribunals were not interrupted in the regular exercise of their functions. Under it, in such States, the privilege of the writ might be suspended. Any person regarded as dangerous to the public safety might De. ar rested and detained until after the session of a grand jury. Until after such session no person arrested could have the benefit of the writ, and even then no such person could be discharged, except on such terms as to future appearance: ail the court might impose. These provisions ob viously contemplate no other trial or sentenoa." than that of a civil court, and we could not as sert the legality of a trial and sentence by a military commission, under the circumstancen specified in the act and described in the petition, without disregarding the plain directions of Con gress. We agree, therefore, that the two first que?-, tions certified must receive affirmative answers,'-' and the last a negative. We do not doubt thai the positive provisions of the act of Congress require such answers. We do not think it neces sary to look beyond these provisions. In them ' we find sufficient and controlling reasons for our conclusions. But the opinion which has just been read goe? further, and, as we understand it, asserts not only that the military commission held in Indi ana was not authorized by Congress, but that it was not in the power of Congress to authorize it, from which it may be thought to follow that Congress has no power to indemnify the officers who composed the commission against liability :;[ in civil courts for acting as members of it. ' : We cannot agree to this. We agree in the proposition that no depart? ment of the Government of the United States-' neither President nor Congress nor the courts —possess any power not given by the GpnstHu? tjon. We assent fully fo all that is said in the ophji' ion of the inestimable value of trial by jury aiid of the other constitutional^ safeguards of civil liberty ; and we concur also in what is said. a| JUDICIAL OPINIONS. 219 tlje writ of habeas corpus and of its suspension, with two reservations: (1.) That, in our judg ment, when the writ is suspended, the Execu tive is authorized to arrest as well as to detain ; and, (2,) that there are cases in which, the priv ilege of the writ being suspended, trial and pun ishment by military commission, in States wnere civil courts are open, may be authorized by Con gress, as well as arrest and detention. We think that Congress had power, though not exercised, to authorize the military commission which was held in Indiana. We do not think it necessary to discuss at large the grounds of our conclusions. We will briefly indicate some of them. The Constitution itself provides for military government as well as for eivil government ; ana we do not understand it to be claimed that the civil safeguards of the Constitution have applir cation in cases within the proper sphere of the former. What, then, is that proper sphere ? Congress has power to raise and support armies ; to pro? vide and maintain a navy ; to make rules for the government and regulation of the land and naval forces, and to provide for governing such part of the militia as may be in the service of the Uni ted .States. It is not denied that the power to make rules for the government of the army and navy is a power to provide for trial and punishment by military courts without a jury. It has been so understood and exercised from the adoption of the Constitution to the present time. Nor, in our judgment, does the fifth or any other amendment abridge that power. " Cases arising in the land and naval forces, or in the militia in actual service in time of war or public danger," are expressly excepted from the fifth amendment, ''that no person shall be held to anawer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury," and it is admitted that the exception ap plies to the other amendments as well as to the fifth. Now we understand' this exception to have the same import and effect as if the powers of Con gress in relation to the government of the army and navy and the militia had been recited in the amendment, and cases within those powers had been expressly excepted from its operation. The States, most jealous of encroachments upon the liberties of the citizen when proposing addi tional, safeguards in the form of amendments, excluded specifically from their effect cases aris ing in the government of the land and naval forces. Thus Massachusetts proposed that " no person shall be tried for any crime by whieh he would incur an infamous punishment or loss of life until he be first indicted by a grand jury, except in such cases as may arise in the govern ment and regulation of the land forces. The exception in similar amendments proposed by New York, Maryland, and Virginia, was in the same or equivalent terms. The amendments pro posed by the States were considered by the First Congress, and such as were approved in sub stance were put in form, and proposed by that body to the States. Among those thus proposed, and subsequently ratified, was that which now stands as th* filth amendment of the Constitu tion. We cannot doubt that this amendment was intended to have the same force and effect as the amendment proposed by the States. We cannot agree to a construction which will im pose on the exception in the fifth amendment a sense other than that obviously indicated by ac tion of the State conventions. We think, therefore, that the power of Con gress in the government of the land and naval forces and of the militia, is not at all affected by the fifth or any other amendment. It is not ne cessary to attempt any precise definition of the boundaries of this power. But may it not be said that government includes protection and defence as well as the regulation of internal ad ministration? And is it impossible to imagine cases in which citizens conspiring or attempting the destruction or great injury of the national forces may be subjected by Congress to military ' trial and punishment in the just exercise of this undoubted constitutional power? Congress is but the agent of the nation, and does not the security of individuals against the abuse of this, as of every other power, depend on the intel ligence and virtue of the people, on their zeal for public and private liberty, upon official re sponsibility secured by law, and upon the fre quency of elections, rather than upon doubtful constructions of legislative powers? But we do not put our opinion, that Congress might authorize such a military commission as was held in Indiana, upon the power to provide for the government of the national forces. Congress has the power not only to raise and support and govern armies, but to declare war. It has, therefore, the power to provide by law for carrying on war. This power necessarily extends to all legislation essential to the prose cution of war with vigor and success, except such as interferes with the command of the forces and the conduct of campaigns. That power and duty belong to the President as Commander-in-Chief, Both these powers are derived from the Consti tution, but neither is defined by that instru ment. Their extent must be determined by their nature, by the laws of nations, and by the prin ciples of our institutions. The power to make the necessary laws is in Congress ; the power to execute, in the President. Both powers imply many subordinate and aux iliary powers. Each includes all authorities essential to its due exercise. But neither can the President, in war more than in peace, intrude upon the proper authority of Congress, nor Con gress upon the proper authority of the President. Both are servants of the people, whose will is expressed in the fundamental law. Congress cannot direct the conduct of campaigns, nor can the President, or any commander under him, without the sanction of Congress, institute tri bunals for the trial and punishment of offences, either of soldiers or civilians, unless in cases of a controlling necessity, which justifies what it compels, or at least ensures acts of indemnity from the justice of the Legislature. We by no means assert, that Congress cm es tablish and apply the laws of war where no war has been declared or exists. Where peace exists the laws of peace must 220 POLITICAL MANUAL. prevail. What we do maintain is, that when the nation is involved in war, and some portions of the country are invaded, and all are exposed to invasion, it is within the power of Congress to determine in what States or districts such great and imminent public danger exists as justifies the authorization of military tribunals for the trial of crimes and offences against the discipline or security of the army, or against the public safety. In Indiana, for example, at the time of the arrest of Milligan and his co-conspirators, it is established by the papers in the record, that the State was a military district, was the theatre of military operations, had been actually invaded, and was constantly threatened with invasion. It appears, also, that a powerful secret association, composed of citizens and others, existed within ' the State, under military organization, conspiring against the draft, and plotting insurrection, the liberation of the prisoners of war at various depots, the seizure of the State and national ar senals, armed co-operation with the enemy, and war against the National Government. We cannot doubt that, in such a time of public danger, Congress had power, under the Consti tution, to provide for the organization of a mili tary commission, and for trial by that commission of persons engaged in this conspiracy. The fact that the Federal courts were open was regarded by Congress as a sufficient reason for not exer cising the power ; but that fact could not deprive Congress of the right to exercise it. Those courts might be open and undisturbed in the execution of their functions, and yet wholly incompetent to avert threatened danger, or to punish, with adequate promptitude and certainty, the guilty conspirators. In Indiana the judges and officers of the courts were loyal to the Government. But it might have been otherwise. In times of rebellion and civil war it may often happen, indeed, that judges and marshals will be in active sympathy with the rebels, and courts their most efficient allies. We have confined ourselves to the question of power. It was for Congress to determine the question of expediency. And Congress did de termine it. That body did not see fit to authorize trials by military commission in Indiana, but by the strongest implication prohibited them. With that prohibition we are satisfied, and should have remained silent if the answers to the questions certified had been put on that ground, without denial of the existence of a power which .we believe to be constitutional and important to the public safety — a denial which, as we have already suggested, seems to draw in question the power of Congress to protect from prosecution the mem bers of military commissions who acted in obedi ence to their superior officers, and whose action, whether warranted by law or not, was approved by that upright and patriotic President under whose administration the Republic was rescued fromthreatened destruction. We have thus far said little of martial law, nor do we propose to say much. What we have already said sufficiently indicates our opinion that there is no law for the government of the citizenB, the armies, or the navy of the United States, within American jurisdiction, which, is. not contained in or derived from the Constiitii tion. And wherever our army or navy may go, beyond our territorial limits, neither can go beyond the authority of the President or the legislation of Congress. There are under the Constitution three kinds of military jurisdiction — one to be exercieed.both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within States or districts occupied by rebels treated as belligerents ; and a third to' he exercised in time of invasion or insurrection^ within the limits of the United States, or during rebellion within the limits of States maintaining adhesion to the National Government, when the' public danger requires its exercise. The. first of these may be called jurisdiction under mili tary law, and is found in acts of Congress 'pre scribing rules and articles of war, or otherwise providing for the government of the national forces ; the second may be distinguished as milf taet government, superseding, as far as. may, be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third may' be denominated martial law proper, and is called into action by Congress, or temporarily, when. the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequate ly secures public safety and private rights. We think that the power of Congress, in such' times and in such localities, to authorize trials, for crimes against the security and safety of the; national forces, may be derived from its consti-; tutional authority to' raise and support armies and to declare war, if not from its constitutional authority to provide for governing the national- forces. , , We have no apprehension that this power, un- ; der our American system of government,; in; which all official authority is derived from the people, and exercised under direct responsibility, to the people, is more likely to be abused thatt the power to regulate commerce or the power tp- borrow money. And we are unwilling, to give', our assent by silence to expressions' oi opinio* which seem to us calculated, though not intended, , to cripple the constitutional powers of the Gov ernment, and to augment the public dangers in times of invasion and rebellion. Mr. Justice Wayne, Mr. Justice Swayrie, and' Mr. Justice Miller concur with me in these views. On the Missouri Constitutional Test Oath of loy* alty, January 14, 1867. Mr. Justice Field delivered the opinion of the'. Court in the case of John A. Cummings vs. Zfti', State of Missouri. This case comes before us on a writ of error to.' the supreme court of Missouri, and involves a' consideration of the test oath imposed by the' constitution of that State. The plaintiff in error.. is a priest of the Roman Catholic Church, aiifl, was indicted and convicted, in one of the circuit* JUDICIAL OPINIONS. 221 courts of that State, of the crime of teaching and preaching, as a priest and minister of that relig- ipuB denomination, without having first taken the oath, and was sentenced to pay a fine of $500, and to be committed to jail until the same was paid. On appeal to the supreme court of the State, the judgment was affirmed. The oath prescribed by the constitution, di vided into its separable parts embraces more than thirty distinct affirmations or tests. Some ofthe acts against which it is directed constitute offences of the highest grade, to which, upon conviction, heavy penalties are attached. Some of the acts have never been classed as offences in the laws of any State, and some of the acts under many circumstances would not even be blameworthy. It requires the affiant to deny lot only that he has ever been in armed hostil ity to the United States or the lawful authori ties 'thereof, but, among other things, that he has ever, " by act or word," manifested his adhe rence to the cause of the enemies of the United States, foreign or domestic, or his desire for their triumph over the arms of the United States, or his sympathy with those engaged in rebellion, or that he has ever harbored or aided any per son engaged in guerrilla warfare against the loyal inhabitants of the United States, or has ever en tered or left the State for the purpose of avoid ing. enrollment or draft in the military service af the United States; or to escape the perform- wce of duty in the militia of the United States, ir has ever indicated in any terms his disaffection to the Government of the United States in its contest with rebellion. Every person who is unable to take this oath is declared incapable of holding in the State "any office of honor, trust, or profit under its authority, or of being an officer, counselor, di rector, or trustee, or other mauager of any incor poration, public or private, now existing or here- altei' established by its authority, or of acting as ajprofessor or teacher inany educational institu tion, or in any common or other school, or of holding any real estate or other property in trust for the use of any church, religious society, or congregation." And every person holding any of rthe offices, trusts, or positions mentioned, at the 'time the constitution takes effect, is re quired within sixty days thereafter to take the oath, and if be fail to comply with this require ment, it is declared that his office, trust, or posi- tion;shall ipso facto become vacant. And no person after the expiration of the sixty days is permitted, without taking the oath, "to practice as an attorney or counselor at law, nor, after that period, can any person be competent as a bishop, priest, deacon, minister, elder, or other clergyman of any religious persuasion, sect,, or denomination, to teach or preach or solemnize marriage." Fine and imprisonment are prescribed as a punishment for holding or exercising any of the offices, positions, trusts, professions or func tions specified without having taken the oath, and false swearing or affirmation to the oath is declared to be perjury, and punishable by im prisonment in the penitentiary. The oath thus required is without any prece dent that we can discover for its severity. In the first place, it is retrospective. It embraces all the past from this day, and if taken years hence, it will also cover all the intervening pe riod. In its retrospective feature, it is peculiar to this country. In England and France there have been test oaths, but they have always been limited to an affirmation of present belief or present disposition towards the Government, and were never exacted with reference to particular instances of past misconduct. In the second place, the oath is directed not merely against overt and visible acts of hostility to the Govern ment, but is intended to reach words, desires, and sympathies also ; and, in the third place, it allows no distinction between acts springing from malignant enmity and acts which may have been ?rompted by charity or affection or relationship. f one has ever expressed sympathy with any who were drawn into the rebellion, even if the re cipients of that sympathy were connected by the closest ties of blood, he is as unable to subscribe to the oath as the most active and most cruel of rebels, and is equally debarred from the offices of honor and trust and the positions and employ ments specified. But, as it was observed by the learned coun sel who appeared on behalf of the State of Mis souri, this Court cannot decide this case upon the justice or hardship of these provisions. Its duty is to determine whether they are in conflict with the Constitution of the United States. On be half of Missouri, it is urged that these provisions only prescribe a qualification for holding certain offices and practicing certain callings, and are therefore within the power of the State to adopt. On the other hand, it is contended that these provisions are in conflict with that clause of the Constitution which forbids any State to pass a bill of attainder or ex post facto law. We admit the propositions of the counsel for Missouri, that the States which existed previous to the adoption of the Federal Constitution pos sessed originally all the attributes of sovereignty ; that they still retain those attributes, except as they have been surrendered by the formation of the Constitution and the amendments thereto ; that the new States, upon their admission into the Union, became invested with equal rights, and were thereafter subject only to similar re strictions : and that among the rights reserved to the States is the right of each State to deter mine the qualifications for office, and the con ditions upon which its citizens may exercise their various callings and pursuits within its jurisdiction. These are general propositions, and involve principles of the highest moment. But it by no means follows that under the form of creating a,qualification or attaching a condi tion, the States can in effect inflict a punishment for a past act which was not punishable at the time it was committed. The question is not as to the existence of the power of the State over matters of internal police, but whether that power has been made in the present case an in strument for the infliction of punishment against the inhibition ofthe Constitution. Qualifications relate to the fitness or capacity of the party for a particnlarpursuit or profession. Webster defines the term to mean "any natural endowment or any acquirement which fits a person for a place, office, or employment, or 222 POLITICAL MANUAL. enables him to sustain . any character with suc cess." It is evident from the nature of the pur suits and professions of the parties placed under disabilities by the constitution of Missouri, that the acts from the taint of which they must purge themselves have no possible relation to their fit ness for those pursuits and professions. There can be no connection between the fact that Mr. Cummings entered or left the State of Missouri to avoid enrollment or draft in the military ser vice of the United States, and his fitness to teach the doctrines or administer the saoraments of his church. Nor can a fact of this kind, or the expression of words of sympathy with persons drawn into the rebellion, constitute any evidence of the unfitness of ..the attorney or counselor to practice his profession, or of the professor to teach the ordinary branches of education, or of the want of business knowledge or business capacity in the manager of a corporation, or in its directors or trustees. It is manifest, upon the simple statement of the acts and the professions and pursuits, that there is no such relation be tween them as to render a denial of the commis sion of the acts at all appropriate as a condition of allowing the exercise of the professions and Eursuits. The oath could not, therefore, have een required as a means of ascertaining whether parties were qualified or not for their respective callings or the trusts with which they are charged. It was required in order to reach the person, not the calling. It was exacted not from any notion that tie acts designated indi cated unfitness for the calling, but Decause the acts were thought to deserve punishment, and there was no way to punish the persons who had committed them but by depriving them of some of the rights and privileges of the citizen. The disabilities created by tho constitution of Missouri must be regarded as penalties. They constitute punishment. We do not agree with the couUsel of Missouri that " to punish one is to deprive him of life, liberty, or property, and that to take from him anything less than these is no punishment at all." The learned counsel does not use thflse terms, " life, liberty, and property," as comprehending every right known to the law. He does not include under "liberty" freedom from outrage on the feelings as well as restraints on the person. He does not include under " property " those estates which one may acquire in professions, though they are often the source of the highest emoluments and honors. The deprivation of any rights, civil or politi cal, may be punishment, the circumstances at tending and the causes of deprivation determin ing this fact. Disqualification from office may be punishment, as in cases of conviction upon impeachment. Disqualification from the pursuit of a lawful avocation, or from positions of trust, or from the privilege of appearing in the courts, or acting as executor, administrator, or guardian, may also, and often has been, imposed as pun ishment. By the statute of 9 and 10 William III, if any person educated in or having made a profession of the Christian religion did, by writing, printing, teaching or advised speaking, deny the truth of the religion or the Divine au thority of the Scriptures, he was for the first offence rendered incapable to hold any office or place of trust, and for the second he was rendered incapable of bringing any action, being guardian, executor, legatee, or purchaser of lands, beside being subjected to imprisonment without ba|l By statute 2 George I, contempts against the king's title were punished by incapacity to hold a public office or place of trust, to prosecute-any suit, to be guardian or executor, to take any leg acy or deed of gift, and to vote at any election for members of Parliament, and aiso by forfeiture of £500 to any one who would sue for the same. " Some punishments," says Blackstone, " con sist in exile or banishment, by abjuration ofthe " realm or -transportation : others in loss of liberty,- by perpetual or temporary imprisonment. Some extend to confiscation by forfeiture of lands or movables, or both, or of the profits of lands for life. Others induce a disability of holding office or employments, being heirs and executors, and the like." Among the Romans, loss of the priv ilege of membership of the family or of citizen ship were punishments inflicted by her laws, fe France, deprivation or suspension of civil rights; or of some of them, are punishments prescribed by her code, and among civil rights are included the right of voting, of eligibility to office, of taking part in family councils, of being guardian and trustee, of bearing arms, or being employed in a school or seminary of learning. The theory upon which our political institu tions rest is, that all men have certain inaliena ble rights; that among these are life, liberty, and the pursuit of happiness ; and that in the pursuit of happiness, all avocations, all honors, all positions, are alike open to every one, and that in the protection of theso rights all are equal before the law. Any deprivation or ras- penBiQn of any of these rights for past conduct or acts is punishment, and can in no otherwise be defined. Punishment not being therefore restricted,' as contended by counsel, to the deprivation of life, liberty, or property, but also embracing depri vation or suspension of political or civil rights1. and the disabilities prescribed by the provisions of the Missouri constitution being in effect pun ishment, we proceed to consider whether there-is any inhibition in the Constitution of the United States against their enforcement. The counsel from Missouri closed his argument in this case by presenting a striking picture of the struggle for ascendency in that State-during the recent rebellion between the friends and, the enemies of the Union, and of the fierce passions which that struggle aroused. It was in the midst of the struggle that the present constitution was framed, although it was not adopted by the peo ple until the war had ceased. It would have been strange, therefore, had it not exhibited in its provisions some traces of the excitement amid which the convention held its deliberations. It was against the excited action of the States, under such influences as these, that the framers of the Federal Constitution intended to guard.- In Fletcher vs. Peck, Mr. Chief Justice Marshallj speaking of such action, uses this language: " Whatever respect might have been felt for the State »"t- ' ereignties, it is not to bo disguised that tlie framers of tin ! Constitution viewed, with somo apprehension, tlie vioVnt | acts whioh might grow out of the feelings of ill- nioin'-nt : I and that tho people of tho United Statos, in mJop' ins l!l'" JUDICIAL OPINIONS. 223 Instrument, hnvemanifested a determination to shield them selves and their property from the effects of those siidden and strong passions to which men are exposed. The restric tions on the legislative power of the States are obviously bunded in this sentiment-, and the Constitution of the United States contains what may he deemed a hill of rights for tho people of eanh State : . " ' No State shall pass any bill of attainder, ex post facto law, or law impairing the ohligatidn of contracts.'" A bill of attainder is a legislative act which 'inflicts punishment without a judicial trial. If the punishment be less than death the act is termed a bill of pains and penalties. Within the meaning of the Constitution bills of attain der include bills of pains and pehalties. In these cases the legislative body, in addition to its le gitimate functions, exercises the powers and of fice of judge.- It assumes, in the language of the text books, judicial magistracy. It pronounces upon the guilt of the parties without any of the forms or safeguards of trial. It determines the sufficiency of the proofs produced, whether con formable to the rules of evidence or otherwise. It fixes the degree of punishment in accordance with its own notion of the enormity of the , of fence. " Bills of this sort," says Mr. Justice Story, " have been Usually passed in England in 'times of rebellion, or gross subserviency to the crown, or of violent political excitement — peri ods in which all nations are most liable, as Well the free as the enslaved, to forget their duties and trample upon the rights and liberties of others." These bills are generally directed against in dividuals by name, but they may be directed against a whole class. The bill against the Jlarl of Kildare, passed in the reign of Henry VIII, enacted " that all such persons Which be or heretofore have been comforters, abettors, partakers, confederates or adherents of the said late Earl in his or their false and traitorous acts andpurposes shall in likewise stand, be attainted, adjudged and convicted of high treason, and that the same attainder, judgment and conviction against the said comforters, aiders, abettors, un dertakers, confederates, and adherents shall be BS Btrong and effectual in the law against them and every one of them as though they and every one of them had been specially, singularly, and particularly named by their proper names in the said act." These bills may inflict punishment absolutely or may inflict it conditionally. The bill against the Earl of Clarendon, passed in the reign of Charles II, enacted that the Earl should suffer perpetual exile and be forever banished from the realm, and that if he returned or was found in England, or in any other of the king's domin ions after the first of February, 1667,'he should Suffer the pains and penalties of treason, with a proviso, however, that if he surrendered himself before the said first day of February for trial, the penalties and disabilities declared should be Void and of no effect. " A British act of Parliament," to cite the lan guage of the supreme court of Kentucky, "might declare that if certain individuals failed to do a given act by a named day they should be deemed to be and treated as convicted felons and trai tors, and the act would come precisely within the definition of a bill of attainder, and the Eng lish courts would enforce it without indictment or trial by jui'y." If the clauses Pf the thiro! article of the constitution of Missouri, to which We have referred, had in terms declared that Mi-. Oatritnings was guilty, or should be held guilty, of having been in armed hostility to the United States, or of having entered that State to avoid being enrolled or drafted into the military service, and thereafter should be de prived of the right to preach as a priest of the Catholic Church or to teach in any institution of learning, there would be no question but that the clauses Would constitute a bill of attainder within the meaning of the Federal Constitution. If these clauses, instead of mentioning his name, had declared that priests and clergymen within the State of Missouri- were guilty of these acts, or should be held guilty of them, and henCe should be subjected to the like deprivation, the clauses would be equally open to objection. And further, if these clauses Bad declared that all such priests and clergymen should be held guilty, and be thus deprived, provided they did not by a day designated do certain specified acts, they wotild be no less within the inhibition Of the Federal Constitution. In all these cases there Would be the legisla tive enactment Creating the deprivation, without any of the ordinary forms ana guards provided for the security of the citizen in the administra tion of justice by the established tribunals. The results which would follow from clauses of the character mentioned do follow from the clauses actually adopted. The difference between the last case supposed and the case actually pre sented is one of form only, and not of substance. The existing clauses presume the guilt of the priests and clergymen, and adjudge the depri vation of their right to preach or teach unless the presumption be first removed by their expur- gatory oath. In other words, they assume the guilt and adjudge the punishment conditionally. The clauses supposed differ only in that they de clare the guilt, instead of assuming it. The deprivation is effected with equal certainty in the latter case as it would be in the former, but not with equal directness. The purpose ot the law-maker in the case supposed would be openly avowed ; in the case existing it is only disguised. The legal result must be the same, for what can not be done directly cannot be done indirectly. The Constitution deals With substance, not shad ows. Its inhibition was leveled at the thing, not the name. It intended that the rights of the citizen should be secured against depriva tion for past conduct by legislative enactment, however disguised. If the inhibition can be avoided by the form of the enactment, its inser tion in the fundamental law was a vain and futile proceeding. We proceed to consider the second clause of what Mr. Chief Justice Marshall terms " a bill of rights for the people of each State," the clause which inhibits the passage of an ex post facto law. By an ex post facto law is meant one which im poses a punishment for an act which was not punishable at the time it was committed, or im poses additional punishment to that then pro scribed, or changes the rules of evidence, by which less or different testimony is required to convictthan was then exacted. In Fletcher vs. 224 POLITICAL MANUAL. Peck, Mr. Chief Justice Marshall defined an ex post facto law to be " one which makes an act punishable in a manner in which it was not pun ishable when it was committed." " Such a law," said that eminent judge, " may inflict penalties on the person, or may inflict pecuniary penalties which swell the public treasury. The legisla ture is, then, prohibited from passing a law by which a man's estate, or any part of it, shall be seized for a crime which was not declared by some previous law to render him liable to that punish ment. Why, then, should violence be done to the natural meaning of the words for the pur pose of leaving to tne Legislature the power of seizing for public use the estate of an individual in the form of a law annulling the title by which he holds the estate? The Court can perceive no sufficient grounds for making this distinction. The rescinding act would have the effect of au ex post facto law. It forfeits the estate of Fletcher for a crime not committed by himself, but by those from whom he purchased. This could not be effected in the form of an ex post facto law or bill of attainder. Why, then, ib it allowable in the form of a law annulling the original grant ? The act to which reference is here made was one passed by the State of Georgia repealing a previous act under which land had been granted. The repealing act, divesting the title of the grantees, did not in terms define any crimes or inflict any punishment or direct any judicial pro ceedings ; yet, inasmuch as the Legislature was forbidden from passing any law by which a man's estate could be seized for a crime which was not declared by some previous law to render him liable to that punishment, the Chief Justice was of opinion that the repealing act had the ,effect of an ex post facto law, and was within the con stitutional inhibition. Now, the clauses in the Missouri constitution which are the subject of consideration do not in terms define any crime or-declare that any pun ishment shall be inflicted, but they produce the same result upon the parties against whom they are directed as though the crimes were defined and the punishment declared. They assume that- there are persons in Missouri who are guilty of some of the acts designated. They would have no meaning in the constitution were not such the fact. They are aimed at past acts, and not future facts. They were intended to operate upon parties who, in some form or manner, by action or words, directly or indirectly, had aided or countenanced the rebellion, or sympathized with parties engaged in the rebellion, or had en deavored to escape the proper responsibilities and duties of a citizen in time of war. And they were intended to operate by depriving such per sons of the right to hold certain offices and trusts, and to pursue their ordinary and regular avoca tions. This deprivation is punishment ; nor is it any less so because a way is opened for escape from it by the expurgatory oath. The framers ofthe constitution of Missouri knew at the time that whole classes of individuals would he unable to take the oath prescribed. To them there is no escape provided. To them the deprivation was intended to be and is absolute and perpetual. To make the enjoyment of a right dependent upon an impossible condition is equivalent to an ab solute denial of the right under any condition, and such denial enforced for a p tst act is noth ing else than punishment imposed for that «ct:; it is a misapplication of terms to call it anything else. Now, some ot the acts to which the expurgsi- tory oath is directed were not dffences at the time they were committed. It was no offence against any law to enter or leave the State of Missouri for the purpose of avoiding enroll ment or draft in the military service, however much the evasion of such service might be the subject of moral censure. Clauses which pre scribe a penalty for an act of this nature are within the terms of the definition of an ex post facto law. They impose a punishment for an act not punishable at the time it was committed. Some of the acts at which the oath is directed constituted high offences at the time they were committed, to which, upon conviction, fine and imprisonment or other heavy penalties were at-, tached. The clauses which provide a further penalty for these acts are also within the defini tion of an ex post facto law. They impose addi tional punishment to that prescribed when the act was committed. And this is not all. The clauses in question subvert the presumptions of innocence and alter the rules of evidence which heretofore, under the universally recognized principles of the -common law, have been sup: posed to be fundamental and Unchangeable. They assume that the parties are guilty ; they call upon the parties to show their innocence, and they declare that such innocence can be shown only in one way, by an inquisition in the form of an expurgatory oath into the consciences of the parties. The objectionable character of these clauses will be more apparent if we put them in the ordinary form of a legislative act. Thus, if in stead of the general provisions in the Constitu tion, the convention had provided as follows; " Be it enacted, that all persons who have been in armed hostility to the United States shall, upon conviction thereof, not only be punislied'.as the laws provided at the time the offences, were committed, but Bhall also be thereafter rendered incapable of holding any of the offices, trusts* and positions, and of exercising any of the pur suits mentioned in the third article of the con stitution of Missouri," no one could have any, doubt of the nature of the act. It would be an ex post facto law, and void, for it would add a new punishment to an old offence. So \ top, if the convention bad passed an enactment of a similar kind with reference to those acts which do not constitute offences. Thus, bad it provided' as follows : " Be it enacted, that all persons who have heretofore at any time entered or left the State of Missouri with intent to avoid enrollment or draft in the military service of the United States, shall, upon conviction thereof, bo forevef rendered incapable of holding any office of honor,, trust, or profit in the United States, or of teach: ing in any seminary of learning, or of preaching as a minister of the Gospel of any denomination,, or exercising any of the professions or pursuits mentioned in the third article pf the Cpnstitu- , tion," there would be no question of the. char acter of the enactment. It would be an e;: pot' JUDICIAL OPINIONS. 225 facto law, because it would impose a punish ment for an act not punishable at the time it was cojajhitted. The provisions of the constitution of Missouri accomplish precisely what enactments like those supposed would accomplish. They impose the iame penalty without the formality of a judicial .trial and conviction, for the parties embraced by the supposed enactments would be incapable of taking the oath prescribed. To them its require- ments'would be an impossible condition. Now, as the State, had she attempted the course sup- hosed would have failed, it must follow that any mode producing the same result must ily fail. The provisions of the Federal Con- ,tion intended to secure the liberty of the sen cannot be evaded by the form in which ./.power of the State is exerted. If this be /t so, if that which cannot be accomplished by ^eans looking directly to the end can be accom plished by indirect means, the inhibition may be evaded at pleasure. No kind of oppression can he, named against which the framers of the Con stitution supposed they had guarded, which may hot be effected. Take the case supposed by counsel, that of a man tried for treason and acquitted, or, if convicted, pardoned. The legislature then may pasB an act that if the person thus acquitted or pardoned does not take a.n.oath that he never has committed the acts charged against him, he shall not be permitted to told any office of honor or trust or profit, or pursue any avocation in the State. Take the case before us : The constitution of Missouri excludes, on failure to take the oath we have described, a large class of persons within her borders from numerous offices and pursuits. It would have been equally within the power of the State to have extended the exclusion so as to deprive the parties who were unable to take the oath from any avocations whatever in the State. Suppose, again, in the progress of events, persons now in the minority in the State should obtain the as cendency, and secure the control of the Govern ment; nqthing could prevent, if the constitu tional prohibition can be evaded, the enactment Of a provision requiring every person, as a con dition of holding any office ->f honor or trust, or of pursuing any avocatiou in the State, to take an oath that he had never advocated or sisjvised or supported the imposition of the present expurgatory oath. Under this form of legislation theniost flagrant invasions of private rights in |brjods of excitement may be enacted, and indi viduals, and even whole classes, may be deprived Of political and civil rights. A.question arose in New York, soon after the treaty of peace of 1783, upon a statute of that State, which involved a discussion of the nature and' character of these expurgatory oaths when used as a means of inflicting punishment. The subject was regarded as so important, and the requirement of the oath such a violation of the fundamental principles of civil liberty and the rights of the citizen, that it engaged the attention oFeminent lawyers and distinguished statesmen of the time, and among others, ol Alexander Ham ilton, We will cite some passages of a paper left bv him on the subject, in which, with nis char acteristic fullness and ability, he examines the 15 oath and demonstrates that it is not only a mode of inflicting punishment, but a mode in violation of all the constitutional guaranties secured by the Revolution of the rights and liberties of the peo ple : " If we examine it," (the measure requiring the oath,) said this great lawyer, " with an un prejudiced eye, we must acknowledge not only that it was an evasion of the treaty, but a sub version of one great principle of social security, to wit, that every man shall be presumed inno cent until he is proved guilty. This was to in vert the order of things, and instead of obliging the State to prove the guilt in order to inflict the penalty, it was to oblige the citizen to show his own innocence to avoid the penalty. It was to excite scruples in the honest and conscientious, and to hold out a bribe to perjury." * * * " It was a mode of inquiring who had committed any of those crimes to which the penalty of dis qualification was annexed, with this aggrava tion, that it deprived the citizen of the benefit of that advantage which he would have enjoyed by leaving, as in all other cases, the burden of proof upon the prosecution. To place this mat ter in a still clearer light, let it be supposed that instead of the mode of indictment and trial by jury, the Legislature was to declare that every citizen who did not Bwear that he had never ad hered to the King of Great Britain s-hould incur all the penalties which our treason laws pre scribe, would this not be a palpable evasion of the treaty, and a direct infringement of the Con stitution? The principle is the same in both cases, with only this difference in the conse quences, that in the instance already acted upon the citizen forfeits a part of his rights, in the on,e supposed, he would forfeit the whole. The degree of punishment is all .that distinguishes the cases. In either, justly considered, it is sub stituting a new and arbitrary mode of prosecu tion for that ancient and highly esteemed one recognized by the laws and the constitution of the State — I mean the trial by jury. " Let us not forget that the constitution de clares that trial by jury in all cases in which it has been formerly used should remain inviolate forever, and that the legislature should at no time erect any new jurisdiction" which should not proceed aocording to the course of the com mon law. Nothing can be more repugnant to the true genius of the common law than such an inquisition as has been mentioned into the con sciences of men." * * * "If any oath with respect to past conduct had been made the con dition on which individuals who have resided within the British lines should hold their estates, we should immediately. see that this proceeding would be tyrannical and a violation of tha treaty ; and yet, when the same oath is em ployed to divest that right which ought to be. deemed still more sacred, many of us are so in fatuated as to overlook the mischief. " To say that the persons who will be affected by it have previously forfeited their right, and that therefore nothing is taken away from them is a begging of the question. How do we know who are the parties in this situation ? If it be- answered this is the mode taken to ascertain it, the objection returns, it is an improper, modta^ 220 POLITICAL MANUAL. because it. puts, the. most essential interests of the citizen upon a worse footing.than.we Bhould be willing, to tolerate, where, inferior, interests are concerned, and, because, if allowed; it, sub stitutes for the established and legal mode of investigating crimes, and inflicting forfeitures one that is unknown to the constitution and re pugnant to the genius, of our law." Similar views have frequently been expressed by the judiciary in cases involving analogous questions. They are presented -with great forcein the matter of Dorsey, (7 Porter,) but we do not deem it necessary to pursue the subject, further. The judgment of the supreme,court. of Missouri must be reversed and. the cause remanded; with directions to enter a judgment reversing the judgment of the circuit court, and directing that court to discharge .the .defendant from imprisonr ment and suffer nim to depart without day, and it. is so ordered, Qn the Test Oath of Lawyers, Jan. 14, 1867. Mr. JusticeFiELD delivered the opinion of ttei Court: 'I am also instructed by the Court to deliver its opinion' in the, matter' of the petition of A. H. Garland. "On the 2d of July, 1862, Congress passed an, act prescribing an oath to be taken by every person'elected or appointed to any office of honor or profit uUder the Government of the United States," either in the civil, military, or nayal def partments of the public* service, except the Pres-. ident of the'Uhiied States,, before en,tering'upph the duties of his office, and before 'being. entitled to its salary or other emoluments. On, the 24th of January, 1865, Congress passeda supplement ary act, extending its provisions so. as to' embrace attorneys and counselors of the courts of the. United .States', whioh prpyides that after its pas-. sage no person shall he admitted as an attorney or counselor to the bar of the! Supreme Court," and, after the '4th of March, 1865, to' the bar of any .circuit or district court ojf the Unjted States^ or of the Court of Claims, or be allowed to ap pear and be heard by virtue of any previous admission or any special power of attorney ; un less he shall have nr'st.taken and subscribed' the ©ath prescribed in the act of July 2, 1862. The act also provides that the bath shall be preserved among the files of the court ; and if any pej-son take it .falsely, he shall be guilty of perjury', and,: upon conviction", shall" be subject, to the pains and penalties, of that offence. At the December term, of I860, the petitioner was admitted, as .an attorney and counselor of . this Court,' aud;took and subscribed the oatjh then required. By the second rule, as it then, existed,' it was only requisite to the admission of attor neys and counselors of this Court that they should have been such officers for "the thiee pre vious years in the highest courts of the. States' to which they respectively belonged, and that their private and professionalcharacter should appear to be fair. In March, 1865, this rule was changed by the addition of a clause* requiring the admin-. * The rule, adopted without dissent, is as follows : SUPREME COUR* OF .Tip UNITED .STATUS.' December Term, 1864.— Friday, March 10, 1866. Amendment to 2d Rule. Ordered, That the last clause of the second rule pf this Court tie amended so us to read as follows : isferation of an oath, in conformity, with the act off Congress. In May, 1861, the State of Arkajisas,,of which the. petitioner, was a citizen, passed an ordinance of secession which, purported to withdraw- the, State from the. Union, and afterwards, in the. same year, by another ordinance, attached' her-. self to the so-called-Confederate States, and by- act of, the Congress of that Confederacy she.wasi received as one of its members. The petitioner^ followed the State and was one of-her represent-.. atives, first in the lower. House, and afterwards in the. Senate, of the Congress, of -that- Confeti* eracy, and. was a member of the. Senate at the time of the surrender of the Confederate forcep to the armies of the United States, In July, 1865, he received from the President bf;the United States a full pardon for all offences committed by him by participation, direct or im-. plied, in the- rebellion. He now produces this - pardon, and. asks, permission to continue toprac- tice , as , an attorney and counselor. of the court, without, taking the oath , required by -the act of; January, 24, 1865,, and i the, rule of this court, which. he is .unable, to take, hy, reason of the offi ces he held under tho Confederate government; ' He rests his application principally upon two-. grounds.: First; that the act- ofc January 24, 186.5; so -far-as it, affects his status in the court, is, unconstitutional and void ; second; that if the-' act be, unconstitutional, he is released from con>. pliance with its .provisions by the .pardon of- the-, President* The oath prescribed by the act is as follows: 1. Thatthe.deponent has never volunta rily borne arms.againstitbe.United States since he, has been a citizen thereof. 2. That he ha^ not- Voluntarily, given aid, countenance,, counsel, or, encouragement to persons engaged -in armed hos tility -thereto.. 3. That he has never .sought, ac-. cepted, of -attempted to ex-ercise ,thie,functions of" any, . ofJEice whatsoever . under any - authority or pretended authority in. hostility- to. the United - States- 4^ That he has not yielded a voluntary,. support,to any pretended government, authority. . Eower,- or constitution -within .the United i States., PStile orinimical thereto. 5. That he will sup port, and -defend the Constitution, of -the United- States, against all enemies, foreign, .and domestic,. and will ; bear trap, faith and allegiance to '.the* same. This last clause, is promissory, only, and rfc-. quires, no consideration.. The., 'questions, pre*-. sented for our determination, arise from the other- They Bha,ll respectively take, and subscribe the following .. oath or affirmation : I, , do solemnly swear that I have;never- volirptarily, borne, arnis against the United States Since. I have been a citizen thereof j that I have voluntarily given . no aid, countenanced counsel, or encouragement to persona engaged ,in armed .hostility thereto; that I have neither sought, nor accepted, nor at tempted to exercise the functions,: of any office . wjtia'tcver. under any authority,, of pretended,, authority, in hostility to the united. States; that I have tot yielded a voluntary support to any pretended government, authority, ,nowex,.or constitution, witjihi, the United States, tates againsf all, enemies, foreign and domestic ; that 1 - will bear true faith and allegiance to the saine ! that! take fhis obligation freely, without any mental reservation or purpose of evasion. 1 And I Ao further solemnly swear, (or afB ru, as the esse may be,) that 1 will demean myself ail an, attorney anfl counsellor of this Court uprightly and, according to law: So help mo God. JtJDlCIAL OPINIONS. 227 clauses. These all relate to past acts. Some of these acts constituted, when they were com mitted, offences against the criminal laws of the country, and some of them may or may not have been offences, according to the circum stances under which they were committed and the motives of the parties. The first clause covers one form of the crime of treason, and the affiant must declare that he has not been guilty of this crime, not only during the war of rebellion, but during any period of his life since he has been a citizen. The second clause goes beyond the limits of treason, and' embraces not only the giving of aid and encouragement of a treason able nature to a public enemy; but also the giv ing of assistance of any kind to persons engaged in armed hostility to the United States The third clause applies to the seeking, acceptance, or exercise, not only of offices created for the purpose of more effectually carrying on hostili ties, but also of any of those offices which are required in every community, whether in peace or war, for the administration of justice and the pf&ervation of order. The fourth clause not only includes those who gave a cordial and ac tive support to the hostile government, but also those wno yielded a reluctant obedience to the existingorder established without their co-opera tion. The statute is directed against parties who have offended in any of the particulars embraced by these clauses, and its object is to exclude them from the profession ofthe law, or at least from its practice in the courts of the United States. As the oath prescribed cannot be taken by these parties, the act' aB' against them oper ates as a legislative decree of perpetual exclu sion. An exclusion' from any of the professions or any of the ordinary avocations of life for past conduct can be regarded in no other light than as a punishment for' such conduct. ¦ The exaction of the oath is the mode provided for ascertaining the parties upon whom the act is intended to operate, and; instead of lessening, increases its objectionable-character. All enactments of this kind partake of the nature of bills of pains and Penalties, and are subject to the constitutional inhibition against the passage of bills of attain der, under which general designation they are included. In' the- exclusion which the statute adjudges, it imposes a punishment for some of the acts specified, which were not punishable, or may not have been punishable at the time they were committed-; and' for other acts it adds a new punishment, to that then prescribed, and it is thus brought within the further inhibition of the Constitution against the passage of an ex post facto law. In the case of Cummings vs. The State of Mis souri, justdecided; we had occasion-to consider the meaning of abill'of attainder'and an ex post facto law in the clause of. the Constitution for bidding their passage by the States, and it is un necessary to repeat nere what we there said. A like prohibition is contained in the Constitution against enactments of' this bind by Congress, and the argument presented in that case against certain clauses of the constitution of Missouri is equally applicable to" the act of Congress under umsideration in this case. The profession of an attorney and counseloi is not like an office created by an act of Con gress, which depends for its continuance, its pow ers, and its emoluments on the will of its creator, and the possession of which may be burdened with any conditions not prohibited by the Con stitution. Attorneys and counselors are , not officers of tho United States. They are not elected or appointed in the manner prescribed by the Constitution for the election or appoint ment of such officers. They are officers of the court, admitted as such by its order upon evi dence of their possessing sufficient legal learn-- ing and fair character. Since the statute of 4 Henry IV, it has been the practice in England, and it has always been the practice in this coun try, to obtain this evidence by an examination of the parties; In this Court the fact of the ad mission of such officers in the highest court of the States to which they respectively belong. for three years preceding their application is regarded as sufficient evidence of the possession of the re quisite legal learning, and the statement of coun sel moving their admission sufficient evidence that their private and professional character is fair. The order of admission is the judgment of the court that the parties possess the requisite qualifications as attorneys and counselors, and are entitled to appear as such and conduct causes therein From its entry the parties become offi cers of the court, and are responsible to it for professional misconduct. ' They hold their office during good behavior, and can only be deprived of it tor misconduct, ascertained and declared by the judgment of the court, after opportunity to be heard has been afforded. Their admission and their exclusion are not the exercise of a mere ministerial power. The court is not in this respect the register of the edicts of any other body. , It is the exercise of judicial powers, and has. been so held in nu merous cases. It was so held by the court of ap peals of New York in the matter of the applica tion of Cooper for admission. "Attorneys and counselors," said that court, "are not only offi cers ofthe cdUrt," but officers whose duties relate almost exclusively to proceedings of a judicial nature, and hence their appointment may, with propriety,. be entrusted to the courts; and the latter, in performing this duty, may very justly be considered as engaged in the exercise of their appropriate judicial functions." In ex parte Se- comb, a mandamus to the supreme court of the Territory of Minnesota to vacate an order re moving an attorney and counselor was denied by this court on the ground • that the removal was a Judicial act. " We are not aware of any case," said the court, " where a mandamus was issued to an in ferior tribunal commanding it to reverse or an nul its decisiou, where the decision was in its nature a judicial act, and within the scope of its jurisdiction and discretion." And in the same case the court observed that " it has been well settled by the rules and practice of common-law courts that it rests exclusively with the court to determine who is qualified to become one of its officers as an attorney and counselor, and foi what causes he ought to be removed." The at torney and counselor, being by the solemn judi- 228 POLITICAL MANUAL. cial act of the court clothed with his office, does not hold it as a matter of grace and favor ; the right which it confers upon him to appear for suitors, and to argue causes, is something more than a mere indulgence, revokable at the plea sure ofthe court or at the command of the le gislature ; it is a right of which he can only be deprived by, the judgment of the court for moral or professional delinquency. The legislature may undoubtedly prescribe Qualifications for the office, with which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of any of the ordin ary avocations of life ; but to constitute a quali fication, the condition or thing prescribed must be attainable, in theory at least, by every one. That which from the nature of things, or the past condition or conduct of the party, cannot be at tained by every citizen, does not fall within the definition of the term. To all those by whom it is unattainable it is a disqualification which operates as a perpetual bar to the office. The question in this case is not as to the power of Congress to prescribe qualifications, but whether that power has been exercised as a means for the infliction of punishment against the prohibi tion of the Constitution. That' this result -can not be effected indirectly by a State under the form of creating qualifications, we have held in the case of Cummings vs. The State of Mis souri, and the reasoning upon which that conclu sion was reached applies equally to similar ac tion on the part of Congress. These views are- further strengthened by a con sideration of the effect of the pardon produced by the petitioner and the nature of the pardon ing power of the President. The Constitution provides that the President " shall have power to grant reprieves and pardons for offences against the United States, except in cases of im peachment." The power thus conferred is un limited, with the exception stated ; it extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after' conviction and judg ment. This power of the President is not sub ject to legislative control. Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders. The benign prerogative of mercy reposed in him cannot be fettered by any legislative restriction. Such being the case, the inquiry arises as to the effect and operation of a pardon. On this point all the authorities concur: a pardon reaches both the punishment prescribed for the offense, and the guilt of the offender, and when the pardon is full it releases the punishment and bl*ts ont of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction, from at taching. If granted after conviction it removes the penalties and disabilities, and restores him to all his civil rights. It makes him, as it were, a new man, and gives him a new credit anjl, ca pacity. There is only this limitation to itslppe- ration : it does not restore offices forfeited, or property or interests vested in others in conse quence of the conviction and judgment. The pardon produced by the petitioner is a full par don for all offences by him committed arising from participation direct or implied in the rebel lion, and is subject to certain conditions which have been complied with. The effect of this par don is to relieve the petitioner from all penalties and disabilities attached to the offence of trea son committed by his participation in the rebel lion. So far as that offence is concerned he is thus placed beyond the reach of pnnishment.of any kind ; but to exclude him by reason of that offence from continuing in the enjoyment of pre viously acquired right is to enforce a punish ment for that offence notwithstanding the par don. If such exclusion can be effected by. the exaction of an expurgatory oath covering the offence, the pardon may be avoided, and that accomplished indirectly which cannot be reached by direct legislation. It is not within the con stitutional power of Congress thus to inflict punishment beyond the reach of executive clem ency. From the petitioner, therefore, the oath re quired by the act of January 24, 1865, cannot be exacted, even were that act not subject to any other objection than the one just stated., It fol lows, from the views expressed, that the prayer of the petitioner must be granted. The case of R. H. Marr is similar in its main features to that of the petitioner, and his petition must be granted ; and the amendment to the, sec ond rule of the court, which requires the oath pre scribed by the act of January 24, 1865, to he taken by attorneys and counselors, having been unadvisedly adopted, must be rescinded, and it is so ordered.* DISSENTING 'OPINION. Mr. Justice Miller. I dissent from both the opinions of the Court just announced. It may be hoped that the exceptional circumstances which give present importance to these cases will soon pass away, and that those who make the laws, both State and national, will find in the conduct of the persons affected by the legislation just declared to be void sufficient reason to re peal or essentially modify it. For the speedy return of that better spirit which shall leave no cause for sjich laws all good men look with anx iety, and with a hope, I trust, not altogether unfounded. But the question involved, relating, as it does', to the right of the legislatures of the nation and the States to exclude from offices and places of high public trust, the administration of whose functions is essential to the very existence of the Government, those of its own citizens who engaged in the recent effort to destroy that Gov ernment by force, can never cease to be one of prof ound interest. It is at all times the exercise of an extremely delicate power for this Court to declare that the Congress of the nation or the *The.new order, made by a majority, is as follows: ^ Supreme Court op. the U sited States. December Term, 1866. — Monday, January 14, 1S67, Order op Court. It is now here ordered by the Court that the amendment to the second rule of this Court, which requires the oath prescribed by the act of Congress of January 24, 1865, to bo taken by attorneys and counselors, be, and the same is, hereby rescinded and annulled. JUDICIAL OPINIONS. 229 legislative body of a State has assumed an au thority not belonging to it, and, by violating the Constitution, has rendered void its attempt at legislation. In the case of an act of Congress, which expresses the sense of the members of a co-ordinate department of the Government, as much bound by their oath of office as we are to respect that Constitution, and whose duty it is, as muoh as it is ours, to be careful that no statute is passed in violation of it, the incompatibility :of the act with the Constitution should be so clear as to leave little roason for doubt before we pronounce it to be invalid. Unable to see this incompatibility either in (he act of Congress or in the provision of the constitution of Mis souri upon which the Court has just passed, but entertaining a strong conviction that both were within the competency of the bodies which en acted them, it seems to me an occasion which demands that my dissent from the judgment of the Court and the reasons for that dissent should beplaced on its records. In the comments which I have to make on these cases, I shall speak of principles equally applicable to both, although I shall refer more directly to that which involves the oath required of attorneys by the act of Congress, reserving to the close some remarks more especially appli cable to the oath prescribed by the constitution of the State of Missouri. The Constitution of the United States makes ample provision for the establishment of courts of justice, to administer its laws and protect and enforce the rights of its citizens. Article 3, Section 1, of that instrument says that " the judicial power ofthe United States shall be vested in one supreme court and such inferior courts as Congress may from time to time ordain and establish." Section 8 of article 1, closes its enume ration of the powers conferred on Congress by the broad declaration that it shall have authority V to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Con stitution in the Government of the United States, or in any department thereof." Under these provisions, Congress has ordained and established circuit courts, district courts, and Territorial courts, and has, by various statutes, fixed the number of the judges of the Supreme Court; it has limited and defined the jurisdiction of all these and determined the salaries of the judges Who lipid them. It has provided for their neces sary officers, as marshals, clerks, prosecuting at torneys, bailiffs, commissioners, and jurors ; and bythe actof 1789, commonly called the judiciary act. passed by the first Congress assembled under the Constitution, it is,- among other things, en acted "that in ail the courts of the United States parties may plead and manage their causes per sonally, or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. It is believed that no civilized nation of modern times has been without a class of men intimately connected with the courts and with the administration of justice, called variously attorneys, counselors, solictors, proctors, or other tfrms of similar im port. The enactment which we have just cited recognizes this body of men and their utility in the judicial system of the United States, and imposes upon the courts the duty of providing rules by which persons entitled to become- mem bers of this class may be permitted to exercise the privilege of managing and conducting causes in those courts. They are as essential to the successful working of the courts as clerks, sheriffs, and marshals, and, perhaps, as the judges them selves, since no instance is known of a court of law 'without a bar. The right to practice law in the courts as a profession is a privilege granted by the law under such limitations or conditions in each State or government as the law-making power may prescribe. It is a privilege, and not an absolute right The distinction may be illustrated by the dif ference between the right of a party to a suit in court to defend his own cause, and the right of another party to appear and defend for him. The one, like the right to life, liberty, and the pursuit of happiness, is inalienable; the other is the privilege conferred by law on a person who complies With the prescribed conditions. Every State in the Union, and every civilized govern- ¦ ment, has laws by which the right to practice in its courts may be granted, and makes that right to depend upon the good moral character and professional skill of the party upon whom the privilege is conferred. This is not only true in reference to the first grant of license to practice law, but the continuance of the right is made by these laws to depend upon the continued possession of these qualities. Attorneys are often deprived of this right upon evidence of bad moral character, or specific acts of immorality or dishonesty, which show that they no longer possess the requisite qualifications. All this is done by law, either statutory or common, and, whether the one, or the other, equally the expres sion of the legislative will, for the common law exists in this country only as it is adopted or permitted by legislatures or by constitutions. No reason is perceived why this body of men, in their important relations to the courts of the nation, are not subject" to the action of Congress to the same extent that they are under the legis lative control in the States, or in any other Gov ernment, and to the same extent that the judges, clerks, marshals, and other officers of the court are subject to congressional legislation. Having the power to establish the courts, to provide for and regulate the practice in those courts, to cre ate their officers, and to prescribe their functions. can it be doubted that Congress has the full right to prescribe terms for the admission, rejection, and expulsion of attorneys, and for requiring of them an oath to show whether they have the proper qualifications for the discharge of their duties. The act which has just been declared to be unconstitutional is nothing more than a statute which requires of all lawyers who propose to practice in the national courts that they shall ¦ take the same oath which is exacted of every of ficer of the Government, civil or military. This oath has two aspects — one which looks to the past conduct of the party, and one to his future conduct — but both have referenoe to his disposi tion to support or to overturn tae Government in &iO POLITICAL MANUAL. whose functions he proposes to take a part. In substance, he is required to swear that he has hot been guilty of treason to that Government in the past, and that he will bear faithful allegi ance to it in the future. That fidelity to the Government under which he lives, and true and loyal attachment to it, and a sincere desire for its preservation, are among the most essential qualifications which should be required in a lawyer, seems to me too clear for doubt. The history of the Anglo-Saxon race shows that for ages past the members of the legal profession have been powerful for good or evil in the Gov ernment. They are by the nature of their du ties the moulders of public sentiment on ques tions of government, and are every day engaged in aiding in the construction and- enforcement of the laws. From among their numbers are necessarily selected the judges who expound the laws and the Constitution. To suffer treason able sentiments to spread here unchecked is to permit the stream on which the life of the na tion depends to be poisoned at its source. In il lustration of this truth, I venture to affirm that if all the members of the legal profession in the States lately in insurrection had possessed the qualification of a loyal, faithful allegiance to the Government, we should have been spared the horrors of that rebellion. If, then, this qualifi cation be so essential in a Jawyer, it cannot be denied that the statute under consideration was eminently calculated to secure that result. The majority of the Court, however, dp not base their decision on the mere absence of au thority in Congress and the States to enact the laws which are the subject of consideration, but insist that the Constitution of the United States forbids in prohibitory terms the passage of such laws, both to Congress and to the States. The provisions of that instrument relied on to sustain this doctrine are those which forbid Con gress and the States respectively from passing bills of attainder and ex post facto laws. It is said that the act of Congress and the provision of the constitution of the State of Missouri under review are in conflict with both these provisions, and are therefore void. I will examine this proposition in reference to these two clauses of the Constitution in the order in which they occur in that instrument. First, in regard to bills of attainder. I am not aware of any judicial decision by a court of Federal jurisdiction which undertakes to give a definition of that term. "We are therefore compelled to recur to the bills of attainder passed by the English Parliament, that we may learn so much of their peculiar characteristics as will enable us to arrive at a sound conclusion as to what was intended to be prohibited by the Constitution. The word " attainder" is derived by Sir Thomas Tomlyn in his law dictionary from the words attincto and attinctura, and is defined to be the stain or corruption of the blood of a criminal capitally condemned, the immediate, inseparable consequence^ by the common law, of the pro nouncing of tlje sentence of death, and the effect of this corruption of the blood was that the party attainted lost all inheritable quality, and could neither receive nor transmit any property or other rights by inheritance. This attainder or corruption of blood, as a consequence of judi cial sentence of death, c: ntinued to be the law of England in all cases of treason to the time when our Constitution was framed, and, for aught that is known to me, is the law of that country on condemnation for treason at this day. Bills of attainder, therefore, or acts of attainder, as they were called after they were passed into statutes, were laws which declared certain per sons attainted and their blood corrupted, so that it had lost all inheritable quality. Whether ii declared other punishments or not, it was an act of attainder if it declared this. This also seems to have been the main feature at which the au thors of the Constitution were directing their prohibition ; for, after having in article 1 pro hibited the passage of bills of attainder, in sec tion 9 to Congress, and in section 10 to the States, there still remained to the judiciary the power of declaring attainders. Therefore, to still fur ther guard against this odious form of punish ment, it has provided ' in section 3, article 3, concerning the judiciary, that, while Congress shall have power to declare the punishment-pf treason, no attainder of treason shall work cor ruption of blood or forfeiture, except during the life of the person attainted. This, however, while it was the chief, was not the only peculiarity of bills of attainder which was intended to be included within the consti tutional restriction. Upon an attentive exam ination of the distinctive features of this kind of legislation, I think it will be found that the following comprise the essential elements of bills of attainder, in addition to the one already mentioned, which distinguished them from other legislation, and which made them so obnoxious to the statesmen who organized our Government: First, they were convictions and sentences pro nounced by the legislative department of the Government instead of the judiciary ; second, the sentences pronounced and the punishments inflicted were determined by no previous law or fixed rule ; third, the investigation into the guilt of the accused, if any such were made, was not necessarily or generally conducted in his pres ence or that of his counsel, and no recognized rule of evidence governed the inquiry. (Sea Story on the Constitution, section 1,344.) It is no cause for wonder that the men wne had just passed successfully through a desperate struggle in behalf of civil liberty should feel J detestation for legislation of which these were the prominent features. The framers of our po litical system had a full appreciation of the neces sity of keeping separate and distinct the primary departments ofthe Government. Mr. Hamilton, in the seventy-eighth number of the Federalist, says that he agrees with the maxim of Montes quieu, that there is no liberty if the power of judging be not separated from the legislative and executive powers ; and others ofthe ablest num bers of that publication are devoted to the pur pose of showing that in our Constitution these powers are so justly balanced and restrained that neither will probably be able to make much encroachment upon the others. Nor was it less repugnant, to their views of the security of per sonal rights that any person should be oon^ detuned without a hearing and punished with JUDICIAL OPINIONS. 231 out a law previously prescribing the nature and extent of that punishment. They therefore struck boldly at all this machinery of legislative despotism, by forbidding the passage of bills of •attainder and expost facto laws, both to Con gress and to the States. > It remains to inquire whether in the act of Congress under consideration — and the remarks apply with equal force to the Missouri constitu tion — there is found any of these features of bills of attainder, and, if so, whether there is sufficient in the act to brmgit fairly within the description of that class of bills. It is not claimed that the law works a corruption of blood. It will there fore be conceded at once that the act does not contain this leading feature of bills of attainder. •Nor am I capable of seeing that it contains a conviction or sentence of any designated person or persons. It is said that it is not necessary to a bill of attainder that the party to be affected should be named in the act, arid the attainder of the Earl of Kildare and his associates is re ferred to as showing that the act was aimed at a class. It is very true that bills of attainder ¦have been passed against persons by some de scription when their names were unknown, but in such cases the law leaves nothing to be done to render its operation, effectual but to identify those persons. Their guilt, its nature, and its punishment are fixed oy the statute, and only their personal indentity remains to be made out. 'Such was the case alluded to. The act declarer! the guilt and punishment of the"Earl of Kildare and all who were associated with him in his en terprise, and all that was required to insure their punishment was to prove that association. If this were not so, then it was mere brutum ful- men, and the parties other than the Earl of Kil dare could only be punished,, notwithstanding the act, by proof of their guilt before some com petent tribunal. •- -No person, is pointed out in the act of Con fess, either by name or by description, against whom it is to operate. The bath is only required of those who propose to accept au office or to jaraetiee law, and as a prerequisite to the exer cise of the functions of the lawyer or the officer it is demanded of all persons alike; It is said to be directed, as a class, to those alone who were en gaged in the rebellion; but this is manifestly incorrect, as the oath is exacted alike from the loyal and disloyal under the like circumstances, and none are compelled to take it. Neither does the act declare any conviction either of persons er classes. If so, who are they, and of what prime are they declared to be guilty ? Nor does ¦ it pronounce any sentence or inflict any punish ment. If by any possibility it can be said to provide for conviction and sentence; though not found in the act itself, it leaves the party him self' to determine his own guilt or innocence, and pronounce his oWn sentehce: It is not, then, the act of Congress, but the party interested, that tries and condemns. We. shall see, when we ePme to the discussion of this act in its relation te expostfacto laws; that it inflicts no punish ment: A statute which designates no criminal either by name or by description, which declares nd guilt; pronounces no sentence, and inflicts ho punishment, can in no case be called a bill of attainder. Passing now to the consideration, whether this statute is an ex post facto law, we find that the meaning of that term, as used in the Constitu tion, is a matter which has been frequently be fore this Court, and it has been so well defined as to leave no room for controversy. The only doubt which canarise is as tP the character of the particular acts claimed to come within the defi nition, not as to the definition of the phrase itself. All the cases agree that the term is to be applied to criminal causes alone, and not to civil proceedings. In the language of Justice Story in the case of Watson vs. Mercer, 8 Peters, 88, "ex post facto laws relate to penal and criminal proceedings which impose punishments and for feitures, and not to civil proceedings, i^hich affect private rights retrospectively." (Calder vs. Bull, 3 Dallas, 386 ; Fletcher vs. Peck, 6 Cranch, 87;; Ogden vs. Saunders, 12 Wheaton, 266 ; Satterle'e vs. Matthe'wson, 2 Peters, 380.) The first case on the subject is that of Calder vs. Bull, and it is the case in which the doctrine concerning ex post facto law is most fully ex pounded. The Court divides all laws which come within the meaning of that clause of the Constitution into four classes: 1. Every laW that makes an action done before the passing of ths law, and which was innocent when done, crimi nal, and punishes such action. 2. Every law that aggravates a crime, or makes it greater than it was when committed. 3. Every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed. 4. Every law that alters the rule of evidence, and receives less or different testimony than the law required at the time of the commission of the offence to convict the offender. Again, the Court draws, in the same opinion', the true distinction as between expostfacto laws and retrospective laws, and proceeds to show that however unjust the latter may be, they ard hot prohibited by the Constitution, while the former are. This exposition of the "nature of an ex post facto law has never been denied, nor has any court or any commentator on the Con stitution added to the classes of laws here set forth as coming within that clause of the organic law. In looking carefully at tllCse four classes of laws, two things strike the mind as common to them all : First, that they contemplate the trial of some person charged with an offence ; second; that they contemplate a punishment of a person found guilty of such offence. Now> it seems to me impossible to show that the law in question contemplates either the trial of a person for an offence committed before its passage, 'or the punishment of any person fot such an offence. It iB true the a-,t requiring an oath provides a penalty for falsely taking it ; but this provision is prospective, as no One is supposed to take the oath until after the passage of the law: This prospective penalty is the only- thing in the laW which partakes of a criminal character: It is in all other respects a civil pro ceeding. It is simply Sn bath df office, arid it is required Pf all officeholders alike. As far as I am informed, this is the first time in the hisi tory of jurisprudence that taking an oath 6f office has been called a Criminal proceeding. If it is not a criminal proceeding, then, by all the 232 POLITICAL MANUAL. authorities, it is not an ex post facto law. No trial of any person is contemplated by the act for any past offence ; nor is any party supposed to be charged with any offence in the only pro ceeding which the law provides. A person pro posing to appear in the court as an attorney is asked to take a certain oath. There is no charge made against him that he has been guilty of any of the crimes mentioned in that oath ; there is no prosecution. There is not even an implica tion of guilt by reason of tendering him the oath ; for it is required of the man who has lost every thing in defence of the Government, and whose loyalty is written in the honorable scars which cover his body, the same as of the guiltiest trai tor in the land. His refusal to take the oath subjects him to no prosecution ; his taking it clears him of no guilt and acquits him of no eharge. Where, then, is this ex post facto law which tries and punishes a man for a crime committed before it was passed ? It can only be found in those elastic rules of construction which cramp the powers of the Federal Government when they are to be exercised in certain directions, and enlarge them when they are to be exercised in others. No more striking example of this could be given than the cases before us, in one of which the Constitution of the United States is held to confer no power on Congress to prevent traitors from practicing in our courts, while in the other it is held to confer power on this Court to nullify a provision of the constitution of the. State of Missouri relating to a qualification re quired of ministers of religion. But the fatal vice in the reasoning of the ma jority is in the meaning which they attach to the word "punishment," in its application to this law, and in its relation to the definitions which have been given of the phrase ex post facto law. Webster's second definition of the word "punish " is this : "In a loose sense, to afflict with pain, &c, with a, view to amendment.; to chasten;" and it 'is in this loose sense that the word is used by the Court as synonymous with " chastise ment," "correction," "loss or suffering to the party supposed to be punished," and not in the legal sense, which signifies a penalty inflicted for the commission of a crime. So in this sense it is said, that whereas persons who have been fuilty of the offences mentioned in the oath were, y the laws then in force, only liable to be pun ished with death and confiscation of all their property, they are, by a law passed Bince those offences were committed, made liable to the enor mous additional punishment of being deprived of the right to practice law. The law in question does not in reality deprive a person guilty of the acts therein mentioned pf any right which he possessed before, for it is equally sound law, as it is the dictate of good sense, that a person who, in the language of the act, has voluntarily borne' arms against the Government of the United States while a citizen thereof, and who has volun tarily given aid, comfort, counsel, or encourage ment to persons engaged in armed hostility to the Government, has, by doing those things, forfeited his right to appear in her courts and take part in the administration of her lawa, Such a per son has exhibited a trait of character which, without the aid of the law in question, author izes the court to declare him unfit to praotice before it, and to strike his name from theroll.ol its attorneys, if it be found. there. I have .al ready shown that this act provides, for no indict ment or other charge, that it contemplates and admits of no trial, and I now proceed to show that even if the right of the court to prevent an attorney guilty of the acts mentioned from apr pearing in its forum depended upon the statute, still it inflicts no punishment in the legal Bense of that term. " Punishment," says Mr. Wharton in his Law Lexicon, "is a renalty for transgression. of the law," and this is perhaps as comprehensive and at the same as accurate a definition as can he, given. Now, what law is it whose transgression: is punished in the case before us ? None^ is- referred to in the act, and there is nothing on its face to show that it was intended as an addi tional punishment for any offence described in- any other act. A part of the matters of which the; applicant is required to purge himself on oath; may amount to treason, and surely there could be no intention or desire to inflict this small ad ditional punishment for a crime whose penalty was already death and confiscation of property. In fact, the word " punishment " is used by the: court in a sense which would make a great num . ber of laws, partaking in no sense of a criminal: character, laws for punishment, and therefore ex post facto. A law, for instance, which increases; the facility for detecting frauds, by compelling a party to a civil proceeding to disclose his transac tions under oath, would result in his punishment in this sense if it compelled him to pay an honest debt which could not be coerced from him be- , fore ; but this law comes clearly within the class t described by this Court in Watson vs. Mercer; as ' a civil proceeding which affects private rights' retrospectively. Again, let us suppose that several persons af flicted with a form of insanity heretofore deemed harmless shall be found all at once to be danger ous to the lives of persons with whom they associate. The State, therefore, passes a law that all persons so affected shall be kept in close confinement until their recovery is assured. Hera l is a case of punishment, in the sense used by the.' Court, for a matter existing before the passagelof the law. Is it an ex post facto law ; and, if not,. in what does it differ from one? Just in the same manner that the act of Congress does*-* namely, that the proceeding is a civil, and not a criminal proceeding, and that the imprisonment1 in the one case, and the prohibition to practice. law in the other, are not punishments in the legal meaning of that term. The civil law maxim, nemo debet bisvexariprt una et eadem causd, has long since been adopt*'! ed in the common law as applicable both tyr*; civil and criminal proceedings; and one of the- amendments of the Constitution incorporates -J this principle into that instrument so far as pun ishment affects life or limb. It results from this rule that no man can be twice lawfully punished for the same offence. We have already seen that the acts of which the : party is required to purge himself on oath con stitute the crime of treason. Now, if the judg ment of the Court in the cases before us, instead of permitting parties to appear without taking JUDICIAL OPINIONS. 233 the oath, had been the other way, here would have been the case of a person who, on the reas oning of the majority, is punished by the judg ment of this Court for the same acts which con stitute the crime of treason ; and yet, if the applicant here should be afterwards indicted for treason on account of those same acts, no one vifould pretend that the proceeding here could be successfully pleaded in par of that indictment. But why not? Simply because there is here neither trial nor punishment within the legal meaning of these terms. I maintain that the purpose of the act of Con gress was to require loyalty as a qualification of all who practice law in the national courts. The majority say that the purpose was to impose a punishment for past acts.of disloyalty. In press ing this argument, it is asserted by the majority that no requirement can be justly said to be a qualification which is not attainable by all, and that to demand a qualification not attainable by all is a punishment. The Constitution of the United States provides as a qualification for the office of President and Vice President that the person elected must be a native-born citizen'. Is this a punishment to all those naturalized citizens who can never attain that qualification? The constitution of nearly all the States requires as a qualification for voting that the voter shall be a white male citizen. Is this a punishment for all the blacks who can never become white? It was a qualification required by some of the State con stitutions for the office of judge that the person Bhould not be over sixty years of age. To a very large number of the ablest lawyers in any State this is a qualification which they can never at tain, for every year removes them further away from the designated age. Is it a punishment ? The distinguished commentator on American law and chancellor of the State of New York Was deprived of that office by this provision of the constitution of that State. He was, just in the midst of his usefulness, not only turned out of office, but he was forever disqualified from holding it again by a law passed after he had accepted the office. Here is a much stronger case thin that of a disloyal attorney forbid by law to practice in the courts, yet no one ever thought that the law was expostfacto in the sense of the Constitution of the United States. ; Illustrations of this kind could be multiplied indefinitely, but they are unnecessary. The his tory of the time when this statute was passed, the daikest hour of our great struggle, ihe ne cessity for its existence, the humane character of the President who signed the bill, and the face of the law itself, all show that it was purely a qualification exacted in self-defence of all who took part in administering the Government in any of its departments, and that it was hot passed for the purpose of inflicting punishment, however merited^ for past offences. I think I have now shown that the statute in question is within the legislative power of Con gress in its control over the courts and their of- - Beers, and that it is not void as being either a bill of attainder or an ex post facto law. If I am right on the question of qualification and punishment, that discussion disposes also of the proposition that the pardon of the President re lieves the party accepting it of the necessity of taking the oath, even if the law be valid. I am willing to concede that the presidential pardon relieves the party from all penalties, or, in other words, from all the punishment which the law inflicts for his offence; but it relieves him from nothing more. If the oath required as a condi tion to practicing law is not a punishment, as I think I have shown it is not, then the pardon of the President has no effect in relieving him from the requirement to take it. If it is a qual ification which Congress had a right to prescribe as necessary to an attorney, then the President cannot, by pardon or otherwise, dispense with the law requiring such qualification. This is not only the plain rule as between the legislative and executive departments of the Government, but it is tho declaration of common sense. The man who, by counterfeiting, by theft, or by murder, or by treason, is rendered unfit to exer cise the functions of an attorney or counsellor at law may be saved by the Executive pardon from the penitentiary or the gallows, but is not thereby restored to the qualifications which are essential to admission to the bar. No doubt it would be found that very many persons among those who cannot take this oath deserve to be relieved from the prohibition of the law, but this in nowise depends upon the act of the Presi • dent in giving or refusing a pardon ; it remains to the legislative power alone to prescribe under what circumstances this relief Bhall be extended. In regard to the case of Cummings vs. The State of Missouri, allusions have been made in argument to the sanctity of the ministerial office and \o the inviolability of religious freedom in this country ; but no attempt has been made to show that the Constitution of the United States interposes any such protection between the State governments and their own citizens ; nor can anything of the kind be shown. The Federal Constitution contains but two provisions on this subject. One of these forbids Congress to make any law respecting the establishment of religion or prohibiting the free exercise thereof; the other is, that no religious test shall ever be re quired as a qualification to any office or public trust under the United States. No restraint is placed by that instrument on the action of the States; but, on the contrary, in the language of Story, (Commentaries on the Constitution, sec tion 1878,) the whole power over the subject of religion is left exclusively to the State govern ments, to be acted upon according to their own sense of justice and the State constitution. If there ever was a case calling for this Court to exercise all the power on this subject which properly belonged to it, it was the case of the Rev. B. Permoli, reported in 3 Howard, 589. An ordinance of the first municipality of the city of New Orleans imposed a penalty on any priesi who should officiate at any funeral in any other church than the Obituary Chapel. Mr. Permoli, a Catholic priest, performed the funeral services of his Church over the body of one of his parish ioners enclosed in a coffin in the Boman Catho lic Church of St. Augustin. For this he was fined, and relying upon the vague idea advanced here, that the Federal Constitution protected him in the exercise of his holy functions, he 2M POLITICAL MANUAL. brought the case to this Court; but, hard as the case was, the Court replied to him in the follow ing language : " The Constitution of the United States makes no provision for .protecting the citizens of the respective States in their relig ious liberties ; this is left to the State constitu tions and laws ; nor is there any inhibition imposed by the Constitution of the United States in this respect on the States." Mr. Permoli's writ of error was therefore dismissed for want ef jurisdiction. In that case an ordinance of a mere local corporation forbade a priest loyal to his Government from performing what he believed to be the necessary rites of his Church Over the body of his departed friend. This Court said it could give him no relief. In this case the constitution of the State of Mis souri, the fundamental law ofthe people of that 'State, adopted by their popular vote, declares that no priest of any Church shall exercise his ministerial functions unless he will show by his own oath that he has borne true allegiance to his Government ; and this Court now holds this constitutional provision void, on the ground that the Federal Constitution forbids it. I leave the two cases to speak for themselves. In the discussion of these cases I have said nothing, on the one hand, of the great evils in flicted on the country by ihe voluntary action of many of those persons affected by the laws under consideration, nor, on the other hand, ofthe hard ships which they are now suffering much more as a consequence of that action than of any laws which Congress could possibly frame ; but I have endeavored to bring to the examination of the grave questions of constitutional law involved in this inquiry those principles alone which are Calculated to assist in determining what the law is, rather than what in my private judgment it ought to be. I am requested to say that the Chief Justice and Justices Swayne and Davis concur in this Opinion. Opinion of the Supreme Court of the District of Columbia in a like Case, February 12, 1867 Chief Justice Cartteb said : This is a motion on the application of Mr, Allen B. Magruder and others for admission to the bar of this court, connected with a motion torescind the rule which provides that each ap plicant, for admission to bar shall, before being admitted, take and subscribe the following oath- . " I, , do solemnly that I have never volunta rily borne arms against the United States since I have been a citizen thereof; that I have voluntarily .given no aid countenance, counsel, or encouragement to persons engaged' in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise, the functions of any office whatever, under ally authority, or pretended author ity, iu hostility to tho United States ; that I have not yielded a voluntary support to any pretended government, author ity, power, or constitution within the United States, hostile or inimical thereto. And I do further that, to tho best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, for eign and domestic ; that I Will bear true faith and alle giance to the same; that I take this obligation freely without any mental reservation or purpose of evasion, and that I will well and faithfully dischargo the duties of the office on which I am about to enter : so help hie God. Sworn to and subscribed before me this — -- day of- , 186 ." The consideration of the subject in the order of the application suggests the inquiry, whether the applicantis eligible takes it to support the Constitution of the United; States as the supreme law of the land, in all; cases in which its provisions come into conflict with' the constitution or lawB of any of the States; and in this-sense to require a primary and para mount allegiance to the Government of the United States. Mr. Magruder has told us that in taking un arms against the United States he acted consci entiously, and indignantly repels the imputation that-he bad violated his oath to support the Con stitution. He says that he regarded himself as under " duality of allegiance ; that his first and5 paramount allegiance was due to his native State, and his secondary and . subordinate allegiance was due tp the United States ; and that it was in this belief, honestly entertained, he went into the "> rebellion, in obedience to the call of his State, although he was himself of the opinion that tha rebellion was without any just cause. He acknowledges to have had no change of opinion on these points to the present hour. Were we now; with a full knowledge of these', facts, to admit him to take this oath, the cere mony would be a meaningless farce ; we shouli JUDICIAL OPINIONS. 239 gw.ear him m one sense, whilst he would take the oath in another. It would be well; perhaps, that our rule' on this subject should be so amended as to enable gentlemen whose native States may hereafter rush into rebellion, without just cause to see at once the path of their duty, and so relieve their consciences from any embarrassments originating in fanciful theories about, a "duality of alle giance." Opinion of the Supreme Conrt on the Mississippi Application for an Injunction against the Pres ident and other officers, April 15, 1867. Chief Justice Chasje delivered the opinion of the Court, as follows; A motion was made some days since on behalf of'the State of Mississippi; for leave to file a bill in the name ofthe State, praying this Court per petually to enjoin and restrain. Andrew Johns.on, President of the United States, and E. 0. C. Ord, general commanding in the district of Mississipi and Arkansas, from executing or in any manner carrying out certain acts of Congress therein ' The acts referred to are those of March 2 and March 25, 1867, commonly called the reconstruc tion acts. . The Attorney General objected to the, leave asked for upon the ground that no bill which makes the President a defendant, and seeks an injunction against him to restrain the perform ance of his duties ao President, should be. allowed to be filed in this Court. This point has been fully argued, and we will now dispose of it. We shall limit our inquiry to the question pre sented by the objection, without expressing any opinion on the bToader issues discussed in argu ment, whether in any case the President of the United States may be required by the process of this Court to perform a purely ministerial act re quired by law, or may be held; answerable, in any case, otherwise than by impeachment, for Crime. The single point which requires consideration is this: Can the President he restrained from carrying into effect an act of Congress alleged to be unconstitutional? It is assumed by the counsel for the State of Mississippi that trie President, in the execution of the reconstruction acts, is required to, perform a mere ministerial duty. In this assumption there is, we think, a confounding of the terms " ministerial " and "executive," which- are .by- no means equivalent in import. A ministerial duty, the performance of which may in proper cases be required of the head of a department by judicial process, is one in respect to which nothing, is rlqft to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist or imposed by law. The case of Marbury -vs. Madison, Secretary of State, furnishes an illustration. A citizen had been nominated, confirmed, and appointed a jus tice of the peaee for the District of Columbia, and his commission had been made out, signed, and sealed. Nothing. remained to be done except delivery, and the duty of delivery was imposed by; law on the Secretary of State. It was held that, the performance of.' this duty might be en forced' by mandamus issued from a court having jurisdiction. So in the case of Kendall, Postmaster General, vs. Stockton, and Stokes, (12 Peters, 527.) An apt of Congress. had directed the Postmaster Gen- - eral to credit Stockton and.Stokes.with such.sums as the Solicitor of the. Treasury should find due to thprn, and that, officer refused to credit them with certain sums so. found due, It was held that the crediting of this money was a mere ministerial duty, the performance of which might be judicially, enforced. In each of, these.~cas.es nothing. was left to dis cretion.. There was no room for the «rercise_of judgment, The law required the performance of a single specific act ; and that, performance, it was held, might be required' by, mandamus. Very different is. the duty of'the President in the exercise of the power to see that the laws, are faithfully executed, and among those laws the acts . named m the bill. By the first of these acts he is required to assign generals to command . in the.several military, districts, and to detail suf*- ficiept military force to enable such officers to discharge their- duties under the law. By the supplementary act other duties are imposed on the several commanding generals, and their du ties must necessarily Be performed under tha supervision of the President, as Commander-in- Chief. The duty thus imposed on the President is in no just sense ministerial. It is purely ex ecutive and political. N An attempt on the part of the judicial depart ment of the Government to enjoin the perform ance of, such duties by the President might be justly characterized, in the language of Chief Justice Marshall, as "an absurd and , excessive extravagance." It is true that in the instance before us the interposition of the Court is not sought to enforce action by the Executive under constitutional legislation,, but tp restrain such action under legislation alleged to be unconstitutional. Hut w.e.are unable to perceive that this cir cumstance takes the case out of the general prin^ ciple which forbids judicial interference with the exercise of executive' discretion. It was admitted in the argument that the ap plication now made to us is without a precedent, and this is of much weight againBt it. Had it been supposed at the bar that this Court would in any case interpose to arrest the execution of an unconstitutional act of Congress, it can hardly be doubted that applications with that object would have been heretofore addressed to it. Oc casions have not been infrequent. ' The constitutionality ofthe act for the annex ation of Texas was vehemently denied. It made important and permanent changes in the rela-. tive importance of States and sections, and was by many supposed to be pregnant with disas trous results to large interests in particular States. But no one seems to have thought of an application- for an injunction against the execur tion of the act by the President. And yet it is difficult to perceive upon what principle the application now before us can be allowed, and similar applications in that and other cases could have been denied. 240 POLITICAL MANUAL. The fact that no such application was ever t before made in any case indicates the general' judgment of the profession that no such applica tion should be entertained. It will hardly be contended that Congress can interpose, in any case, to restrain the enactment of an unconstitutional law, and yet how can the right to judicial interposition to prevent such an enactment, when the purpose is evident and the execution of that purpose certain, be distin guished in principle from the right to such in terposition against the execution of such a law by the President? The Congress is the legislative department of the Government ; the President is the executive department. Neither can be restrained in its action by the judicial department, though the acts of both, when performed, are in proper cases subject to its cognizance* The impropriety of such interference will be clearly seen upon consideration of its probable consequences. Suppose the bill filed and the injunction prayed for be allowed. If the President refuse obedience, it is needless to observe that the Court is without power to enforce its process. If, on the other hand, the President complies with the order of the Court, and refuses to execute the act of Congress, is it not clear that a collision may occur between the executive and legislative de partments of the Government? May not the House of Representatives impeach the President for such refusal ? And in that case could this Court interpose in behalf of the President, thus endangered by compliance with its mandate, arid restrain by injunction the Senate of the United States from sitting as a court of impeachment? Would the strange spectacle be offered to the public wonder of an attempt by this Court to ar rest proceedings in that court ? These questions answer themselves. It is true that a State may file an original bill in this Court ; and it may be true, in some cases, such a bill may be filed against the United States. But we are fully satisfied that this Court has no jurisdiction of a bill to enjoin the President in the performance of his official duties, and that no such bill ought to be received by us. It has been suggested that the bill contains a prayer that if the relief sought cannot be had against Andrew Johnson as President, it may be granted against Andrew Johnson as a citizen of Tennessee. But it is plain that relief against the execution of an act of Cong* oy Andrew Johnson is relief against its execution by the President. A bill praying an injunction against the execution of an act of Congress by the in-J cumbent of the presidential office cannot be re ceived, whether it describes hit as President or simply as a citizen of a State. The motion for leave to file the bill is therefore denied. In the case of The State of Georgia against certain officers, the Attorney General makeB n« objection to the policy of the bill, and we will, therefore, grant leave to file that bill. Mr. Sharkey. If the Court please, the objec tion to the bill which I attempted to file seems to be that it is an effort to enjoin the President.4 The bill is not filed, and 1 can reform it to suit1 the views of the Court, and present it againi'- The Chief Justice. Leave to file the bill is re fused. When another bill is presented it will be considered. Mr. Sharkey. Do I understand the Court to say that the application can be made on Thurs day? The Chief Justice. On Thursday. This subpoena was issued in the case, April 16. 1867: The State of Georgia, complainant vs. Edwin M. Stanton, Ulysses S. Grant, and John Pope, defendants. In equity. The President of the United States to Edwin M. Stanton, Ulysses S. Grant, and John Pope, greeting .- For certain causes offered before the Supreme Court of the United States, holding jurisdiction in equity, you are hereby commanded that, lay ing all other matters aside, and notwithstanding any excuse, you be and appear before the said Supreme Court, holding jurisdiction in equity, on the first Monday in December next, at the city of Washington, in the District of Columbia, being the present seat of the National Govern ment of the United States, to answer unto the bill of complaint of the State of Georgia in the said Court exhibited against you. Hereof you are not to fail at your peril. Witness: The Honorable Salmon P. Chase, Chief Justice of the said Supreme Court, at the city of Washington, the first Monday of Decem ber, in the year of our Lord one thousand eight hundred and sixty -six, and of the Independence of the United States of America the ninety-first; D. W. Midpleton, Clerk ofthe Supreme Court ofthe U. S. XXI. RESOLUTIONS OF NATIONAL AND STATE CONVENTIONS. Of the Philadelphia Fourteenth of August Con vention. They were reported August 17th, by Hon. Edgar Cowan, chairman of the committee on resolutions, and were unanimously adopted : DECLARATION OE PRINCIPLES. The National Union Convention, now assem bled in the city of Philadelphia, composed of delegates from every State and Territory in the Union, admonished by the solemn lessons which, for the last five years, it has j. leased the Supreme Ruler of the Universe to giv» to the American people; profoundly grateful for the return of peace; desirous, as are a large majority of their countrymen, in all sincerity, to forget and for give the past; revering the Constitution as it RESOLUTIONS OP CONVENTIONS. 241 jomeB to us from our ancestors ; regarding the Union in its restoration as more sacred than ever; looking with deep anxiety, into the future, as of instant and continuing trials, hereby issues and proclaims the following declaration of principles and purposes, on which they have, with perfect Unanimity, agreed: 1. We hail with gratitude to Almighty God the end of the war and the return of peace to our afflicted and beloved land. 2, The w,ar just closed has maintained the authority of the Constitution, with all the powers which it confers, and all the restrictions which it imposes upon the General Government, una bridged and unaltered, and it has preserved the Union, with the equal rights, dignity, and au thority of the States perfect and unimpaired. 3. Representation in the Congress of the United States and in the electoral college is a right recog nized by the Constitution as abiding in every State, and as a duty imposed upon the people, fundamental in its nature, and essential to the existence of our republican institutions, and neither Congress nor the General Government has any authority or power to deny this right to any State or to withhold its enjoyment under the Constitution from the people thereef. 4. We call upon the people of the United States to elect to Congress as members thereof none but men who admit this fundamental right of representation, and who will receive to seats therein loyal representatives from every State in allegiance to the United States, subject to the constitutional right of each House to judge of the elections, returns, and qualifications of its own members. 5, .The Constitution of the United States, and the laws made in pursuance thereof, are the su preme law of the land, anything in the consti tution or laws of any State to the contrary not withstanding. All the powers not conferred by the Constitution upon the General Government, nor -prohibited by it to the States, are reserved to the States, or to the people thereof; and among the rights thus reserved to the StateB is the right to prescribe qualifications for the elec tive franchise therein, with which right Congress cannot interfere. No State or combination of Stateshas the right to withdraw from the Union, or to exclude, through their action in Congress or-ptherwise, any other State or States from, the Union. The Union of these States is perpetual. 6. "Such amendments to the Constitution of the United States may be made by the people thereof as they may deem expedient, but only in the mode pointed out by its provisions ; and in proposing such amendments, whether by Con gress or by a convention, and in ratifying the same, all the States of the Union have an equal and an indefeasible right to a voice and a vote thereon. 7. Slavery is abolished and forever prohibited, and there is neither desire nor purpose on the part'pf the southern States that it should ever be.re-established upon the soil, or within the ju risdiction of the United States ; and the enfran chised slaves in all the States of the Union should receive, in common with all their inhabitants, equal protection in every right of person and property. 16 8. While we regard as utterly invalid, and never to be assumed or made of binding force, any obligations incurred or undertaken in mak ing war against the United States, we hold the debt of the nation to be sacred and inviolable ; and we proclaim our purpose in discharging this, as in performing all other national obligations, to maintain unimpaired and unimpeached this honor and tho faiih of the Republic. . 9. It is the duty of the national Government to recognize the services of the Federal soldiers and sailors in the contest just closed, by meeting promptly and fully all their just and rightful claims for the- services they have rendered the nation, and by extending to those of them who have survived, and to the widows and orphans of those who have fallen, the most generous and .considerate care. 10. In Andrew Johnson, President of the Uni ted States, who, in his great office, has proved steadfast in his devotion to the Constitution, the laws, and interests of his country, unmoved by persecution and undeserved reproach, having faith unassailable in the people and in the prin ciples of free government, we recognize a Chief Magistrate worthy of the nation, and equal to the great crisis upon which his lot is cast ; and we tender to him in the discharge of his high and responsible duties, our profound respect and as surance of our cordial and sincere support. Of the Philadelphia Convention of Southern Loy alists. They were reported by Hon. Andrew J. Ham ilton, of Texas, chairman of the committee on resolutions, and unanimously adopted : 1. That the loyal people of the South cordi ally unite with the people of the North in thanksgiving to Almighty God, through whose will a rebellion unparalleled for its causelessne.es, its cruelty, and its criminality has been over* ruled to the vindication of the supremacy ofthe Federal Constitution over every State and Ter-. ritory of the Republic. 2. That we demand now, as we have de manded at all times since the cessation of hostili ties, the restoration of the States in which we live to their old relations with the Union, on the simplest and fewest conditions consistent with the protection of our lives, property, and politi cal rights, now in jeopardy from the unquenched enmity of rebels lately in, arms. 3. That the unhappy policy pursued by An drew Johnson, President of the United States, is, in its effects upon the loyal people of the South, unjust, oppressive, and intolerable ; and accordingly, however ardently we desire to see our respective States once more represented in the Congress of the nation, we would deplore their restoration on the inadequate conditions prescribed by the President, as tending not to abate, but only to magnify the perils and sor rows of our condition. 4. That with pride in the patriotism of the Congress, with gratitude for the fearless and per sistent support they have given to the causa of loyalty, and their efforts to restore all the States to their former condition as States in the Ameri can Union, we will stand by the positions taken by them, and use all means consistent with at 242 POLITICAL MANUAL. peaceful and lawful course to secure the ratifica tion of the amendments to the Constitution of the United States, as proposed by the Congress at its recent Bession, and regret that the Con gress, in its wisdom, did not provide by law for the greater security of the loyal people in the States. not yet admitted to representation. 5. That the political power of the Government of the United States in the administration of ip'ublic affairs, is, by its Constitution, confided to "the popular or law-making department of the Government. 6. That the political status of the States lately in rebellion to the United States Government, and the rights of the people of such States, are political questions, and are therefore clearly "within the control of Congress to the exclusion of the independent action of any and every other department of the Government. 7. That there is no right, political, legal, oT tcbnsti'tutional, in any State to sec'ede Or with draw from the Union ; that they may , by wicked (aftd unauthorized revolution 'and force, sever the relations which they bave's'ustaihed to the Union; and when they do so. and assume the attitude of •public enemies at war with the Dnited States, ithey subject themselves to all the rules "and prin ciples of in terWational law," and the laws which are applicable to Belligerents, according to modern usage. 8. That we are unalterably in favor of the, Union of 'the States, and earnestly desire ' the legal and speedy restoration of all the States to their prober "plaices in the Union and the estab-! Cfshment in each of them of influences of patri otism and justice hy which the whole nation shall be comhined to carryforward triumphantly the principles of freedom and progress, until all inen of all races shall every where beneath the J ¦flag of our country have accorded to them freely; -all that thfeir virtues, intelligence, industry, pat riotism and energy may entitle them to attaito. • 9. That the organizations of the unrepresented States, assuming to be State governments, not •having been legally established, are not legiti mate governments until reorganized by Congress. 10. That 'the welcome we "have received from iihe loyal citarens of Philadelphia, under the (roof of the time-honored Hall in which the Dec laration of Independence was adopted, inspires his with an animating hope that the principles ¦of just and equal government, which were made ¦the foundation of the Republic at its Origin, shall ^become the corner- stone of reconstruction. 11. That we cherish with tender hearts the anemory of the virtues, patriotism, sublime faith, -¦upright Christian life, and generous nature of the (martyr President, Abraham Lincoln. 12. That we are in favor of universal liberty the world over, and feel the deepest sympathy with the oppressed peoples of all Countries in their struggles for freedom and the inherent right af .all men to decide and control for themselves the character of the government under which ithey live. 13.. That the lasting gratitude ofthe nation is $ue the men who bore the hardships of the bat tle, and, in covering themselves With imperish able glory, have saved to the world its hope of fcae^Gwernrjient : and relying upon the " invin cible soldiers and sailors " who made iae grand army and navy of the Republic to De true- to the principles for which they fought, we pledge them that we will stand by them in maintaining the honor due the saviors of the nation, and ia securing the fruits of their victories. 14. That, remembering with profound gratJ1 tude and love the precepts of Washington, we should accustom ourselves to consider the Union as the primary object of our patriotic desire, which has heretofore sustained ns with great power in our love of the Union, When no many of our neighbors in the South were waging Wat for its destruction ; our deep and abiding love fot the memory of the Father of his Country and for the Union is more deeply engraven upon oift hearts than ever. Aftfer the adjournment of this Convention, the loyalists of the non-reconstructed States metaod adopted an address, closing with this declar*- tion : " We affirm that the loyalists of the South look to Congress with affectionate gratitude and con> fidence, as the only means to save us from pei> secution., -exile, and death itBelf ; and we alsode- clare that there can be no security for us or our children ; there Can be no safety for the country (against the fell spirit of slavery, nPw organized in the form of serfdom, unless the Government, by na'tional and appropriate legislation, enforced by national authority, shall -confer on every citr- 'zenin theStates we represent the American birth right of impartial suffrage and equality before the law. This is the one all-sufficient remedy. This is our great need and^pressing necessity," The vote was as follows : Texa^, 10 yeas.; Louisiana, 14 yeas ; Virqinia, 28 yeas, 3 nays; Georgia, 8 yeas, 1 nay; Alabama, 2 yeas, 3 nays; Mississippi, 1 yea; Arkansas, 2„yeas; North Carolina, 1 yea, 2 nays ; Florida, •$ yeas, 1 nay. Pittsburgh Convention of Soldiers and Sailors, September 26, 1466. General Benjamin F. Butler reported tbSM resolutions, which were adopted unanimously: By the soldiers and sailors of the army anS navy of the United States, in convention assem bled, be it Resolved, That the action of the present OoS1 gress in passing the pending constitutional amendment is Wise, prudent, just. It cleatlt defines American citizenship, and guaranties all his rights to 'every citizen. It places on a just and equal basis the right of representation, making the vote of a man in one State equally potent with the vote of another man in any State. It righteously excludes from places of honor and trust the chief conspirators, guiltiest rebels, whose perjured Crimes have drenched the land in fraternal blood. It puts into the very frame of our Government the inviolability ofthe national debt and the nullity forever of all obli gations contracted in support of the rebellion. 2. That it is unfortunate for the country that these propositions have notbeen reeeived'in'the spirit of conciliation, clemency, and fraternal feeling in which they were offered, as they are the mildest terins ever granted to subdued rebels. 3. That the President, as an executive officer, RESOLUTIONS OP CONVENTIONS. 241 has no right to a policy as against the legis lative department of the Government; that his attempt to fasten his scheme of reconstru"- 'tion upon the country is as dangerous as it is unwise ; his acts in sustaining it have retarded the. restoration of peace and unity ; they have converted conquered rebels into impudent claim ants to rights which they have forfeited, and places which they have desecrated. If consum mated, it would render the sacrifices of the na tion useless, the loss of the lives of our buried comrades vain, and the war in which we have so, gloriously triumphed, what his present friends at Chicago in 1864 declared to be a failure. 4. That the right of the conqueror to legislate for the conquered has been recognized by the .public law of all civilized nations ; by the oper ation o'f that law for the conservation of the good of the whole country, Congress has the un doubted right to establish measures for the con duct of the revolted States, and to pass all acts of legislation that are necessary for the complete restoration of the Union. 5. That -when the President claims that by the aid of the army and navy he might have made himself dictator, he insulted every soldier and sailor in the Republic. He ought distinctly to understand that the tried patriots of this na tion can never be used to overthrow civil liberty or bojpular government. 6. That the neutrality laws should be so amended.as to give tTae-ftulest liberty to the cit izen consistent with the national faith ; that the great Union Republican party is pledged to sus tein liberty and equality of rights everywhere, and therefore we tender to all peoples struggling ;for freedom our sytapathy and; cordial co-opera tion. 7. That the Union men of the South, without distinction of race or color, are entitled to the gratitude of every loyal soldier and sailor who served his country in suppressing the rebellion, and that in their present dark hours of trial, , when they raie being .persecuted by thousands, solely because they are now,. andhave been, true .to the Government, we -will not prove recreant to our obligations, but will stand by and protect with our 'IweB, if necessary, those brave men who remain true to ns when all around are false and faithless. '8. That in reorganizing the Army justice to the volunteer officers and soldiers demands that faithful. and efficient service in the field ought ever to have place in the army and navy of the '.Union. Cleveland Convention of Soldiers and Sailors, September 18, 1866. 'Col. li. D. Campbell reported these resolu tions, which were adopted unanimously: , The Union soldiers and sailors iyho served in the army and navy of the United States in the recent war for the suppression of the insurrec tion, the maintenance of the Constitution, the Government, and the flag of the Union, grateful to Almighty God for His preservation of them through the perils and hardships of war, and for His mercy in crowning their efforts with victory, freedom, and.peace; deploring the absence from their midst ofmany brave and faithful comrades who had sealed with their life-blood their devo tion to the sacred cause of American nationality, and determined now as heretofore, to stand by the principles for which their glorious dead have fallen, and by which the survivors have triumph ed, being assembled in National Mass Conven tion in the city of Cleveland, Ohio, this 17th day of September, 1866, do resolve and declare — 1. That we heartilf approve the resolutions adopted by the National Union Convention held in the city of Philadelphia, on the 14th day of August last, composed of delegates representing all the States and Territories of the United States. 2. That our object In taking up arms to su;p- press-tbe late rebellion was to defend and maintain the supremacy of the Constitution, and to pre serve the Union with all the dignity, equality, and rights of the several States unimpaired, and not in any spirit of oppression, nor for any per- pose of conquest and subjugation ; and that whenever there shall be any armed resistance^ the lawfully constituted authorities of our na tional Union, either in the South or in the North, in the East or in the West, emulating the self- sacrificing patriotism iof our revolutionary fore fathers, we will again pledge to its support "our lives, our fortunes, and our sacred honor." STATE CONVENTIONS, 1867. Connecticut. Republican, January 24. 1. That the result of the elections of the last autumn affords new proof of the devotion of the American people to the fundamental principles of free government, and of their determination to establish and confirm a Union based upon those principles only ; that we congratulate each other and the, country trpon that auspicious re sult, and pledge ;Ourselves that Connecticut, in this respect, shall emulate the example of her loyal sister States. 2. That the pending amendment to the Fed eral Constitution, in the generous magnanimity' of the terms which it proposed to the late insur gents, deserved and -should have received their grateful recognition ; that its rejection by them proceeds from a still prevailing spirit of rebel lion, and imposes upon the national authority the duty of establishing the Union upon none other than just and durable foundations ; that, in so doing, loyalty to the Republic should be recognized as the first of political virtues, and disloyalty as the worst of political crimes, and that the protection of all citizens throughout the Republic in the exercise of all the rights and immunities guarantied by the Constitution should be inviolably secured. 3. That the only just basis of human govern ments is the consent of the governed ; that, in a representative republic, such a consent is ex pressed through the exercise of the suffrage by the individual citizen, and that the right to that exercise should, not be limited by distinctions of race or color. 4. That in any revision of the revenue system the duties upon imports should be adjusted with a view to the encouragement of American indus try, without impairing the public revenue, and 244 POLITICAL MANUAL. thai the burdens now imposed by internal tax- atior should be alleviated as far as possible, and especially by the reduction of existing taxes upon incomes and sales. 5. That in the administration of State policy we are in favor of a rigid economy in expendi tures, and permanent provision for the steady reduction and final payment of the State debt. 6. That the Republican party is identified in its history, and by its essential principles, with the rights, the interests, and the dignity of labor ; that by all .the record of that history and all the sanctity of those principles it is bound in sym pathy with the toiling masses of society, of whom is composed the great proportion of its number, and that the workingmen of Connecti cut will receive at its hands every needed legis lative remedy of the evils of which they com plain. 7. That the present salutary law concerning the employment of children in manufactories and education of such children should be ren dered more efficient in its operation and more rigidly enforced. 8. That the Republican party regards with earnest solicitation the struggles,, of oppressed nationalities toward independence and purer liberty, and that it extends its earnest sympathy to Crete, to Ireland, and to Mexico, in their heroic efforts to liberate themselves from hated foreign dominion. 9. That the so-called Democratic Convention at New Haven, by its malignant spirit of hos tility to the Federal authority, its deliberate at tempt to renew the horrors' of civil war, and its ¦sanction of the treasonable utterances of its more prominent members, deserves, and should receive, the unqualified condemnation of every lover of of the National Union. 10. That a grateful people will never forget or cease to revere the heroic soldiers and sailors who, during the dark days of the rebellion, de voted their strength, their constancy, and their valor to the overthrow of an unholy rebellion, and rescued the country from its peril, and es tablished the Government on the rock of univer sal liberty. 11. That we heartily recommend to the peo ple of this commonwealth the gentlemen nomi nated by this Convention for State officers, and pledge ourselves to their cordial support and triumphant election. Democratic, January 8. Whereas', it becomes a free and intelligent peo ple, justly jealous of their rights and liberties, to frankly and fearlessly assert their views upon all great and important public questions ; and Whereas, when armed resistance to the author ity of the United States ceased each of the several States that had been in antagonism to the Gov ernment became, by the inherent force of the Constitution and the fundamental principles upon which our system of government is based, rein stated and restored to all their rights and privi leges ; and ' Whereas, the Supreme Court of the United States has declared " that if military government is coutinued after the courts are reinstated, it is a gross' usurpation of power. Martial rule can never exist where the courts are open and in J;he proper and unobstructed exercise of their juris diction:" Therefore, Resolved, That each and all of the States that were arrayed in armed opposition to the author ity of the Government of the United States, hav ing ceased sudh opposition, are now entitled to representation in the Congress of the United States, and to all other rights and privileges ap pertaining to the States of the Union. 2. That the Congress of the United States, in its present exclusion of the Senators and Repre sentatives of said States ; in its open and avowed determination to destroy the organization and subvert the authorities of said States, violates and undermines the Constitution of the United States, attacks the very principles that lie at the foundation of our system of government, and strikes a fatal blow at tfie financial and commer cial and industrial interests of the entire people of the Union. 3. That the Congress ofthe United States; in all its legislation, in its act levying internal taxes upon all the States, including the said States expressly by name ; in its act prescribing the number of Representatives in Congress for all the States ; in its act in submitting the con stitutional amendment abolishing slavery to all the States ; in its act of last session, submitting another proposed constitutional amendment to all the States; in its joint resolution, passed with almost entire unanimity, declaring the ob ject ofthe war to be " to defend and maintain the supremacy of the Constitution, and to pre serve the Union with all the dignity, equality and rights of the several States unimpaired ;': and in other acts has uniformly, from the com mencement of the civil war to the "present time, in the most deliberate manner, recognized said States as existing States, and as States in the Union. 4. That the executive department of the Uni ted States, by its proclamations, its administra tive action, and in ita diplomatic intercourse with foreign Powers, has uniformly recognized all the said States as existing States, and as States in the Union. 5. That the judicial department of the United States, including the Supreme Court at Washing ton, the circuit courts in the several circuits, and the district courts in their respective districts, has uniformly recognized the said States as ex isting States, and as States in the Union. 6. That this repeated recognition of said States as existing States, and as States in the Union, by the executive, judicial, and legislative de partments of the Government, leaves no ques tion that the exclusion of these States from Con gress, governing them and taxing them without representation, is not only a violation of the Federal Constitution in its most essential part, and tyranny as defined by the Declaration of Independence, but a most flagrant breach of public faith, alike prejudicial to the best inters eBts and to the honor of the country. 7. That in the Supreme Court of the United States we possess a tribunal that may be justly termed the bulwark of republican liberty, and in the language of its eminent jurists, "The Constitution of tho United States is law for rul'ert and people, equally in war and in peace, and eov-rs witl its shield of protection all classes of men uuder all ciraiin- RESOLUTIONS OP CONVENTIONS. 245 itn urn" * * "No doetriuo involving more pernicious tot sequences was ever invented by tbe wit of man, than that any of its provisions enn be suspended during any of the great exigencies of government. Such a doctrine leads di rectly to anarchy or despotism. But tho theory of necessity, upon which this is based, is false, for the government -within the Constitution has the powers granted to it which aro necessary to preserve itB existence." . Thus, the Supreme Court of the United States in 1866, vindicates and sustains the positions assumed and announced by the Democracy of Connecticut in convention in 1863. , 8. That after solemn deliberation, it is the opinion of this convention that the suggestion of our conservative brethren of Kentucky, that a convention of the Democracy and all constitu tional Union men of the thirty-six States should be called without delay by the National Demo cratic Committee ; and we respectfully suggest that said convention meet in the city of New York on the 4th day of March next, to advise and counsel upon the great questions that agi tate the public mind ; to protest against the rev olutionary and unconstitutional acts of the pres ent majority of Congress ; to announce the determination of the conservative men of the Union ; to resist and oppose .by conititutional exercise of power the disorganizai ion of States and the destruction of State authority. 9. That the thanks of every patriotic citizen are eminently due the President of the United States for his repeated exercise of the Executive power in behalf of the Constitution and the rights of the States ; and we pledge to him our support in all his future efforts to the same noble end. Rhode Island. Democratic, March 11. 1. That frequent innovations upon our laws are pernicious, as tending to confuse the minds of the people and destroy that reverence for le gal authority which is essential to the perpetuity of the State and the safety of tbe citizen. 2. That we.regard the judiciary as the shield of the people against the unwise or arbitrary acts of popular or official passion, and that any at tempt to wtelken or override the authority of our courts, or to detract from their dignity, im perils the very existence of the Republic. .3. That after an exhausting war our whole energy should be turned to the development of all our internal resources and to the increase of our commerce ; that our system of taxation ought to be so adjusted as to bear equally upon all classes of the community and all sections of the in all sections of the Republic, to accept the cir cumstances which have resulted from war; t* endeavor by all means consistent with honor to adapt themselves to the new status thus created, and to conform to itboth in legislation and in personal and official regard for each other. As to political supremacy, we are content to await the hour when the fury of passion gives place to the temperance of reason, and the hitterness of hate is lost in the lapse of time. Maryland. Republican, February 27. Whereas the present state of national affairs, and the action of the coalition which, by the treachery of Governor Swann, now usurps the power of the State, have caused this assembling of the Unconditional Union men of Maryland, and render proper a clear utterance on all the issues of the times : Therefore, Resolved, by the Republican Union party of Maryland, in State Convention assembled, That we cordially approve the reconstruction bill which has been passed by Congress, and that we declare the principles of impartial manhood suf frage contained therein to be the only secure basis of reconstruction, and that the time has come when its adoption by every State is de manded by every consideration of right and in terest. 2. That we hail the result of the late elec tion in Georgetown as a practical proof of the wisdom of Congress, and as the omen of loyal control over all the South. ., 3. That the convention bill now before the Legislature is in conflict with the existing con stitution, and can be made valid only by the as sent of the people of the State and the Govern ment of the United States; and that no change of the existing constitution can or shall be made, or ought to be recognized by Congress, which is not made by impartial manhood suffrage, with out respect to color. 4. That we request the Republican members of the State Senate to prepare an amendment to said bill basing representation upon popula tion and submitting the question of a conven tion to all the male citizens of the State, and providing for a new State government on the basis of impartial manhood suffrage ; and that we shall insist that any change in the constitu tion shall be made upon this basis, and that no State government now erected without impartial manhood suffrage ought to be considered repub- nntry, to necessitate the least expense in col-/Jican; and that, in the event of the passage of 4. That the Democratic party, having spent much of its blood in a struggle to preserve the_ union, will watch earnestly and anxiously and labor patiently for the same great end in the .present not less terrible, though bloodless, con test. We believe it to be the duty of all people, the oppressive and anti -republican bill now be: fore the Legislature, we will appeal to Congress $o provide for the assembling of a convention in this State on the basis of the reconstruction bill, lection, and relieve as rapidly as possible the burden of debt; that our laws ought to be so framed as to require the smallest possible number of officials in their execution, since a multiplicity' . of offices begets arrogance and corruption in the^'and to organize a loyal State government with holders, and discontent in the people, who un- impartial suffrage. Willingly lavish that money upon the leeches on 5. That further to carry out the object of the the body politic which should go to nourish the .foregoing resolutions, this convention, when it body itself. ^ - adjourns, i / , stands adjourned to meet at the call of its president, on such early day after the ad journment of the Legislature as the president may by public notice direct, and in the event of the president being prevented by any cause from acting, the chairman of the State Central Com mittee be empowered to make such call. 246 POLITfCALi MANUAL. Republican, Maech 27. Whereas the Legislature of Maryland has since the adjournment of this Republican State Con vention on the 27th of February, passed the con vention bill, in regard to -which this convention- has already in previous resolutions declared its judgment, and this convention is now reassem bled as provided for by its fifth, resolution on the contingency of the passage of said conven tion bill : Therefore, Resolved, That we return our thanks to the Republican members of the General Assembly for their memorial to Congress presented to that body on the 25th of March, and this convention in behalf of the majority of the people of Mary land appeal hereby to the Congress of the United1 States to grant the request of that memorial * *The memorial is as follows: ** To tlie Honorable Senate and House of Representatives of the " United States : "The undersigned, members of the General Assembly of Maryland, respectfully present this memorial to your hon orable body on tho condition of public affairs in. ihis State, to which they ask the immediate consideration of the na tional legislature. The General Assembly of Maryland is about to adjourn, after a session as memorable for evil and as important to the country as that which consigned, tho legislature of 18G1 to the casemates of Fort Warren. Elected id great part by the deliberate violation of the election laws of Ihe State by the votes of men who were in active acco d with the rebellion, and whose hatred to, the Government rendered the piesence of military force during tbe war ne cessary to prevent their active aid to the rebels in arms, and in spite of winch they did give large aid in men and money, they have marked their session- by a series of acts to which we desire to call yourattention. ';Tho rebels of Maryland sent South during the war some 2G;000 soldiers to the rebel army These men have nearly all returned, and an emigration from the South since the war has largely adiled to their number. By doubtful con struction of a clause of the existing constitution, this Genr eral Assembly, thus elected, has enfranchised all white men, no matter what treason they have committed^ and thus havo added to the voting population about 30,000 per sons who have only lately ceased an armed resistance to the Government Not-satisfied with this, they have just passed i militia bill, which, in direct defiance to the present consti tution of the State, bus made -.<]\ white rebels, no matter. what theirprevious treason, part of the militia force. They have, by deliberate vote, refused to exclude, even from the highest office under this law, any person, no matter what his rank in the rebel arrav, and they are about to put in force this law, the effect of which is against our own consti tution and the army laws of Congress, and which puts in the rear of the capital an armed force, composed largely of tho same men who have just been forced to cease armed at tempts to capture the capital. " One great object of this bill is to better carry out the scheme of revolutionizing the government of the State, abolishing the existing constitution, and making another, still more firmly fastening on the necks of loyal people the yoke of rebel control. Tlie present constitution of Mary land, while it does nnt allow colored suffrage, does not give to the late masters the right to repi esent in the legislature their disfranchised freedmen. It bases representation on white population. These conspirators, not satisfied with controlling the legislative and executive departments, have passed a bill calling an election for a constitutional conven tion on the 10th day of April, the convention to meet on the second Monday of May, 1867. This they have done, although the constitution provides that the legislature shall pass no laws providing for a change in the existing constitution ex cept in the mode therein prescribed ; and although the con stitution regulates the representation in any convention called to make a nev/ constitution by fixing it the same as that of each county in the General Assembly, they having fixed an arbitrary basis of representation which, while it excludes the colored man from the ballot-box, gives to the old wom-ont counties, which were as rebellious as South Carolina, an increased representation, by which the oppres sor is to represent the opprossed against his will, and by which a minority of tho people of the State are to hold in their proposed convention the same power as the majority. The Stato-of Maryland has at present a colored population of at least 200,000, nnd by emigration sinco the war perhaps 2d04000, making a voting population of from 40,000 to 50,008* Inmost of the counties whose representation has thus been 2. That we will oppose anjr new constitution set up in subversion of the existing constitution under the convention bill which does not express the will of the* majority of the peoole without regard to color,, and that we: will, with, the aid of thj9> loyal representatives of the nation, and by all means in our power, resist and destroy any such constitution as a revolutionary usurpa tion. 3. That \v& will take no part- in the approach-' ing election for delegate? to a constitutional coa- vention- further tban to= recommend a general vote ot tbe Republicans of the State against) th* call for a convention, and to use every lawful' means in their power to defeat the call. 4. That should the call be sustained by a ma- illegally increased, the colored, population is equal to oi greater than the white. The House of Representatives of the- United States has already passed a resolution- of inquiry whether the present constitution of this- State i&now repub lican, and since the colored man is now a citizen, it may well; be dbubtful whether a State which excludes for nc crimo one-iourlh of its population who are citizens is re publican. This General Assembly has inaugurated* how. ever, a movement which, from the illegal representation* made in the bill itself, actually now accomplishes not onlj the exclusion of this population Irom sutffcage, but alse gives the disloyal population a representation for them "The present judiciary of the State is for the moat par) loyal, and one object of this movement is to legislate out all the remaining loyal officers whom they have not already. removed, and place ex-rebels, perhaps brigadiers and colo nels of the rebel army, in their places. Not satisfied with the pardon and the charity which Union men have ax? tended, they have commenced a reaction against tho results of the war, and determined on a policy which, if unchecked. destroys a I«yal constitution, and puts in its place one made by traitors, and flagrantly an ti- republican, and places ap armed m.litia of disloyal men and a minority government of rebel sympathizers and rebels in the complete possession, of this State. "While the South is about to commence a career of free dom and progress, these men, untaught by the lessons of the past, havo determined, by the forms of law, but in real vio lation of both the State nnd Federal law, ta put this State back into a condition of darkness, and slavery. These acta, we submit, are in violation of State and national law, op pressive, revolutionary, and dangerous to the order and=peace of this nation. Tbe Union men of Maryland are pmmiog under this tyranny; they are now oppressed by, verdicts of disloyal juries hi many counties; immigration to the Statej except irom the South, is stopped, and' many loyal men are deliberating upon leaving, the State-. The most, however are ready, by all personal means, and at all personal haz ard*, to resist this infamous attempt at oppression. "The danger of bloodshed is imminent and thfr times are perilous. We call upon Congress not to ad |pnTO before set tling this grave matter, which, if not settled, may startle them in their recess by something worse than the masssvre at New Oi'leans. although not so unequal and one-sWecl. We earnestly ask, on the part of the majority of the people- of Maryland, deprived of legal voice except through ne, a minority of the General Assembly, that Congress will *ruar- anty to us a republican form of government on the only basis, of right, truth, and pen.ee — impartial suffrage, wj:%0ttt respect to race or color, as it has already guarantied t to the southern States. Curtis Davis, Senator from Caroline. Charles E. Trail, Senator from Frederick. Jacob Tome, Senator from Cecil. Elias Davis, Senator from Washington. Hart B. Holtom, Senator from Howard; James L. Billingsl-ka, Senator from Carroll. Edward P. Philpot, Senator from Baltimore- county Daniel C. Bruce, Delegate from Allegany. Jonathan Tobet, Delegate from Washington. A. E Apbleman, Delegate from Washington. Thomas Gorsucb, Delegate from Frederick J. P. Bisnop, Delegate from Washington. Benjamin Pool, Delegatefrom Carroll. James V Criswell, Delegate from CaurolV John L. Linthicum, Delegate from Frederick. J.R. Rouzer,. Delegate from Frederick. Henrt Baker, Delegate from Frederick. R. C. Bamiford, Delegate from Washington, S. R. G.'ris, Delegate from Carrolj." This memorial was signed by all the Republican me*^)ionr who were present at Annapolis when it was signed1. RESOLUTIONS Of CONVENTIONS. 247 jprity of the voters, that the State Central Com mittee, on ascertaining that result, issue a call (ac district meetings to be held in every election (jigtrict in the. State, for the chpipe by ballot, on (foe. basis of universal manhood suffrage, of dele gates to a State, constitutional convention, each county and the city of Baltimore to elect the mjmber to. which they may he, entitled under the present constitution of th6 State. 5„ That said State constitutional convention, jf1 called, shall assemble in the city of Baltimore ' on the first Wednesday in June, and proceed to form a constitution based on universal manhood Wfege- 6. That courage, wisdom, and; action are all feat Is necessary to success, and we call on the tried Union vet.era.ns of the State, who have been hardened by the. conflicts, of six; years of battle and agitation, tq fly high the banner of liberty and Union, and know no end but victpry. This memorial was, presented:, and referred to the Committee on. the Judiciary. 04,11 FOE STATE REPUBLICAN CONVENTION. At a meeting of the, Republican Union State antral committee of Maryland, held qn Wednes day, April 17, 1,867, the fqllowing resolutions were unanimously adopted : Resolved. That all male citizens of Maryland, ^ho are opposed to. the. organized conspiracy ftbout tq assemble at Annapolis on the 8th day of May, are requested to. meet in primary assem blages, in the, various connties and the city qf .^Jtimore, at such time as may be most con venient, to elect delegate? to a State Republican convention, which shall assemble in Baltimore oityon Tuesday, May 14, at 12 o'clock, m. Resolved, That the State cqnvention will be g^pected to take into consideration the present condition of political affairs in the State, and to deliberate upon the best method of guaranteeing to the'people. a republican form of government. Jotheprimary meetings, the county conventions, and the State convention are invited all loyai ^ti^ens, without regard tq past political differ ences, race, or colqr, tyhp subscribe to the doctrine pj the Republican Union party. The number of: delegates to the State convention will not be limited; but, the, counties and the city of Balti more shajl be entitled to the same number of Votes in the convention as they have represent atives in both houses of the General Assembly. The members of the State central committee of (jhe, different counties will announce tha day for holding the primary meetings, county conven tions, or mass conventions, in the several coun ties, and the executiye cpmmittee will fix the day for the aforesaid purposes in the city of Balti more. Thomas J. Wilson, Chairman,. J. W. Clayton, Secretary. Ohio. Democratic, January 8. 1. Resolved, That the democracy of Ohio ^eadfastly adhere to the, principles of the party as expounded by the fathers, and approved by experience; that in accordance with these prin ciples we declare that the Federal Government is a government of limited, powers, and that it Possesses no powers but such as are expressly, or by necessary implication, cjelegated to it in the federal Constitution ; that all other powers are reserved to the States or the people ; that a strict, construction of the Constitution is indis pensable to, the preservation of the reserved rights of the States and the people; that all grants of power' to Government, whether State or federal, should be, strictly construed, because all such grants abridge the natural rights of men; that the preservation of the equality and rights of theState and the rights. of the people is neces sary to the preservation of the Union ; that the Federal Government is unfitted to legislate for, or administer tlie local concerns of, the States'; that it, would be monstrous that, the, local affairs of Ohio shquld be regulated by a federal Con gress in which she has but two Senators, and the New England States, with but a, little, greater population, have twelve ; that the tendency of the Federal Government is to usurp the reserved rights of the States and of the, people ; and that, therefore, a centralization of power in its hands is. an, ever-pending danger ; that such an absorp tion of power would, while it lasted, be destruc tive of the liberties and interests of the people, and would end either in despotism or a destruc tion of the. Union ; that a national debt, besides impoverishing the people, fosters an undue in crease, of the powers of the Federal Government; that high protective, tariffs have a like effect, sacrificing the interests pf the many for the emoluments of the few, and plainly violating the equity and spirit of the Constitution ; that the collection and disbursement of the enormous revenues by the Federal Government have the sarne tendency, besides corrupting the Govern ment, and that, therefore, economy is essential not only to tiie prosperity, but also to the liber ties of the people ; that unequal taxation is a plain violation of justice, of which no govern ment can safely be guilty; that to each State belongs the right to determine the qualification of its electors,,, and all attempts to impair this right,, either by congressional legislation or constitutional amendment, are unwise and desr potic ; that the tendency of power is to steal from the many to the few, and that, therefore, "eternal vigilance is, the price of liberty;'' that the tendency of the Government is to en large its authority by usurpation, and therefore the Government needs to be watched ; that an other of its tendencies is to govern too much — unnecessarily and vexatiqusly interfering with the business, and habits of the people; that the freedom qf speech and of the press is essential to the existence of liberty ; that no person not in thq military or naval service, or where the civil courts are prevented by war or insurrection from exercising their functions, caD lawfully be deprived of life, liberty, or property, without due process of civil law ; that the courts should always be open for the redress of grievances; that no ex post facto law should ever be made; that, in the language of the Supreme Ccurt, " the Constitutiqn of the United States is a law for the rulers and the people, equal in war and in peace, and covers with the shield of its pro tection all classes of men, at all times and under all circumstances No doctrine involving more pernicious consequences was ever invented by the wit of man than that any cf its provisions -248 P0LI1ICAL MANUAL. can be suspended during any of the great exigencies of government. Such a docrine leads directly to anarchy or despotism ;" that the right of the people to peaceably assemble and consult upon public affairs is inviolable ; that the mili tary should be held in due subjection to the civil power ; that while the majority, as pre scribed by the Constitution, have the right to govern, the minority have indefeasible rights ; and that a frequent recurrence to first principles js essential to the welfare of the State and the people. 2. That the States lately in rebellion are States in the Union, and have been recognized as such by every department of the Government, and by President Lincoln, who, in the midst of war, in vited them to elect members of Congress ; by President Johnson, in various proclamations and official acts ; by Congress, which permitted An drew Johnson to sit in the Senate as a feeuator from Tennessee, and members from Virginia, Tennessee, and Louisiana to sit in the House of Representatives after those States had seceded, and while the war was being carried on, and which further recognized them as States in the Union by the congressional apportionment act, providing for their due representation in Con gress ; by various tax laws, and especially by the direct tax; by the resolutions submitting amendments to the Constitution for their ap proval, and by various other acts and resolutions imparting the same recognition, all of which were passed since the attempted secession of those States ; by the judiciary of the United States, which holds federal courts in all those States, and especially by the Supreme Court, which enter tains jurisdiction of cases coming from them, which it could not do were they not in the Union. That being thus in the Union, they stand on an equal footing with their sister States — States with unequal rights being a thing unknown to the Constitution ; that, by the express terms of the Constitution, each State i3 entitled to have two Senators and a fair proportion of Representatives in the Congress, and to vote in all elections of President and Vice President ; that, though these rights are subject to interruption by a state of civil war, they cannot, in time of peace, be sus pended, much less destroyed, without a plain violation of the Constitution ; that the" assent of three-fourths of all the States, whether repre sented in Congress or not, is essential to the val idity of constitutional amendments ; that Con gress has no power to deprive a State of its reserved rights and reduce it to a territorial con dition ; that, therefore, the exclusion, by the so-called Congress, of all representation from ten States, the proposed exclusion of those States from all voice in the next presidential election, the threatened overthrow of their State govern ments, and the reduction of their States to the condition of Territories, are each and every one of them unconstitutional, revolutionary, and despotic measures, destructive not merely of the rights of those States, but also of the rights of every other State in the Union. That those measures are parts of a plan to nullify the Con stitution, to virtually overthrow the State gov ernments, to erect a consolidated despotism on their ruins, and to establish and perpetuate a tyrannical rule of a minority over a majority of the American people. That the people cannot, without a loss of their liberties, prosperity, and honor, submit to such a result; and, therefore, in the hope that the warning will be heeded, and the danger to our institutions be peaceably averted, we do solemnly warn the advocates of the plan that it will not be submitted to. 3. That Congress is not an omnipotent law making power ; that the Constitution provides that no bill shall become a law without the ap proval of the President, unless it be passed by two -thirds of each House of Congress; that one' of the objects of the present so-called Congress in excluding ten States from representation is to pass bills by a two-thirds vote, which, were all the States represented, could not pass, and thus to abolish the constitutional provision aforesaid] that if the precedent be acquiesced in there will be nothing to prevent a bare majority of Con- gresB, at any time in the future, from nullifying the constitutional veto ofthe President, andusurp- ing uncontrolled legislative power by an exclu sion of the minority from their seats ; that the exclusion of a single State might give this con trol, and a pretext for such an exclusion would never be wanting to an unscrupulous and revo lutionary party. 4. That the people, and especially those of the agricultural States, have suffered too long the exactions of high protective tariffs, and as tKe representatives of an agricultural and laboring population, we demand that their substance shall no longer be extorted from them in order • to fill the pockets of eastern monopolists. 5. That unequal taxation is contrary to the first principles of justice and sound policy, and we call upon our Government, Federal and State, to use all necessary constitutional means to remedy this evil. 6. That the radical majority in the so-called Congress have proved themselves to be in favor of negro suffrage, by forcing it upon the people of the District of Columbia against their wisj, solemnly expressed at the polls ; by forcingrlt upon the people of all the Territories, and by their various devices to coerce the people of tbe South to adopt it ; that we are opposed to negro suffrage, believing it would be productive T>f evil to both whites and blacks, and tend to pro duce a disastrous conflict of races. 7. That for their efforts to uphold the Consti tution, we tender to the President and to the ma jority of the judges of the Supreme Court of the United States our hearty thanks. - , 8. That we are in favor of a Democratic con vention of delegates from all the States, to be held at such time and place as may be agreed upon, and that the State central committee he authorized to concur with other proper commit tees in fixing time and place, and that we prefer Louisville, Kentucky, as the place. 9. That the Democratic newspapers of Ohio deserve our earnest and liberal support, and.th.at an early and thorough organization of the party is indispensable. Tennessee. Republican, February 22, 1867. We, the representatives of the loyal people'of Tennessee, in convention assembled, are thank ful to Almighty God for the ficcess of the arms RESOLUTIONS OF CONVENTIONS. 249 of the United States over the army of traitors, who sought to destroy the best government ever known to man, thereby saving us and our poster ity the blessings and privileges of our republican institutions, and a solution of the heretofore doubtful problem that man is capable of self- government. " We hold these truths to be self-evident :" 1. " That all men are created equal, endowed with certain inalienable rights," and therefore the law should afford equal protection to all in the exercise of these rights, and, so far as it can, insure perfect equality under the law. 2. That a State or a nation should be governed, controlled, and directed by those who have saved it in times of peril, and who seek to preserve it with friendly hands from foes and dangers, ex ternal and internal. 3. That a wik. are for the public safety some times renders it necessary thai those who have sought resolutely to overthrow a government Bnould not hastily be restored to the privileges of which they have deprived themselves hy their crime of ^treason ; certainly not until they have shown evidence of sincere repentance, and a disposition as energetically to support as they have in times past sought to destroy. ,4. That rebellion is disfranchisement, and apned attempts to overthrow our common gov ernment treasonable expatriation ; and the pres ent franchise organic law is but the declaration of the handiwork of secession and rebellion. 'Those who have sought our country's ruin can not be intrusted with its safety. 5. That lawless violence, reckless disregard of the rights of person and property, murder, as sassination, arson, and kindred crimes, must be put down by the strong arm of power, and be made to feel that law is indeed a terror to evil doers. 6 Therefore, in accordance with the above principles, we fully indorse the policy and ac- tioii ,of the General Assembly of the State of , Tennessee, in restricting the elective franchise Jo those who are not hostile to the Government, in extending it to those who proved their loy alty by imperiling their lives, and who need this privilege for their own protection, and in establishing a military organization which shall give necessary physical support to the moral power of the State government, becoming a salu tary terror to evil-doers and a cheerful hope to those who do well. 7. That the " privileges and immunities " guarantied under the Constitution of our Union to the loyal from other States, and the pledge of freedom and equality in the declaration of American Independence, shall be living truths %nA practical maxims in Tennessee, for the pro tection of " life, liberty, and the pursuit of hap piness." „ 8. That we have entire confidence in the in tegrity, wisdom, and ability of the Republican Union majority of Congress, and deem it sig nally fortunate that .they, in whom alone the power resides to restore, preserve, and govern the oountry, have shown themselves so emi nently fitted for these high duties, that no State BhPuld be admitted to representation in Congress without adopting the constitutional amendment. 9. That the Republican Union party of Ten nessee are in favor of free speech and free dis cussion, and to this end we invite our friends from other States to come among us, and discuss the great issues now before the people, and we pledge the Republican Union party of Tennes see to tolerate all legitimate discussion, and at the same time claiming equal privileges on our part ; and that any interference to prevent this will be regarded as an unwarranted act, and re sisted to the last extremity. 10. That we honor the firmness, courage, and wisdom which have characterized the administra tion of our Chief Magistrate, the Hon. Wm. G. Brownlow, and while we sympathize with him in his bodily suffering, we admire the healthy mind, conscious to itself of rectitude, which bears with like equanimity the throes of pain and the perilous cares of State ; and that we declare him the unanimous choice of the loyal people of Ten nessee for our next Governor. 11. That we cover our faces with shame when we contemplate the disgrace brought upon our beloved State by the defection and degeneracy of her unprincipled adopted son, who by the bullet of an assassin has ascended to the Chief Magistracy ofthe nation ; and we shall cordially endorse any action of Congress which shall legiti mately deprive him of continued power to dis turb the peace of the country. " Conservative," April 17, 1867. We, the Conservative men of Tennessee, adopt the following platform of principles : 1. We are in favor of the Union of the States under the Constitution ofthe United States. 2. We are the friends of peace and civil law, and that these great objects can be best pro moted by legislation recognizing equal and exact justice to all — exclusive privileges to none. 3. We are in favor of the immediate restora tion of our disfranchised fellow- citizens to all rights, privileges, and immunities of full and complete citizenship. 4. That our colored fellow-citizens, being now citizens of the United States and citizens of the State of Tennessee and voters of this State, are entitled to all the rights and privileges of citi zens under the laws and Constitution of the United States and of the State of Tennessee. 5. We are opposed to the repudiation of the national debt, and are in favor of equal taxation as the proper method of paying the same. 6. That the establishment of a standing army in our State, in time of peace, is a flagrant and dangerous encroachment upon the rights and liberties of the citizen, heavily oppressive to the tax-payer, and evidently designed to overawe the voters at the ballot-box. 7. We cordially approve of the patriotic efforts of Andrew Johnson, President of the United States, in defending the Constitution, preserving the Union of the States, and maintaining the supremacy of the laws. Alabama. Resolutions op the Geand Council op the Union League, April, 1867. Resolved, That the Alabama Grand Council of the Union League of America return thanks to the Congress of the United States for its patri- 250 POLITICAL. MANUAL. otic action in affording to all the people an op portunity, on fair term's, to. re-organize the gov ernment of the State, to put. her destinies mto the hands of true Union men, and' to unite her again to her- sister States by the only enduring bond of unswerving loyalty. 2. That we bail with joy the, recurrence to the fundamental principle on which our forefathers achieved their independence — -"that all men are created equal;''' that we welcome its renewed proclamation as a measure of simple justice to a laithful and patriotic class of our iellow-men, and that we firmly believe that there could he no lasting pacification of the country under any system which denied to a large class of our pop ulation* that hold upon the laws which is given by the ballot. 3. That while we believe that participation in rebellion is the highest crime known to the law, and that those guilty of it hold their continued existence solely by the clemency of an outraged but merciful Government, we are nevertheless willing to imitate that Government in forgiveness of the past, and to welcome to the Republican Union party all who, forsaking entirely the prin ciples oh which the rebellion was founded, "will sincerely and earnestly unite with us in estab lishing and maintaining for the future a govern ment of equal rights, and" unconditional loyalty. 4. That we consider willingness to elevate, to Eower the men who. preserved unswerving ad- erence to the Government during the war as the best test of sincerity in professions for the future. 5. That if the pacification now proposed by Congress be not accepted in good faith Dy those who staked and forfeited " their lives, their for tunes, and their sacred honor " in rebellion, it will be the duty of Congress to enforce that for feiture by the confiscation of the lands, at least, of such a stiff-necked and rebellious people. 6. That the assertion that there are not enough intelligent loyal men in Alabama to administer the government is false in fact, and mainly pro mulgated by those who aim to keep treason re-- spectable, by retaining power in the hands of its friends and votaries. Arkansas. Republican, April 5, 1867. The people of the State of Arkansas, willing to associate together for the purpose of co-op erating with the National Union Republican party of the nation in securing andmaintaining equal legal and political rights to all the citi zens of the Republic 'and restore the State to its political relations in the Union, now here in State convention assembled, do proclaim and declare the following declaration of principles on which they have unanimously agreed : I. That we will ever defend the Constitution of the United States thereunder as the sacred palladium of our rights and liberties. That the Union of the States under the Constitution constitutes a national Republic, and not a mere league of independent States, and that the Con stitution of the United States and the laws made in pursuance thereof are the supreme laws of the land, anything in the. constitution or laws of any State to the contrary notwith standing. II. That we arraign the unprincipledaqu;^. rupt demagogues who fpr so. many years iielj1 every office and exercised a despotic control ovejp its legislation as the sole authors of the present deplorable condition of the State and its popple, Tb'convict them of the folly and' crime of hay ing brought upon the people of the^ State t^eij present woes,, let facts, be,- stated.. 1. They appropriated to tb.ei'r own. us.e and squandered the grants of money a,nd lands, njadg to the State by the National Government for, ed^ ucational purposes, and then refused tq provide. free schools or' make sufficient provision for the education of the youth of the State. 2. They in like manner appropriated to their own use and otherwise squandered; the swamp land'grant and all other grants of land made by thjj National Government to the State for internal improvements and other purposes.;, and refusing to make any provision therefor, the State is left to this day without a completed railroad or q.ther work of internal improvement within her,boi5t ders. 3. They issued the bonds of the State as a '¦ pretended basis for a banking, capital, and nay-i : ing negotiated the bonds and appropriated tjh§ proceeds to their own use, the State is left to> pay their bonds, with years of accumulated' in- ¦ terest, amounting in the aggregate to- rnillipnij j of dollars. 4. In a time of profound peace, and when tha people of the State were enjoying a degree of prosperity and happiness unparalleled in anjs country on the globe, these unscrupulous anq reckless demagogues, actuated by none but the most selfish purposes and wicked'ambition, with, a design °f founding a, government based on. human slavery, and governed and controlled by an aristocracy of office-holders and slave-owners^ and in defiance of the expressed will of the pep. pie at the, ballot-box, and in violation, of their own pledges, passed an ordinance of secession, proclaimed the State out Qf the Union, madet war upon the National Government, and. by the use of vigorous conscription laws and a mili tary rule, the despotism of which is without a parallel in the history of the world, they forced; an unwilling and loyal people, who loved their country and' its flag, to join in an effort to de stroy the Government that had showered, bless ings on them and their fathers. Having inaugurated the rebellion for these,' hateful purposes, they secured1 to themselves alt the civil and military offices of their insurrec tionary government, and. they us^d the power thus usurped over the'lives, liberty, and property- of the people to coerce them to join in their treaj- son and rebellion, and wickedly and wantonly protracted the struggle, until one-third of thei^ victims were in their graves, and the. property of all impressed, wasted away, or destroyed. 6. Failing to destroy the Republic and rob the people of their liberty by force of arms, they re turned and at once demanded to be restored to, the. offices and control of the State, and speedily possessed themselves of the legislative depart ment, the supreme court, and. other important offices. Again in power in the State they re newed the atrocious system of. plunder and op pression- The brief respite enjoyed by the people of the State from the despotic control of these RESOLUTIONS OF CONVENTIONS. 251 political vampires, who fled the State in 1863 to avoid a just punishment for their crimes, had enabled a loyal provisional government, by an honest and economical administration, to accu mulate in the treasury of the State over $150,000 in cash. The treasury is at once plundered by these men of this hard-earned money of the peo ple; extravagance, corruption, favoritism, and oppression mark their every act ; the loyal men ol the State are wronged and oppressed, and de nied redress ; treason is made a virtue and loy alty a crime ; the constitution of the State is set at defiance, and the pretended laws and decrees of the now defunct rebel government declared to- be in full force and binding on loyal people .. living under the Constitution of the United States. The obligations and evidence of indebt edness of the rebel State government which these men issued to themselves, and obtained fraudu lently and without consideration, and of which the most unscrupulous of these men he-Id large amounts; are declared to be binding on a loyal State and a loyal people ; they refuse- to take the necessary, reasonable, and just steps to restore the State to the Union and representation in Congress, and contemptuously reject terms of Battlement the most magnanimous and liberal ever offered to men in their position, and up to the present moment continue to present an atti tude of hostility to the National Government, its authority, and supporters, bordering on open rebellion, and dangerous alike to the peace- of the nation and State, and" the safety of loyal and law-abiding men. And Congress wisely and justly judged that reconstruction- was impossible while such constitutional and chronic traitors, plunderers of the public treasury and oppres sors of the people, were permitted to exercise the political power of the State, which they have usurped and so long held by fraud, deceit, and oppression. HI. That we recognize the power and right of the National Government to determine the method and apply the means of reconstructing the rebel States, and of providing lawful gov ernments for the same, and do willingly abide by and heartily accept the measures adopted, or which may hereafter be necessarily prescribed by Congress for a full, perfect, and final recon struction of said States ; and to the end that the State may be admitted to its wonted position in the Union and representation in Congress; that the liberty and rights of every citizen may be secured and sacredly guarded and protected under an honest, competent, and loyal State government; that the credit of the State may be restored, and economy in the public expendi tures secured ; that the construction of railroads and other internal improvements so necessary to the prosperity of the State may be com menced and vigorously prosecuted ; that an en lightened and judicious system of free common schools, providing- for the education of all the children of the State, may be inaugurated ; that emigration and capital from- every quarter may be invited and induced to enter our State, and that peace, security, and prosperity may be re stored to the State and all its people, we declare that we are in favor of immediate action under and in conformity to the acts of Congress, and we hereby tender to the major general command ing this district our hearty and cordial support and co-operation in the honest and faithful exes cution of the same. IV. That we denounce the guilty authors of the late rebellion who refuse to acquiesce in the necessary, legitimate, and iuf.t results of their own folly and crime, and who? are now counsel-, ing the people to renewed opposition and resist-. ance to the legitimate and lawful authority of the National Government, as enemies of the Union, and all the- dearest and best, interests of the State and her people, and they deserve andl should receive the scorn of every honest citizen who desires to Bee law-, and order, and peace, security, and prosperity secured to the State. V. That the most dangerous enemies of tho nation and State are the disloyal newspapers and political demagogues, who, while they de nounce the late action of Congress as illegal, unconstitutional, and despotic, nevertheless de-. clareit to be their purpose to control, if they can, all action thereunder, with the declared pur pose, as soon as representation in Congress is secured1, of immediately repudiating their com pact with tbe Nationail Govornment, and by a change of the constitution of the State disfran chise the- recently enfranchised citizens of the State, prohibit the- education of their children, and adopt other reactionary and revolutionary measures. VI. That the Congress of the nation iB sol emnly pledged not to recognize any State gov ernment mad® by and in the hands of open and declared enemies of the great principles of lib erty and justice embraced in the measures of reconstruction ; and more especially will Con- fress refuse to recognize a government in the ands of men who avow it to be their purpose to overthrow these great principles the moment they obtain congressional recognition of their dishonest and hypocritical action ; and we warn every good citizen of the State who favors recon struction and wishes to enjoy the blessings and benefits to be derived from our early restoration to the Union against the criminal folly of in trusting the work to such hands. VII. That we heartily indorse all meetings- and conventions heretofore held in the State which had in view the reconstruction of this State in harmony with the will of Congress. VIII. That State taxation shall be equal and' uniform, and that no discrimination should be made in favor of one species of property at the expense of another; IX. That all the citizens of every county in the State who approve of the- declaration of principles, and purposes here announced are earnestl-y urged to meet in their respective coun ties and organize, and report their organization- to the chairman of the State- central committee, at Little Rock, in order that a united and har monious effort may be made to secure equal' rights and justice to all, just and good govern- meat, wisely and honestly administered, by loyal men. Horth Carolina. Republican, March 27, 1867. Having assembled in the city of Raleigh, on the 27th of March, 1867, in conformity with a timely and patriotic call, reflecting the sen timentsi 252 POLITICAL MANUAL of the loyal men of the State, and i elieving the time is at hand when an open and fearless ex pression of Bentiment, opinion, .and purpose is urgently demanded : Therefore, 1. Resolved, That in view of our present po litical condition, our relations to the National Government, and the people of all sections of the country, we do this day with proud satisfaction unfurl the brilliant and glorious banner of the Republican party, and earnestly appeal to every true and patriotic man in the State to rally to its support. The splendid and patriotic record made by this great political organization, in standing by the General Government with an inflexible reso lution, in carrying forward profound measures of statesmanship to a successful issue, and the powerful aid given by it in finally overthrowing and prostrating the most gigantic rebellion of ancient or modern times, should command the respect and challenge the admiration of every candid man. 2. That the American Congress is eminently entitled to the profound thanks of the whole country for its persevering, persistent, and he roic devotion to the great principles of human rights as enunciated in the Declaration of Inde pendence ; that in the name of the patriotic peo ple of this State we feel warranted in cordially assenting to and accepting the reconstruction plan recently and finally adopted hy that body; and to the end that peace and order may be per manently secured, and every industrial pursuit resumed and encouraged, we pledge ourselves to use every fair and legitimate meanB to influence public sentiment to the nearest possible approach to unanimity on this subject. 3. That we rejoice that the dogma, long prop agated, of the right of peaceable secession under the Constitution, has been forever overthrown by the majestic uprising of the American peo ple, in crushing out the late rebellion by force of arms, and that the doctrine of the suprem acy of the General Government has been estab lished, and that the paramount allegiance of the citizen has been acknowledged as due to the Onited States. 4. That we sincerely exult in the fact that as a nation we are now absolutely a nation of1 free men, and that the sun in all his course over our wide-spread country no longer shines upon the brow of a slave. Without reservation, we heart ily indorse the great measures of civil rights and impartial enfranchisement, without any property qualification, conferred without dis tinction of color, and that we are ready to unite in the early practical attainment of these ines timable privileges. Although the mortal re mains of Abraham Lincoln now rest silently beneath the soil of his adopted State, yet his voice still rings like a clarion through the land, earnestly summoning every American citizen to the, support of the great party of liberty and emancipation. 5. That as the most potent and efficient means by which the South can speedily regain her lost prosperity, we earnestly advocate the spreading of knowledge and education among all men, and that to the attainment of this great end, we de mand and shall persistently and firmly insist upon the absolute right of free discussion and free speech on all subjects of public interest 6. That we join in an earnest wish for the maintenance, untarnished and undimmed, of lh» public credit and plighted faith of the nation. . 7. That in the maintenance of the position' taken and the principles this day avowed, we earnestly invite the influence and co-operation of men of all political persuasions, who regard and cordially support the recent action of Con gress as a solution of our present political diffi culties ; that we deprecate partizan violence, and desire peace and good- will toward all men ; and if in an open and fearless effort, which we pro pose to make on every suitable occasion, to per- , suade and convince the people that our highe*t duty and truest interest are to be subserved by maintaining the principles of the Republican party, an earnest interest should be awakened, it will be from no other cause than a rigid adhe rence to what we regard as a sacred right and a solemn public duty. South Carolina. Or Charleston Republicans, March 22, 1867. 1. Resolved, That we give our cordial and en tire sanction to the action of Congress for the re storation ofthe Union, and to the wise and just principles of the Republican party. 2. That in order to make the labors of all our loyal fellow-citizens more effectual for carrying out the provisions of Congress for the restora.-' tion of law and order in our State, as well as for the peace and prosperity of our entire country, we do form an association to be known as the "Union Republican party of South Carolina." 3. That we pledge our sacred honor, our for tunes, and our lives to serve our country, to pre serve her institutions, and especially to aid hei in keeping inviolate tlie national faith, which-, has been sacredly pledged to the payment of the national debt incurred to save the "liberties of the country and to suppress rebellion, and that the people will not suffer this faith to be violated or impaired ; but all debts incurred to support the rebellion, is they were unlawful, void, and of no' obligation, shall never be assumed by tlie United States, nor shall South Carolina be per-"' mitted to pay any debt whatever which was-- contracted to aid the rebellion in any form. . 4. That the nation owes to the brave men',- white and colored, of our army and navy a debt of lasting gratitude for their heroic services in defence of the Constitution and the Union, and that, while we cherish with a tender affectjon,, the memories of the fallen, we pledge to their' widows and orphans the nation's care and pro tection. 5. That as republican institutions cannot be preserved unless intelligence be generally dif fused among all classes, we will demand of our legislature a uniform system of common schools, which shall be open to all, without distinction of race, color, or previous condition ; such sys tem to be supported by a general tax upon all kinds of property. 6. That we will favor a liberal system of pub lic improvements, such as railroads, canals, and other works, and also such a system of award ing contracts for the same as will give all oar fol- RESOLUTIONS CF CONVENTIONS. 253 low-citizens an equal and fair chance to share in them. . 7. That we will also insist on such modifica- tioa of the laws of the State as will do away with imprisonment for debt, except for fraud ; and imprisonment of witnesses, except for willful ihsence ; and especially to abolish, entirely and forever, the barbarous custom of corporal pun ishment for crime or any other cause. 8. That, as large land monopolies tend only to make the rich richer and the poor poorer, and are ruinous to the agricultural, commercial, and social interests, of the State, the legislature should offer every practicable inducement for the division and sale of unoccupied lands among the poorer classes and as an encouragement to emigrants to settle in our State. 9. That the law of ejectment and distraint should be so modified as to protect equally the landlord and the tenant. ' 10. That provision should be made for the ex emption of the poor man's homestead. 11. That the interests of the State demand a revision of the entire code of laws and the reor ganization of the courts. 12. That the interests not only of the State, but of the whole country, demand every possi ble guaranty for the perpetuity of all the rights conferred upon the newly enfranchised portion of our fellow- citizens, and that, in the use ofthe sacred right of the elective franchise, we will seek to elevate to offices of trust and honor only those who are truly loyal, honest, and capable, irrespective of race, color, or previous condition. . 13. The consideration of justice and humanity demand provision by the legislature for the pro tection and support of the aged, infirm, and helpless poor, irrespective of race, color, or pre vious condition. . 14. That we will not support any candidate fpr office who will not openly indorse, advocate, apd defend the principles adopted by the Union Eepublican party. i 15. Relying upon Divine Providence for wis dom in our counsels, efficiency in our action, hjarmony among ourselves, with malice toward npne and charity to all, we pledge our earnest and best efforts for the return of peace and pros perity to all our people, and for an early repre sentation of our beloved State in the Congress of the United States. Virginia Republican State Convention, April 17 and 18, 1867. Whereas, having for the first time in the his tory of Virginia assembled at her State capital, at the call of a Union Republican State commit tee, as a convention of Union men, for the pur pose of ratifying the acts of the 39th and 4Qth Congresses, and adopting measures to unite all parties who earnestly and honestly desire that this legislation should be perfected in accord ance with the express desire of Congress and carried out in good faith by the people of this Spate, we, therefore, in convention assembled, do First. Resolve, That we return our sincere and heartfelt thanks to the 39th Congress for their recent legislation resulting in the pas sage of the Sherman-Shellabarger bill and its supplement, and certify with gratitude that the beneficial effects of such legislation are already visible in the increased security of loyal men, and in inducing immediate efforts toward recon struction on the part of all classes ; and that we do hereby pledge our earnest and persistent ef forts to carry out in good faith, without evasion, with honesty of purpose, unflinching courage, and never-tiring energy, all its provisions, be lieving that by this course alone can permanent peace and prosperity be restored to the State and an early admission to the Union be secured. 2. That in the principles of the National Republican party of the United States we re cognize all we can desire as a guide in our po litical future ; that we adopt them as our plat form, and pledge ourselves to their support, and cordially invite the co-operation of all classes of our fellow-citizens, without distinction of race or color, without regard to former political opin ions or action, induced by such convictions. We invite them to join us, and pledge them a warm welcome to our ranks, and a full and free par ticipation in all the advantages of our organiza tion. And firmly believing that in the present condition of public affairs the Republican party offers the most available means through its or ganization for the speedy attainment of perma nent reconstruction, we do hereby adopt its principles and platform as the basis and platform of the Union Republican party of Virginia. 3. That we adopt as part of our platform and as cardinal points in the policy of the Union Republican party of Virginia the follow ing propositions : first, equal protection to all men before the courts, and equal political rights in all respects, including the right to hold office; second, a system of common-school education, which shall give to all classes free schools and a free and equal participation iq all its benefits ; third, a more just and equitable system of taxa tion, which shall apportion taxes to property,. and require all to pay in proportion to their abil ity ; fourth, a modification of the usury law3 suffi cient to induce foreign capital to seek investment in the State ; fifth, encouragement to internal improvements and every possible inducement to immigration. 4. That in the noble utterances of the found ers of our Constitution, we recognize a true ap preciation of the great fact that parties or gov ernments, to be prosperous or successful, must be founded or administered on the basis of exact and equal justice to all men; ,«nd we accept as our guides the great principles enunciated by them, first and most important of which is the great and glorious truth " that all men are cre ated free and equal, are endowed with certain inalienable rights, and that among these are life, liberty, and the pursuit of happiness ;" and we solemnly pledge, on the part of this convention and the party it represents, a strict adhesion to these sentiments, which, for the first time in the history of Virginia, a political organization is in a position to adopt in spirit and action as in name. 5., That believing the principles enunciated in the foregoing resolutions can be objectionable to no man who really loves the Union, and that they are the only true principles which can give to Virginia an early restoration to the Union 254 POLITICAL MANUAL. and enduring peace andiproape-rity, we solemnly pledge ourselves 'to support no man -for an elect ive office who fails to join us in their adoption and enforcement, who fails to identify -himself with the Union Republican party in spirit and action,, or -hesitates to conneot himself openly and publicly withits platform as adopted here to-day. 6. That we recognize .the great fact that the interests of the laboring- classes of the State -are identical, and :that, -without regard to color, we desire to elevate them -to their true position ; that the exaltation of the poor and humble, the restraint of the rapacious and the arrogant, the lifting up of the poor and degraded without hu miliation or degradation to any,; that the-attain- ment of the greatest -amount of -happiness and prosperity to the greatest number is-onr warm est desire, and shall have our earnest and .per sistent efforts in their .accomplishment ; that while we- desire to Bee all men protected in full and eqnal proportions, and every political right secured to the -colored man that is .enjoyed by any other class of citiaeus, -we do not desire to deprive the laboring white men of -any rights or privileges which they now enjoy, but do propose to extend those rights and privileges by the or ganization of ithe Republican party in this State. KENTUCKY AND VIRGINIA RESOLUTIONS. Kentucky Resolutions, November, W98. 1. .Resolved,. That the;several States compos ing the United .States of America are not united on the principle of -unlimited submission to 'their General Government ; but that/by compact, un der the style and title of a ConstitntTon for the United States and of Amendments thereto, they constituted a general government for-speCial pur poses, delegated to that Go vernment certain defi nite powers, reserving leach State to itself the residuary mass of right -to their oWmselfigovern- ment ; and that whensoever the General Govern ment assumes undelegated powers, its acts are unauthoritative, void, .and of no force : That to this compact each State acceded as a State, and is an integral party, its co-States forming as> to itself the other party: That the government created by this compact -was not made the exclu sive or final judge oi -the -extent :of the powers delegated to -itself ; since that would have made its discretion, and not the-constitution.the mea sure of -its powers ; but that, -as in all other cases of compact among parties having no common judge, each party Tias an equal right to judge for itself, as well of infractions, as of the mode and measure of redress. 2. That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high -seas, and offences against the laws of nations, and no other crimes what ever, and it being true as a general principle, and one of the amendments to the Constitution having also-declared, "_ 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 or to the people ; " therefore, also the same act of Congress, passed on the 14th day of July, 1798, and entitled, "An act in addition to the act entitled, 'an aot for tbe -puhiehmen-t of certain crimes against the United States," as also the act passed by them on the 27th day of June, 1798, entitled "An act to pua- ish 'frauds committed on the Bank of the United- States,' " .(and all other their acts which assume to create, define, or -punish crimes other than those enumerated in the Constitution,) are al together void and of no force, iand that the power to create, define, and punish such other crimes is reserved, and of right - appertains solely and exclusively, to the respective States, -each within its own territory. 3. That it is true as a general principle, and is also expressly declared .by one of -the amend ments to the Constitution, that " the, powers not delegated to the United States by the Constitut tion, nor prohibited by it to the States, arereserveW to the States respectively or to the people,;" and that no power over the freedom of religian,.f»e&: dom of speech, or freedom of the press, being delegated to the United States by, the Constitu tion, nor prohibited by it -to the-States, all lawful powers respecting the same did of right remain, and were reserved, to the States or to the people : That thus was manifested their determination ito retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful free* dom, and how far those abuses which 'cannot be separated from their use should be tolerated rather than the use -be destroyed ; and thus, also, they guarded against. all abridgment by the Uni ted States of the freedom of -religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human re straint or interference: And that, in addition, to this .general principle and express declaration* another and more special provision has been made by one of the amendments to the Consti tution, which expressly declares that " Congress shall make no law respecting per- i son was allowed to vote who could not, if chal lenged, take and subscribe this oath : " I (A. B.) do solemnly swear (or affirm ) that I have never voluntarily borne arms agai nst the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged In armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise, the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical therein, and -lid not wilfully desert from the mili tary or naval service of the United States, or leave this State to avoid the draft during the late rebellion." The convention is to meet in Albany on the first Tuesday in June. The new constitution is to be submitted in November next — as a whole or otherwise, as the convention may determine — to a vote of those qualified to vote for dele gates. The convention stands, politically, Re publicans 100, Democrats 60. A convention was chosen in Maryland, " by the registered voters thereof," on the second Wednesday of April, in which St. Mary's county has three delegates ; Kent, 4 ; Calvert, 3 ; Charles, 3 ; Baltimore county, 7 ; Talbot, 4 ; Somerset, 5 ; Dorchester, 4 ; Cecil, 5 ; Prince George's, 4 ; Queen Anne's, 4 ; Worcester, 5 ; Frederick, 7 ; Harford, 5; Caroline, 4; Baltimore city, 21; Montgomery, 4 ; Allegany, 6 ; Carroll, 6 ; How ard, 4";- Anne Arundel, 4 ; and Washington, 6. Said constitution it is provided, shall contain a " clause prohibiting the legislature from making any law providing for payment by this State for persons heretofore held as slaves." The conven tion is to meet in Annapolis, on the second Wednesday of May, 1867, the compensation of members to be five dollars per day and mileage, and the president of the convention is author ized to order the payment of the compensation above provided, and the treasurer required to pay the same, in conformity with said order. The constitution is to be submitted to the legal and qualified voters for their ratification or rejection, at such time, in such manner, and subject to such rules and regulations as the convention may prescribe. Judges of election, clerks of court, or sheriffs failing or neglecting to perform any duties required of them respecting these elec tions, are made liable to indictment, and fine of $1,000 and imprisonment of six months. Tlie convention is unanimously Democratic and "Con servative," the Republicans declining to run candidates. In Michigan, a Convention has been chosen, with a large Republican supremacy. Statement of the Public Debt of ihe United States on the 1st of 'April, 1867. Debt bearing coin interest .' ¥1,499,381,591 80 Debt bearing currency interest 734,280,780 00 Matured debt not presented for payment 12,825,658 ba Debt bearing no interest.— U. S. Notes $375,417,249 00 Fractional currency 29,217,494 96 Gold certificates of deposit 12,590,600 00 417,225,343 96 Total debt ~. 2,663,713,374 18 Amount in Treasury, Coin 105,956,477 22 " ," Currency 34,328,826 52 3 140,285,303 74 Amount of Debt, less Cash in tho Treasury $2,523,428,070 te. 260 POLITICAL MANUAL. PRESIDENT JOHNSON ON HABEAS CORPUS. 1865, July 7 — Pending the execution of the order of President Johnson, given on page 7, re specting the convicted assassins of President Lin coln, an effort was made to stay the execution by the counsel of Mrs. "Surratt, who obtained a writ of habeas corpus on that day from Judge Wylie, one of the justices of the supreme court of the District df Columbia. \This writ was served upon General Hancock by the marshal of the District, Mr. Gooding, and at 11 o'clock General Hancock, accompanied by Attorney General Speed, made his appearance in the criminal court room, and made the following return, to wit: " Headquarters Middle Militaby Division, "Washington, D. C, July 7, 1865. "To Hon. Andrew Wylie, Justice of the Su preme Court of the District of Columbia. " I hereby acknowledge the service of the writ hereto attached, and return the same, and re spectfully say that the body of Mary E. Surratt is in my possession under and by virtue of an order of Andrew Johnson, President of the Uni ted States, and Commander-in-Chief of the army and navy, for the purposes of said order Ex pressed, a copy of Which -is hereto attached and made part of this return ; and that I do not pro duce said body by reason of the Order of the Pres ident of the United States indorsed upon said writ, to which reference is hereby respectfully made, dated July 7, 1865. " Winfield S. Hancock, "Major General U. S. Vols., commanding," The indorsement upon the writ is as follows: " Executive Office, "July 7, 1865^-10 A. '-M-, "To Major General W. S. Hancock, "'Commanding, de. "I, Andrew Johnson, President of the United States, do hereby declare that the writ of 'habeas corpus has been heretofore suspended in Such cases as this ; and I do especially suspend this writ, and direct'that you proceed to execute the order heretofore given you upon the judgment of the military commission ; and you will give this order in return to this writ. " Andrew Johnson, President." When Attorney General Speed appeared he addressed the court -briefly upon the action of the Government in the premises, and argued to show -that the suspension of the writ df habeas corpus was absolutely necessary in a time of War. He declared that the Government had given the case anxious consideration, and had directed that the writ should not be complied With after ma ture deliberation. The couftrespdnded by saying that no further "action should be taken in "the premises. W. E. Doster, Esq., counsel for Payne and At zerodt, also applied 'for a writ df habeas corpus in their behalf, Taut as the writ in the case of Mrs. Surratt had "been of no avail, Judge Wylie de clined to issue the writ. ADDITIONAL PROCLAMATIONS OE PEIESI. DENT JOHNSON. 1868, July 18— President Johnson issued -a proclamation reciting the ratification of "the XlVth amendment by South Carolina, in sub stantially the same terms as are used in the proc- . lamation announcing the action in Florida and North Carolina, on pStge 379. 1868, July 18 — President Johnson issued a like proclamation df the action in Louisiana. 1868, July 20 — President Johnson issued 'a like proclamation of the action in Alabama. 1868, July 27 — President Johnson issued "a like proclamation of the action in Georgia. SECOND ELECTION IN MISSISSIPPI. At the election held in ^Mississippi, November 30 and December!, 1869, under the proclamation of President Grant, (see page 505,) the vote was asjfollows : "For the constitution, 113,735 ; against it,- 955. All of the separately Submitted portions (see -page 505) were -rejected, except- section 5, article XII, which was ratified— ,yeas .70,427, nays-20,- 834. Part of section- 3, article VII, was reject ed—yeas -2,206, nays 87,874. Section 5, article VII, was rejected— yea&2,39'0, nays-87,253. -Part of section 26, article -XII, was rejected-^yeas 2,171, nays 88,444. [For text of these sections see. page 505.] The total registration was -176,- 79-2, of whom 76,110 were white, and 100,682,0)1- ored. The total vote(polled on constitution was 114,690. For Governor, James -L. AlGornrj»- ceived 76,143 votes ; Louis D«at 38,133. At the firsteleGtion the constitution was defeated— June 22, 1868. ZP-A.ZR/.T III. POLITICAL MANUAL FOR 1868. rsLxni. ORDERS, LETTERS, MfifciSAGE AND VOTES IN THE SENATE RESPECTING SECRETARY STANTON. Bequest for Mr. Stanton's Resignation and Eeply. 1. — president johnson to secretary stanton. Executive Mansion, Washington, August 5, 1867. Sir : Public considerations of a high character constrain me to say that your resignation as Secretary of War will be accepted. Very respectfully, Andrew Johnson. To Hon. Edwin M. Stanton, Secretary of War. 2\— seceetaey stanton to peesident johnson. Wae Depabtment, Washington, August 5, 1867. Sie: Your note of this day has been received, stating that public considerations of a high char acter constrain you to say that my resignation as Secretary of War will be accepted. In reply, I have the honor to say that public considerations of a high character, which alone have induced me to continue at the head of this Department, constrain me not to resign the office of Secretary of War before the next meeting of Congress. Very respectfully, yours, Edwin M. Stanton. To the Peesident. Secretary Stanton's Suspension. 3. — president johnson to seceetaey stanton. Executive Mansion, Washington, August 12, 1867 Sie: By virtue df the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby suspended from office as Secretary of War, and will cease to exercise any and all functions per taining to the same. You will at once trans fer to General Ulysses S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. Very respectfully, yours, Andrew Johnson. ¦To Hon. Edwin M Stanton, Secretary of War. it. — president johnson to general grant. Executive Mansion, Washington, August 12, 1867. feiE: Thehonorable Edwin M. Stanton having been this day suspended as Secretary of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will at otice enter upob the discharge of the duties of that office. The Secretary of War has been instructed to transfer to you all records, books, papers, and other public property now in his custody and charge. Very respectfully, yours, Andbew Johnson. To General Ulysses S. Geant, Washington, D. C. 5. — general geant to seceetaey stanton. Headq'es Aemies op the United States, Washington, D. C, August 12, 1367. Sir : Enclosed herewith I have the honor to transmit to you a copy of a letter just received from the President of the United States, notifying me of my assignment as Acting Secretary of War, and directing me to assume those duties at once. In notifying you of my acceptance. I cannot let the opportunity pass without expressing to you my appreciation of the zeal, patriotism, firmness, and ability with which- you have ever discharged the duties of Secretary of War. With great respect, your obedient servant, U. S. Geant, General. To Hon. Edwin M. Stanton, Secretary of War. 6. — secretary stanton. to peesident johnson. Wae Department, Washington City, August 12, 1867. Sir: Your note of this date has been received, informing me that, by virtue of the power and authority vested in you as President by the Con stitution and laws of the United States, I am suspended from office as Secretary of War, and will cease to exercise any and all functions per taining to the same, and also directing me at once to transfer to General U. S. Grant, who lun this day been authorized and empowered to act as Secretary of War ad interim, all records 261 2612 POLITICAL MANUAL. books, papers, -and other public property now in my custody and charge. Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United States, without the advice and consent of the Senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without, such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary. But inas much as the General commanding the armies of the United States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to sub mit, under protest, to superior force. Very respectfully, yours, Edwin M. Stanton, Secretary of War. To the Peesident. 7. — secretary stanton to general grant. Wae Department, Washington City, August 12, 1867. General: Your note of this date, accom panied by a copy of a letter addressed to you, August 12, by the President, appointing you Secretary of War ad interim, and informing me of your acceptance of the appointment, has been received. > Under a sense of public duty I am compelled to deny the President's right, under the Consti tution and laws of the United States, to suspend jie from office as Secretary of War, or to author ize any other person to enter upon the discharge of the duties of that office, or to require me to transfer to you or any other person the records, books, papers, and other property in my official custody and charge as Secretary of War. But, inasmuch as the President has assumed to suspend me from office as Secretary of War, and you have notified me of your acceptance of the appointment of Secretary of War ad interim, I have no alternative but to submit, under pro test, to'the superior force of the President. You will please accept my acknowledgment of the kind terms in which you have notified me of your acceptance of the President's ap pointment, and my cordial reciprocation of the sentiments expressed. I am, with sincere regard, truly yours, Edwin M. Stanton, Secretary of War. General Ulysses S. Grant. Action of the Senate, January 13, 1868, January 13 — The Senate resumed considera tion of the following resolution, reported by the Committee on Military Affairs and the Militia, the 10th instant: Resolved, That having considered the evidence nnd reasons given by the President in his report of the 12th December, 1867, for the suspension from the office of Secretary of War of Edwin M. Stanton, the Senate do not concur in such sus pension. Which was determined in the affirmative — yoas 35, nays 6, as follow ; Yeas — Messrs. Anthony, Canioron, Cattell, Chandler, Cole,', Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuyseu, Harlan, Howard, Howe,' Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Srewart,1 Simmer, Thayer, Tipten, Trumbull, Wade, Willej, Williams,- Wilson— 35. Nats — Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle,' Patterson of Tennessee — 6. Not V--TING — Messrs. Grimes, Guthrie, Henderson, Hen. dricks, Johnson. Norton, Hi >sn, Saulsbury, Sherman, Sprague, Van Winkle, Viclcers, Yates — 13. [The National Intelligencer stated, in its news columns, that Messrs. Henderson and Hendricks were paired, and that Mr. Ross, though present, declined to vote.] Action of General Grant. Headquarters Armies United States. . Washington, D. C, January li, 1868.: Sik: I have the honor to enclose herewith copy of official notice received by rne last eve-. ning of the action of the Senate of ihe United States in the case of the suspension of Hon. E. M. Stanton, Secretary of War. According to the provisions of section two of " An act regu lating the tenure of certain civil offices," mys functions as Secretary of War ad interim ceased from the moment of the receipt of the within notice. I have the honor to be, very respectfully, your obedient servant, U. S Geant, General ': His Excellency A. Johnson, President cf the United States. Subsequent Action of President Johnson. 1868, February 21— President Johnson sent this message to the Senate: Washington, D. C, February 21, 1868^ To the Senate of the United States : On the 12th day of August, 1867, by virtue1 of the power and authority vested in the Presi dent by the Constitution and laws of the United. States, I suspended Edwin M. Stanton from the office of Secretary of War. In further exercise of the power and authority _so vested in the President, I have this day removed Mr. Stanton from the office, and designated the Adjutant General of the Army as Secretary of War ad interim. Copies of the communications upon this sub-. ject, addressed to Mr. Stanton and the Adjutant General, are herewith transmitted for the in formation of the Senate. Andrew Johnson. . [For copies of these orders, see the first and second Articles of Impeachment.] Further Proceedings in the Senate. February 21 — Mr. Edmunds submitted the fol lowing resolution for consideration : Resolved, That, having received and considered the communication of the President stating that he had removed from office Edwin M. Stanton, Secretary of War, the Senate disapprove the action of the President. The Senate, by unanimous consent, proceeded to consider the said resolution. Mr. Dixon moved to amend the resolution, by striking out all after the word " Resolved," and inserting as follows: That the President be re quested to inform the Senate by what authority he ORDERS, LETTERS, MESSAGES, ETC. 263 hasremoved Edwin M. Stanton from the office of Secretary of War. Mi. Drake moved to amend the amendment of Mr. Dixon, by inserting a preamble, as follows : The Senate having received and considered the Communication of the President of the United States, stating that he had removed Edwin M. Stanton from the office of Secretary of War, it is. Which was disagreed to. The amendment of Mr. Dixon was disagreed to— yeas 4, nays 33, as follow : jY^SAS, — Messrs. Buckalew, Dixon, Doolittle, Hendricks — 4. HNAYS-Messrs. Anthony, Cameron. Cat tell, Chandler, Conk ling, Conness, Corbett, Crajiin, Drake, Edmunds, Ferry, Fes senden, Frelinghuysen, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsey. Sprague, Stewart, Snmuer, Thayer, Tipton, Trumbull, Tan Winkle, Willev, Williams, Wilson, Yates— 33. Not Voting — Messrs. Bayard, Cole, Davis, Fowler, Grimes, Johnson, McCreery, Mnrpm, Morton, Norton, Nye, Patterson of Tennessee, Kojss, Saulslmry, Sherman, Vickers, Wade— 17. Mr. Chandler moved to amend the resolution of Mr. Edmunds, by adding thereto the words: as a violation of the rights of the Senate, and unauthorized by law. 1 Which was disagreed to. Mr. Wilson moved to amend the resolution, by inserting a preamble, as follows : Whereas the Senate have received and considered the communi cation of the President of the United States, slat' ing that he had removed Edwin M Stanton, Secretary cf War, and had designated the Adju tant General of the Army to act as Secretary of War ad interim; and by striking out all after the word " Resolved," and inserting, as follows: by the Senate of the United States that, under the Constitution and laws of the United States, the President has no power to remove the Secretary of War and designate any other officer to per form the duties of that office ad interim. • Mr. Yates moved to amend the amendment of Mr. Wilson, by striking out all after the word "Resolved," and inserting, as follows: That the removal of Edwin M. Stanton, Secretary of War, and the appointment of a Secretary cf War ad interim, during the session of the Senate, is simple resistance to law and revolutionary in character. and that the Senate disapproves of the same, and advises the said Edwin M. Stanton, Secretary of War, not to surrender the office to any person whomsoever. Which was disagreed to. Mr. Corbett moved to amend the amendment of Mr. Wilson, by striking out all after the word "Whereas" in the preamble, and inserting the words : The President has informed the Senate that he has removed the Secretary of War, Son. E. M. Stanton, and appointed Adjutant General Thomas to act as Secretary of War ad interim, therefore be it; and by striking out all after the Word "Resolved," and inserting in lieu thereof the words : That we do not concur in the action of the President in removing the Secretary of War and appointing the Adjutant General to act as Secretary of War ad interim; that we deny the right of the President so to act, under the ex isting laws, without the consent of the Senate. Which was disagreed to. The amendment of Mr. V/ilson to the' resolu tion of Mr. Edmunds was then agreed to — yeas 28, nays ,6, as follow: Yeas— Messrs. Anthony, Cameron, Cattell, Colj, Conk ling, Crauin, Drake, Ferry, Harlan, Morrill of Maine, Mor rill of Vermont, Morton, Patterson of New Hampshire. Pomeroy, Knmsey, Ross, Sprague, Stewart. Sumner, Thayer, Tipton, Trumbi:ll, Van Winkle, Wade, Willey, Williams, Wilson. Yates— 28. Nays— Messrs. Buckalew, Davis, Doolittle, Edmunds Hendricks, Patterson of Tennessee— 6. Not Voting— Messrs. Bayard, Chandler, Conness, Cor bett, Dixon. Fessenden. Fowler, Frelinghuysen, Grimes Henderson, Howard, Howe, Johnson, McCreery, Morgan' Norton, Nye, Saulsbui-y, Sherman, Vickers — 20. The resolution, as amended, was then agreed to without a division. Acceptance of General Lorenzo Thomas. Wae Depaetment, Adjutant General's Office, Washington, February 21, 1868. His Excellency Andeew Johnson, President of the United States. Sie : I have the honor to report that I have delivered the communication addressed by you to the honorable Edwin M. Stanton, removing him from the office of Secretary of the War" De partment, and also to acknowledge the receipt of your letter of this date authorizing and em powering me to act as Secretary of War ad in terim. I accept this appointment with gratitude for the confidence reposed in me, and will en deavor to discharge the duties to the best of my ability. I have the honor to be, sir, your obedient ser vant, L. Thomas, Adjutant General. Secretary Stanton " Relinquished Charge " of tbe War Department. Secretary Stanton remained in possession of the War Office till after the vote in the Senate, sitting as a court of impeachment, on the 26th of May, on which day he addressed this com munication to President Johnson : War Department, Washington City, May 26, 1868. Sir: The resolution of the Senate of the United States, of the 21st of February last, de claring that the President " has no power to re move the Secretary of War and designate any other officer to perform the duties of that office ad interim," having this day failed to b« sup ported by two-thirds of the Senators present and voting onthe articles of impeachment pre ferred against you by the House of Representa tives, I have relinquished charge of the War Department, and have left the same, and the books, archives, papers, and property, heretofore in my custody as secretary of War, in care of Brevet Major General Townsend, the senior Assistant Adjutant General, subject to your di rection. Edwin M. Stanton, Secretary of War. To the President of the United States. Secretary Stanton's order to Gen. Townsend is as follows : War Department, Washington City, May 26, 1868. General : You will take charge of the War Department, and the books and papers, archives and public property, belonging to the same, sub- 264 POLITICAL MAHUAL. ject to the disposal and direction of the Presi dent. Edwin M. Stanton, Secretary of War. Brevet Major Gen. E. D. Townsend, Assistant Adjutant General. Action of the Senate upon the Nomination of General Schofield. 1868, May 29— Mr. Edmunds offered the fol lowing preamble and resolution : Whereas, on the 23d of April, 1868, the Presi dent nominated John M. Schofield to be Secretary of War, in place of Edwin M. Stanton, removed ; and whereas; in the opinion ofthe Senate, the said Stanton has not been legally removed from his office, but inasmuch as the said Stanton has relin quished his place as Secretary of War, for causes stated in his note to the President : Therefore Resolved, That the Senate advise and consent to the appointment of John M. Schofield to be Secretary of War. Mr. Willey moved to amend Mr. Edmunds's resolution, by striking out all after " Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield to be Secretary for the Department of War, in the place of Edwin M. Stanton, hereby removed. Which was debated and withdrawn by him. Mr. Frelinghuysen moved to amend Mr. Ed munis's resolution, by striking out all after •' Re solved," and inserting That the Senate advise and consent to the appointment of John M. Scho field to be Secretary for the Department of War, in the place of Edwin M. Stanton, who has re linquished that office. Mr. Henderson moved to amend the amend ment of Mr. Frelinghuysen, by striking out the words " in the place of Edwin M. Stanton, who has relinquished that office." Which was rejected. Mr. Stewart moved to amend Mr. Freling- huysen's amendment, by striking out all after " Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield as Secretary of War, in place of Edwin M. Stanton, who has been forced to retire from the discharge of the duties of said office by reason of the illegal and. unconstitutional, acts, of tht President of the United States. Which was rejected- — yeas 19, nays 21, as follow : Yeas— Messrs. Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Morrill of Vermont, Patterson of New Hamp shire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tiptofl Wade, Williams, Wilson, Yates— 19. Nats— Messrs. Anthony, Buckalew, Corbett, Doolittle, Ed munds, Fowler, Frelinghuysen, Henderson, Hendricks, John son, McOreery, Morgan, Morton, Norton^ Patterson of Ten nessee, Robs, Sprague, Trumbull, Van Winkle, Vickers, Willey— 21. Not Voting — Messrs. Bayard, Chandler, Davis, Dixon, Ferry, Fessenden, Grimes, Harlan, Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman— 14. The amendment of Mr. Frelinghuysen was then rejected — yeas 15, nays 22, as follow: Yeas — Messrs. Buckalew, Corbett, Doolittle, Fowler, fre linghuysen, Hendricks, Johnson, McOreery, Norton, PatieSB- son of Tennessee, Ross, Sprague, Tipton, Van Winkle, Tick ers — 15. Nats — Anthony, Cameron, Cattell, Cole, Conkling, C6n- ness, Cragin, Drake, Edmunds, Morgan, Morton, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Wade, Willey, Williams, Wilson, Yates— 2S. Not Voting — Messrs. Bayard, Chandler, Davis, Dixon, Ferry, Fessenden, Grimes, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Nye, Sauls bury, Sherman, Trumbull — 17. The resolution offered by Mr. Edmunds wae then agreed to — yeas 35, nays 2, as follow : Yeas — Messrs. Anthony, Buckalew, Cameron. Cattell, Cole, Conness, Corliett, Doolittle, Drake, Edmunds, Fowler, Fre-' linghuysen, Ilarlau, Henderson, Hendricks, Johnson , Morgan, . Morrill of Vermont, Morton, Patterson of New Hampshire, . , Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, Stewart. Thayer, Tipton, Trmnhull, Van Winkle, Vickers, Willey, Williams, Wilson, Yates— 35. Nats — .Messrs. McCreei-y, Norton — 2. Not Voting — Messrs. Bayard, Chandler, Conkling, Cragin. " Davis, Dixon, Ferry, Fessenden, Grimes, Howard, Howe.1, ' Morrill of Maine, Nye, Saulsbury, Sherman, Sumner. Wade -17. The preamble was then agreed to — yeas 28, nays 13, as follow : Yeas — Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Conness, Corhett, Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Morgan, Morrill of Vermont, Morton, Patterson ot New liampshire, Pnmeroy, Ramsey. Sprague, Stewart, Snm- ner, Thayer, Tipton, Wade, Willey, Williams, Wilson, Yates— 28. Nats — Buckalew, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson -of Tennessee, Kosb, Trumbull, Van Winkle, Vickers — 18. Not Voting — Messrs. Bayard, Chandler, Davis. Dixon, Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maine, ' Nye, Saulsbury, Sherman— 13. XXIV. THE ARTICLES OF IMPEACHMENT AND REPLY, VOTES IN THE HOUSE, AND JUDGMENT OF THE SENATE. Proposed Impeachment of President Johnson.* 1867, November 25— Mr. Boutwell, from the Committee on the Judiciary, submitted a report, representing the views of the majority, (Messrs. Boutwell, Thomas, Williams, Lawrence, and Churchill,) and closing with this resolution : * Continued from page 64 of the Manual of 186T, or page 190 of tho combined Manuals. [No report was made at the July session.} , Resolved, That Andrew Johnson, President of the United States, be impeached for high crimes and misdemeanors. Mr. Wilson, for himself and Mr. Woodbridge, and Mr. Marshall, for himself and Mr. El dridge, submitted minority reports. December 7 — The resolution above recited was disagreed to — yeas 57, nays 108, as follow : Yeas— Messrs. Anderson, Arnell, J. M. Ashley, Boutwell Bromwell, Broomall, Benjamin F. Butler, Churchill, licaifat TIE ARTICLES OF IMPEACHMENT, ETC. 265 iii, Cobiu&pjovnde, Cnl' •tli.Grnvol.f Harding, Hi] W. Clarke, Sidney Clarke, Colih, CobinforOovnde, Cnl'om, Ilonnelly, Eckley, Ela, Fa rnswoi-tli.Grnvolv' Harding, Hiuhy, Uopklus, Hunter, Judd, Julian, Kelley, Kelsey, ttiliiaiu lAwrence, Loan, Logan, Longlli-idge, Lynch, Maynard, I McPlnrg, Mercur, Mullins. Mycit, Newcomb, Nuun. O'Neill, Orth. Paine. Pile, Price, Schenck, Shanks. Aaron V btevens, Tlinduelis Stevens, Sokes, Thomas, John Trimble, Trow bridge. Uobi-rtT. Yiin Horn, Ward, Thomas Williams, Wil liam Williams, Slephen F. Wilson— 67. Nats— Messrs. Adams, Allison, Ames, Archer, Delos R. A-shley, Ar'.ell, Usiiley, Baker, Baldwin, Banks, Barnum, lleaniau, Duel.; nenjuniin. Ileutnn, Bingham, Blaine, Boyer, Brooks, Huckland, Burr, Curf/s Ghanlei-'. Cook, Dawes, Dixon, podec, llml^, Kfigle-ron,. Eldiidge, Eliot, KerrNs, Ferry. Field*, (lin-iield, Get:, Glossbrenner, Golladay, Griswold, Gro- ver, JJaight, Halsey, Ilamiltoiij Hawkins, Hill, Holman, Hooper, Eoichkiss. Amhi'l VV. Unfcbaru,l''lnwtor D. Ilublwrd, Sicliard D Hub'turd, Uulliurd, Humphrey, Inirersoll, John son, Jones, Kerr, Ketcham. Knott, Koontx, Laflin, George V. tawrence, Lincoln, Marshall, Marviu, McCarthy, McCul- lyuyh, Mill(,r, Moorhead, Morgans, Mungen, Nibtaeh, Nichol son, Perham. Peters, Phelps, Pike, Plants, Poland. Polsley, Pruyn, Randall. Kobertson, R"binson. Ross, Sawyer, S,t- greuves, Smiih, Spalding, Starkweather, Stewart, Stone, Ta ber, Taylor. Upson, Van Aoi-nam, Van Auken, Von Trump, Van Wyck. Cadwalnder C. Washburn, Ellihu B. Washburne, Henry II. Washburn. William B. Washburn, Welker, James V. Wilson, John T. Wilson, Woodbridge, Woodward - 108. eesolution or inquiry. 1868, January 27 — Mr. Spalding moved a suspension of the rules, to allow him to offer this resolution : Resolved, That the Committee on Reconstruc tion be authorized to inquire what combinations liave been made or attempted to be made to ob struct the due execution of the laws, and to that end the committee have power to send for per sons and papers,, and to examine witnesses on oath,, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time. Which was agreed to— yeas 103, nays 37, and line resolution was adopted — yeas 99, nays 31. OTHEE MATTEES BEFEEEED February 10 — Ths evidence taken on Impeach ment by the Committee on the Judiciary was, on motion of Mr. Thaddeus Stevens, referred to the Committee on Reconstruction, and the com mittee was given leave to report at any time. February 11 — The correspondence between General Grant and President Johnson, relating. to the retirement of the former from the War Office, was also referred to the Committee on Beconstruction. February 13— The Committee on Reconstruction are reported to have voted d-own resolutions of impeachment offered by Mr. Thaddeus Stevens. The vote on a motion to lay them on the tahle was, yeas 6, nays 3, as follow : YKis— Messrs. Beaman, Beck, Bingham, Brooks, Hul- fcurd, Paine— 6. Nats— Messrs. Boutwell, Farnsworth, T. Stevens— 3. The Final Effort at Impeachment. In House.. 1868, February 21— The Speaker, by unani mous consent, laid before the House the follow ing, communication from, the Secretary of War: Wae Department, Washington- Cure, February 21, 1868. SlB : General Thomas has just delivered to me ffi copy of the enclosed order, which you will please communicate to the Ho-use of Represent atives. E. M. Stantos-. Secretary of War. Hon. Sghuyibb Colfax, Speaker Souse of Revrese^tnt"'" Executive Mansion, Washington, D. C, February 21, 1868; SlE: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Depart ment of. War, and your functions as such will terminate upon the receipt of this communica tion. You will transfer to. Brevet Major General Lorenzo Thomas, Adjutant General of the Army, who has this day been authorized and empow ered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and, charge. Respectfully, yours, Andeew Johnson-. To the Hon. Edwin M. Stanton, Washington, D. C. Which waB referred- to the Committee on Rer construction, with authority to report at any time, together with, a resolution offered by Mr. Covode, as follows : Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. . BEPOET OF COMMITTEE. 1868, February 22— Mr. Thaddeus Stevens, from the Committee on Reconstruction, made the following report: The, Committee on Reconstruction, to whom was referred, on the 27th day of January last, the following resolution : Resolved, That the Committee on Reconstruction be au thorized to inquire what combinations have been made or attempted to be made to obstruct, the due execution of the lawB; and to that end the cnminiltee have power to send for persons and papers ami ti» examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time ; And to whom was also referred, on the 21st day of February, instant, a communication from Hon. Edwin M. Stanton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M. Stan ton, as follows: Executive Mansion, Washington, D.C., February 21, 1868. SlE: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Depart ment of War, and your functions as such will terminate upon the receipt of this communica-- tion. You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army,, who has this day been, authorized and empow ered to act as Secretary of War- ad interim, nil records, books, papers, and other public property now in your custody and charge. Respectfully, yoursi, Andrew Johnson. To the- Hon. Edwin M. Stanton, Washington. D. C And to whom was also referred by the House of Representatives, the, following resolution, namely : Resolved, That Andrew Johnson, President ..( the United .-Hates, be imoeached of high crimes and niisde- 266 POLITICAL MAN0AL.\ Have considered the several subjects referred to them, and submit the following report: That, in addition to the papers referred to the eommittee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas,, directing and authorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and Sapers, and other public property in the War ¦epartment, of which the following is a copy : Executive Mansion, Washington, February 21, 1868. Sie: Hon. Edwin M. Stanton having been this day removed from-office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, Andeew Johnson. To Brev. Maj. Gen. Lorenzo Thomas, Adjutant General U.S.A., Washington, D. 0. Official copy respectfully- furnished to Hon. Edwin M. Stanton. L. Thomas, Secretary of War ad interim. Upon the evidence collected by the committee, which is herewith presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that An drew Johnson, President of the United States, be impeached of high crimes and misdemeanors. They therefore recommend to the House the adoption of the'accompanying resolution. Thaddeus Stevens, Geoege S. Boutwell, John A. Bingham, C. T. Hulbued, John F. Fabnswoeth, F. C. Beaman, H. E. Paine. ; Resolution providing for the impeachment of Andrew Johnson, President of the United Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office. February 24 — This resolution was adopted — yeas 128. nays 47, as follow : Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delos R. ABhley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, blair, Boutwell, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cor nell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, EggleB- fon, Eliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Gris wold, Halsey, Harding, Higby. Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hubbard, Hulburd, Hunter, Inger soll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, George V. Lawrence, William Law rence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McCluig, Mercur, Miller, Moore, Moor head, Moircll, Mullins, Myers, Newcomb Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, PolBloy, Price, lUimi, Robertson, lawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, Trowbridge, Tw'ichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalnder C.Washburn, Ellihu B.Wash- Imvne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Win dom, Woodbridge, Mr. Speaker Colfax— 128. - Nats — Messrs, Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Bri\h, Burr, Cary, Chanter, Eldridge,- tbx, Getz, Glossbrenner, Golladay, Grocer, Haight, Holman, Hatch. kiss, Richard D. Hubbard, Humphrey, Johnson, Jones, Kerr, Knott, Marshall, McCormick, McCullough, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, Woodward— 47 . Not Voting— Messrs. Benjamin, Dixon, Donnelly, Ela, Finney, Garfield, Hawkins, Maynard, -Pomeroy, Robinson,, Shellabarger, John Trimble, Robert T. Van Horn, Henry D. Washburn, William Williams — 15. Same day — On motion of Mr. Thaddeul Stevens, the appointment of a committee of two to notify the Senate, and of a committee of seven to prepare and report Articles of Impeach ment against Andrew Johnson, President of the United States, was ordered, with power to send for persons, papers, and records, and to take testimony under oath. Which was agreed to — yeas 124, nays 42_ The Speaker appointed Messrs. Thaddeus Stevens and John A. Bingham on the former, and Messrs. Boutwell, Thaddeus Stevens, Bing ham, James F.Wilson, Logan, Julian, and Ward, on the latter. February 25 — -Mr. Thaddeus Stevens and Mr*. John A. Bingham appeared at the bar of the Senate and delivered the following message : ¦ Mr. Peesident : By order of the House of Representatives, we appear at the bar of the- Senate, and in the name of the House of Rep resentatives, and of all the people of the United. States, we do impeach Andrew Johnson, Presi dent of the United States, of high crimes and misdemeanors in office ; and we do further in form the Senate that the House of Representa tives will in due time exhibit particular articles.,, of impeachment against him, and make good: the same; and ill their name we do demand that the Senate take order for the appearance qf the said Andrew Johnson to answer to said- impeachment. The President of the Senate pro tempore re plied that the Senate would take order in the premises, and the committee withdrew. Same day — The committee reported to the House the response received at the bar of the Senate.Articles of Impeachment and Totes thereon, the Answer of President Johnson, the Eepli- cation of the House, the Progress of the Trial, and the Judgment of the Senate. FOETIETH CONGEESS, SECOND SESSION, In the House of Repeesentatives D. S„ March 2, 1868. Articles exhibited by the Souse of Representatives of the United States, in ihe name of themselves and all the people of the United States, against Andrew Johnson, President of the United. States, in maintenance and support of their im peachment against him for high crimes and misdemeanors in office. Aetici.e 1. — That the said Andrew Johnson, President ofthe United States, on the21stday of, February, in the year of our Lord 1868, at Wash ington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirements cf the Constitu'- tion that he should take care that the laws be faithfully executed, did unlawfallv, and in vio lation of the Constitution aud laws of the United THE AKTICLES OF IMPEACHMENT, ETC. 267 States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and' commissioned, by and with the advice and consent of the Senate of the United States, as stick Secretary, and said Andrew Johnson, President ofthe United States, on the 12th day of August, in the year of our Lord 1867, and during tbe recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, that is to say, on the 12th day of December, in the year last afore said; having reported to said Senate such sus pension with the evidence and reasons for hia action in the case and the name of the person designated to perform the dutieB of such office temporarily until the next meeting of the Senate, and said Senate thereafterwards on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons re ported by said Andrew Johnson for said suspen sion, and having refused to concur in said suspen sion, whereby and by force of the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the func tions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, beinglawfully entitled to' hold said office of Secretary for the Depart ment of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say : Executive" Mansion, Washington, D. C, February 21, 1868. Bra : By virtue of the*power and authority vested in me as President by the Constitution and laws ofthe United StateB you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon receipt of this communication. You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. Respectfully, yours, ANDREW JOHNSON. To the Hon. Edwin M. Stanton, Washington, D. C. Which order was unlawfully issued with intent then and there to violate the act entitled " An aot regulating the tenure of certain civil offices," passed March 2, 1867, and with the further intent, contrary to the provisions of said act, in violation thereof, and contrary to the provisions of the Con stitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said Edwin M. Stanton from the office of Secretary for the Department of War, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful exe cution and discharge of the duties of said office, whereby said Andrew Johnson, President of the United States, 'did then and there commit, and was guilty of a high misdemeanor in office. Aeticlb II.— That on the said 21st day of February, in the year of our Lord one thousand eighthundred and sixty-eight, at Washington, in' the District of Columbia, said Andrew John son, President of the United States, unmindful of the high duties of his office, of his oath of office, and in violation ofthe Constitution ofthe United States, and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixty-seven, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in sub stance as follows, that is to say : Executive Mansion, Washington, D. 0., February 21, 1868. Sir: The Hon. Edwiu M. Stanton having been this daj removed from office as Secretary for theDepartment of War, you are hereby authorized and empowered to act as Secre tary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, Andrew Johnson. To Brevet Major General Lorenzo Thomas, Adjutant General XT. S. Army, Washington, D. C. Then and there being no vacancy in said office of Secretary for the Department of War, whereby said Andrew Johnson, President of the United" States, did then and there commit and was guilty of a high misdemeanor in office. Aeticle III. — That said Andrew Johnson, President --of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in office, in this, that, without authority of law, while the Senate of tbe United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent ofthe Senate,' and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess sf the Senate, and no vacancy existing iu said office at the time, and which said appointment so made by said Andrew Johnson, of said Lorenzo Thomas, is in substance as follows, that is to say : Executive Mansion, Washington, D. C, February 21, 1868. Sir: The Hon. Edwin M. Stanton having been this day removed from office aB Secretary for the Department of War, you are hereby authorized and empowered to act us Secre tary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office, Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now iu his custody and charge. Respectfully, yours, Andrew Johnson. To Brevet Major Gen. Lorenzo Thomas, Adjutant General U. S. Army, Washington, D. C. Aeticle IV. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his onth of office, in violation of the Constitution and laws of the United States, on the 21st day of Feb ruary, in the year of onr Lord 1868, at Wash ington, in tbe District of Columbia, did unlaw fully conspire with one Lorenzo Thomas, and with other persons to the House of Represent atives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and there theSucK-tarv for the Department of War, duly appointed -under the laws of the United States, from holding said office of Secretary for the Deoart 2<38 POLITICAL MANUAL. ment of War, contrary to and in violation of the Constitution of the United States, and of the provisions of an act entitled " An act to define and punish certain conspiracies," approved July 31, 1881, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high crime in office. Aeticle V. — That said Andrew Johnson, President of the United" States, Unmindful of'the Figh duties of his office and of Hi's oath of office, on the 21st day of February, in the year of our Lord 1868, and on divers other days and times in. said year, before the 2d, day of Marchi in the year of our Lord' 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other per sons to the House of Representatives unknowD, to prevent and hinder the execution of an act entitled "An act regulating the tenure of cer tain civil offices," passed March 2, 1867, and in pursuance of said- conspiracy did unlawfully attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, duly appointed and commissioned under the laws- of the United States, from holding said office, whereby the said Andrew Johnson, Presi dent of the United States, did then and there commit and was guilty- of a high misdemeanor in office. Aeticle VI. — That said' Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on tho 21st day of February, in the year of our Lord 18.68, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, by force to seize, take, and possess the property of the United States in the Department of War, and then and there in the custody and charge of Edwin M. Stanton, Sec retary for said' Department, contrary to the pro visions of an act entitled " An act to define and' punish certain conspiracies," approved July 31, 1861, and with intent to violate and disregard' an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, whereby said Andrew Johnson, President of the United States, did then and there commit a.high crime in office. Aeticle VII. — That said Andrew Johnson,, President of the United: States, unmindful, of bhe high duties of his office and of hfe oath of office, on the 21st day of February, in the year of our Lord 1868, at Washington, in the Dis trict of Columbia, did unlawfully conspire with one Lorenzo Thomas, with intent unlawfully to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton, Sec retary for said Department, with intent to vio late and disregard the act entitled "An act regulating the tenure of certain civil offices," ?assed March 2, 1867, whereby said Andrew ohnson, President of the United States, did then and there commit a high misdemeanor in. office. Article VIII. — That said Andrew Johnson, President of the. United States, unmindful of the high duties of his office and of his oath of office, with intent unlawfully to control- the disburse ments of the moneys appropriated for the mili tary service, and for the" Department' of W,ar, r)h the 21st day of February, in the year' of our Lord 1868, at Washington, in the District of Cblumb'ift, did unlawfully and contrary to ths provisions of fen-act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and, in violation of foe Constitution of the United States, an.d without the advice ahd consent of the Senate of the United States, and while the. Senate was then- and- there in session, there being no vacancy in the office of Secretary for the Departmept of- War-, and', with intent too violate and disregard the a;ct- aforesaid, then and there issue and deliver to one Lorenzo Thomas a letter of authority in writing, in substance as follows, that is to say : Executive Mansion, Washington, D, G:, Mmiafry 21, 1868.- Sir: The Hon. Edwin M. Stantoij. haying been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered' to act as Secre tary of VV ar ad' interim, and- will immediately enter upon the discharge of tlie duties pertaining to that. office, Mr. Stanton has been instructed; to. transfer to you all the records, books, papers, and. other, public property now in his custody and charge. Respect fully, yours* Andrew Johnson*, To Brevet Major Gen. Lorenzo. Thomas Adjutant General JJ. S.Army, Washington, D. G.. Whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office, Aeticle IX.— That said' Andrew Johnson, President of the United States, on, the 22d,day of February, in the year of our Lord 1868, at Wash ington, in theDistrict ofC&l'umbia, in di'sregardof the Constitution and the laWs ofthe United Stays, duly enacted, as commander-in-chief of the army of the United. States, did bring- before himself then and there William- TLBmoty, a major feneral by brevet in. the army of the United; tales, actually in command of the, department; of Washington and the military forces thereof, and" did then and there, as Buch commander-in,---, chief, declare to and, instruct said Ernory (hsjtj part of a law ofthe United Sta-ties-, passed March 2, 1867, entitled " An act iri.aking appropria tions for the support of the army for the year ending June 30, 1868, and, for, other pur poses, especially the second section thereof, which provided, among othjer things, that,, " all orders and instructions relating to mili tary operations issued by the President or Secretary of War shall be issued, through the- General of the army, and in case of his inability through the next in rank" was unconstitutional, and in contravention, of th,e- commission of saict- Emory, and which said- provision of law. hadr been theretofore duly and legally promulgated, by General Order for the government, and dire,?? tion of the army of the United, Sltates, as the said: Andrew Johnson then and there well knew,,-, with intent thereby to induce said fimory in his _ official capacity as commander of the depart ment of Washington, to violate the provisions of; said act, and to take and receive, act upon, and- obey such orders as he, the satid Andrew John son, might make and give, and, which should nplt be issued through the General of the army of thi United States, according to theprovisions^fsaip! act, and with the further intent thereby to enable- him, the said Andrew Johnson, to prevent the. THE ARTICLES OF IMPEACHMENT, ETC. 269 execution of the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and to unlawfully prevent Edwin M.' Stanton, then being Secretary for the Depart ment of War, from holding said office and dis charging the duties thereof, whereby said An drew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. And the House of Representatives, by pro testation, saving to themselves the liberty Of exhibiting at any time hereafter any further arti cles or other accusation, or impeachment against the said Andrew Johnson, President of the United State's, and also of replying to his answers which he shall make untothe articles herein preferred against hira, and of offering proof to the same, and every part thereof, ana to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall re quire, do demand that the said Andrew Johnson may be put to answer the high crimes and mis demeanors in office herein charged against him, and that such -proceedings, examinations, trials, and Judgments may be' thereupon' had arid given as may be agreeable to law and justice. SCHUYLER COLFAX, Speaker of the Souse of Representatives. Attest : Edwaed McPbebson, Clerk of the Souse of Representatives. IntheHouse of Representatives U. S. 'March 3, 1868. The following additional articles of impeach' ment were agreed to, viz : Aeticle' X. — That said Andrew Johnson,, President of the United States, unmindful of the high duties of his office and the dignity and proprieties thereof, "and of the harmony and cowtesies which ought to exist and be main tained 'between the executive and legislative "branches of the, government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did attempt to 'bring into disgrace, ridicule, hatred, con tempt and reproach the Congress of the United States, and the several branches thereof, to im pair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, (which all officers of the Government ought inviolably to preserve and maintain,) and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in putsuance of his Said design and intent, openly and publicly, and before divers assemblages of the citizens of the United States convened in divers parts thereof to meet and receive said Andrew Johnson as the'C'hief Magistrate of the united States,. did.-OB the 18 th day of August, ». the year of our Lord 1866, aod on divers other days and times, as w«ll before as -after ward, make and deliver with a loud voice cer tain intemperate, inflammatory, and scandalous, harangues, -and did therein ' utter loud threats and bitter menaces as well against Congress as the laws of the United States dulv enacted thereby, amid the cries,. jeers and laughter of the multitudes then assembled and in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that is to say : Specification Fiest. — In this, that at Wash ington, in the District of Columbia, in the Ex ecutive Mansion, to a committee of citizens who called upon the President of the United States, speaking of and concerning the Congress of the United States, said Andrew Johnson, President of the United States, heretofore, to wit, on the 18th day of August, in the year of our LoVd 1866, did, in a loud voice, declare in substance and effect, among other things, that is to say : "So far as the exeoutive department of the government is concerned, the effort hay been made' to restore the Union, to heal the' breach, -to pour oil into the wounds which were consequent upon -tlie struggle, and (to speak in common phrase) to prepare as the learned and wise physician would, a plaster lieaii-ngin character • u-od coextensive with the wound. W;e thought, and wo think, that we had partially succeeded; but as the Work progresses, as reconstruction seemed-to: be taking place, and the country was becoming reunited, we founda disturbing-and marring element oppos ing us. In alluding to that element, I shall go no further than your convention and the distinguished gentleman who has delivered to me the report of its proceedings. I shall make no reference to it that I do not believe the time and the occasion justify. " Wie have witnessed in one department ofthe Govern ment every endeavor to prevent tlie restoration of peace, harmony, and -Union. 'We have seen hanging upon the vergo of the Government, as it were, a body called, or which assumes to be, tlieCongress of the United States, wbile'in feet it iea Congress of only a part of the States. We have seen this Congress pretend -to be for 'the Union, when Its everysstep and act tended to pev-petuate disunion and make a disruption of the States inevitable. * * 1!1 We have seen Congress gradually encroach step by step upon consti tutional, rights, amd-v-iolate, dayiftfter day and month after -mouth, fundamental principles of the government. We have -seen a Congress ' that seemed to -forget that there was a limit to the sphere and iscupe of legislation. Wo have seen a Congress in a minority-assume to exercise powet which, allowed- to be consummated, would result in despot ism or monarchy itself." Specification Second.— In this, thatat Cleve land, in the State of Ohio, heretofore, to wit, on the 3d day of September, in the year of our Lord 1866, before a.piiblic assemblage .of citizens and others, said Andrew John-son, President of the United States, speaking rifand concerning the Congress of the' Uni ted ;States,did,.in a loud voice, declare. in substance and effect, -among other things, thatis to say: *'I will tell you whatl did.do. 1 allied upon yonr-Cofl- gress, that is trying to break up the. government. * * * "In conclusion, beside that, Congress had taken much pains to poison their constituents against him. Rut what ¦had Congress done? hliive they done any tiling to restore the utiio'lt of these states? No ; on the contrary, they had done everything to prcvent.it; and because he stood -now where he did when the rebellion commenced, he had been denounced as a traitor. "Who had run greater risks or made greater sacrifices than- himself? But Congress, factiousand domineering, had undertaken to poison Hie minds of the iAmerican people." Specification Thied. — -In this, that at St. Louis, in the Stale of Missouri, heretofore, to wit, on the 8th day of September, in the year of of our Lord 1866, before a public assemblage- of citizens and others, said Andrew Johnson, Pres ident of 'the United States, speaking , of and concerning the Congress of the United States, did, in a loud voice, declare, in substance and effect, among other -things, that is to say : " Go on. Perhaps' if you. had a word; c r two on tha sub ject of Now' Orleans you might tindertitaud more about it than vou do. And if you will go buck— if you will go back and ascertain the cause of the riot at New Orleans per haps you will not be so prompt in, calling out ' New Orleans.' If you will take up the riot at New Orleans, and trace it back 270 POLITICAL MANUAL. to its source or its immediate cause, voir will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Congress, you will find that the riot at New Orleans was substantially planned. If you will take up the proceed ings in their caucuses you will understand that they there knew that a convention was to be called which was extinct by its power having expired; that it was said that the in tention was that a new government was to be organized, and on the organization of that government the intention was to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at the same time disfranchise white men. When yo.u design to talk about New Orleans, you ought to understand what you are talking about. When you read the speeches that -vere made, and take up the facts on the Friday and Satur day before that convention sat, you will there find that speeches were made incendiary in their character, exciting that portion ofthe population, the black population, to arm themselves and prepare for the shedding of blood. You will also find that that convention did assemble in violation of law, and the intention of that convention was to supersede the reorganized authorities in the State government of Louisiana, which had been recognized by the Government of the United States ; and every man engaged in that rebellion in that convention, with the intention of superseding and upturn ing the civil government which had been recognized by the Government of the United States, I say that he was a traitor to the Constitution ofthe United StateB, and hence you find that another rebellion was commenced, having its origin in the radical Congress. * * * * * " So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed ; and every drop of blood that was shed is upon their skirts, and they are responsible for it. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes, and consequences that resulted from proceedings of that kind, perhaps, as I have been introduced here, and you have provoked questions of this kind, though it does not pro voke me, I will tell you a few wholesome things that have been done by this radical Congress in connection with New OrleanB and the extension of the elective franchise. " I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere — that I have attempted to exercise an arbitrary power iu resisting laws that were intended to be forced upon the Government; that I had exercised that power ; that I had abandoned the party that elected me, and that I was a traitor, because I exercised the veto power in attempting, and did arrest for a time, a bill that was called a ' Freedman's Bureau' bill ; yes, that I was a traitor. And I have been traduced, I have been slan dered, I have been maligned, I have been called Judas Is cariot, and all that. Now, my countrymen, here to-night, it is very easy to indulge in epithets; it is easy to call a man Jndas and cry out traitor, but when he is called upon to give arguments and facts, he is very often found wanting. Judas Iscariot — JudaB. There was a Judas, and he was one of the twelve apostles. Oh 1 yes, the twelve apostles had a Christ. The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my CHrist that I have played the JudaB with? Was it Thad. SteveuB ? Was it Wendell Phillips? Was it Charles Sumner ? These are the men that stop and compare themselves with the Saviour; and everybody that differs with them in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to be denounced as a Judas. * * * * "Well, let me say to you, if you will stand by me in this action, if you will Btand by me in trying to give the people a fair chance— soldiers and citizens — to participate in these offices, God being willing, I will kick them out. I will kick them out just as fast as I can. " Let me say to you, in concluding, that what I have Baid I intended to say. I was not provoked into this, and I care not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor overawed by my friends. But, God willing, with your help, I will veto their measures whenever any of them come to me." Which said utterances, declarations, threats, and harangues, highly censurable in any, are peculiarly indecent and unbecoming in the Chief Magistrate of the United StateB, by means whereof said Andrew Johnson has brought the high office of the President of the Unitea States into contempt, ridicule, and disgrace, to the great scandal of all good citizens, whereby said An drew Johnson, President of the United States, did commit, and was then and there guilt-" of a high misdemeanor in office. Aeticle XI. — That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of office, and in disregard of the Constitution and laws of the United States, did, heretofore, to wit, on the 18th day of August, A. -D. 1866, at the city of Washington, and the District of Columbia, by public speech, declare and affirm, in substance, that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legis lative power under the same, but, on the contrary, was a Congress of only part of the States, there by denying, and intending to deny, that the legislation of said Congress was valid or obliga tory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying, and intending to deny, the power of the said Thirty- Ninth Congress to propose amendments to the Constitution of the United States ; and, in pursuance of said declara tion, the said Andrew Johnson, President of the United States, afterwards, to wit, on the 21st day of February, A. D. 1868,' at the city of Washing ton, in the District of Columbia, did, unlawfully, and in disregard of the requirement of the Con stitution, that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled " An act regulating the tenure of certain civil offices," passed Mar#h 2, 1867, by unlawfully devising and contriving, and attempting to devise and contrive means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of the c-flice of Secretary for the Department of War, notwith standing the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War ; and, also, by further unlawfully devising and contriving, and attempting to devise and con trive, means, then and there, to prevent the execution of -an act entitled " An act making appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867; and, also, to prevent the execution of an act entitled "An act to provide for the more efficient govern ment of tbe rebel States," passed March 2, 1867, whereby the said Andrew Johnson, President of the United States, did then, to witx on the 21st day of February, A. D. 1868, at the city of Washington, commit, and was guilty of, a high misdemeanor in office. SCHUYLER COLFAX, Speaker of the Souse of Representatives, Attest : Edwaed McPheeson, Clerk of the Souse of Representatives. Votes on the Articles in the House. 1868, March 2 — The first article was agreed to — yeas 127, nays 42, as follow : Teas — Messrs. Allison, Ames, Anderson, Arnell, Delos R Ashley, James M. Ashley, Bailey, Baldwin, Banks, Beamiui : Beal ty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell Broomall, Buckland, Butler, Cake, Churchill, Reader W Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode Cullom, Dawes, Dixon, Dodge, Donnelly, Driggs, Egglestna Eliot, Farnsworth, Ferriss, Ferry, Fields, GarfieM, Gravely, Griswold, Halsey, Harding. Higby, liill, Hooper, Hopkins, C. D. Hubbard, Hulburd, Hunter, lngersoll,Jew:kes,Ju Senate, and every person who shall hereafter be ed 18 pointed to any such office, and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall havo been in like manner appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasnry, of War, of the Navy, and of the Interior, the Postmaster Gen eral and the Attorney General, shall hold their offices re spectively for and during tbe term of the President by whom they may have been appoiuted, and ono month thereafter, subject to removal by and with the advice and consent of the Senate. This respondent was also aware that this act was understood and intended to be an expression of the opinion of tlie Congress by which that act was passed, that the power to remove execu tive officers for cause might, by law, be taken from the President and vested in him and the Senate jointly ; and although this respondent had arrived at and still retained the opinion above expressed, and verily believed, as he still believes, that tbe said first section of the last- mentioned act wae and is wholly inoperative and void by reason of its conflict with the Con stitution of the United States, yet, inasmuch as the same had been enacted by the constitutional majority in each of the two houses of that Con gress, this respondent considered it to be proper to examine and decide whether the particular case of the said Stanton, on which it was this respondent's duty to act, was within or without the terms of that first section of the act ; or, if within it, whether tbe President had not the power, according to the terms of the act, to re move the said Stanton from the office of Secre tary for the Department of War, and having, in his capacity of President of the Unfted States, so examinedand considered, did form the opinion that the case of the said Stanton and his tenure of office were not affected by the first section of. the last-named act- And this respondent, further answering, says, that although a case thus existed which, in his judgment as President of the United States, called for the exercise of the executive power to remove the said Stanton from the office of Secre tary for the Department of War, and although this respondent was of opinion, as is above shown, that under the Constitution of the United States the power to remove the said Stanton from the said office was vested in the President of the United States ; and although this respondent was also of the opinion, as is above shown, that the case of the said Stanton was not affected by the first section of tbe last named act; and al though each of the said opinions had been formed by this respondent upon an actual case, requiring him, in his capacity of President of the United. States/to come to some judgment and determination thereon, yet this respondent, as President of the United States, desired and de termined to avoid, if possible, any question of the construction and effect of the said first section of the last-named act, and also the broader question' of the executive power conferred on trie President of the United States, by the Con Btitution of the United States, to remove one qf the principal officers of one of the executive departments for cause seeming to him sufficient; and this respondent also desired and determined that, if from causes over which he- could exert no control, it should become absolutely necessary j to raise and have, in some way,, determiner! ' either or both of the said last-named q^estioaSj 274 POLITICAL MANUAL. it was in accordant with the Constitution of the United States ahd was required of the Fresident thereby, that questions of so much gravity and importance, upon which the legislative and ex ecutive departments of the Government had dis agreed, which involved powers considered by all branches of the Government, during its entire nistory down to the year 1867, to have been confided by the Constitution of the United States to the President, and to he necessary for tbe complete and proper execution of his consti tutional duties, should be in some proper way submitted to that judicial department of the government intrusted by the Constitution with the power, and subjected by it to the duty, not only of determining finally the construction of and effect of all acts of Congress, but of com paring them with the Constitution of the United States and pronouncing them inqperative when found in eonflict with that fundamental law which the people have enacted for the govern ment of all their servants. And to tfreBe ends, first, that through the action of the Senate of the United States, the absolute duty of the Pres ident to substitute some fit person in place of Mr. Stanton as one of his advisers, and as a principal subordinate officer whose official conduct he was responsible for and had lawful right to control, might, if possible, be accomplished without the necessity of raising any one of the questions aforesaid ; and, second, if this duty could not be so performed, then that these questions, or such of them as might necessarily arise, should be judicially determined in manner aforesaid, and for no other end or purpose this respondent, as President of the United States, on the 12th day of August, 1867, seven days after the reception of the letter of the said Stanton of the 5th of August, hereinbefore stated, did issue to the said J?tanton the order following, namely : Executive Mansion, Washington, August 12, 1867. Sir; By virtue of the power and authority vested in me as President by the Constitu'ion and laws of the United States, you are hereby suspended from office as Secretary of War, and will cease to exercise any and all functions per taining to die same. You wiia at once transfer to General Ulysses S. Grant, who has this day. been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other pub-lie property now in your cUBtody and charge. The Bod. Edwin M. Stanton, Secretary of War. To which said order the said Stanton made the following reply : „ ° y War Department, Washington City, August 12, 1867. Sir : Your note of this date has been received, inform ing me that, by virtue of the powers vested'in you as-PreBi- d'ent by the Constitution and laws of the United States. I am suspended from office as Secretary of War, and will cease to exercise any nnd all functions pertaining to the same, and also directing me at once to transfer to General Ulysses S. Grant, who .has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, ,and other public property now in my custody and charge. [Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United States, without the advice and con sent of the Senate, and without legal cause, to Suspend me from office as Secretary of *War, or the exercise of any pr all functions pertaining to the same, or without such ad vice and consent, to compel me to transfer to any person the records, books, papers, and public property in my cus tody as Secretary. But inasmuch as the General command ing the armies of the United States -has been appointed ad interim, ami has notified me that he has accepted the ap pointment, I have no alternative but to submit, under pro test, to superior force. To the President. And this respondent, further answering, sayp, that it is provided in and by the second section of "An act to regulate the tenure of certain civil offices," that the President may suspend an officer from the performance of the duties of the office held by him, for certain causes therein dtesignated, until the next meeting of the Sen ate, and until the case shall be acted on by the Senate; that this respondent, as President of the United States, was advised, and he verily believed and still believes, that the executive power of removal from office confided to him by the Constitution as aforesaid includes the powft of suspension from office at the pleasure of tht President, and this respondent, by the order aforesaid, did suspend the said Stanton froiii office, not until the next meeting of the Senate, or until the Senate should have acted upon the case, but by force of the power and authority veBted in him by the Constitution and laws of the United States, indefinitely and at the plea sure of the President, and the order, in form ¦aforesaid, was made known to the Senate of the United States on the 12tb day of December, A. D. 1867, as will be more fully hereinafter stated. And this respondent, further answering, says, th&t in and by the act of February 13, 1795, it was, among other things, provided and enacted that, in case of vacancy in the office of Secre tary for the Department of War, it shall be law ful for the President, in case he shall think it necessary, to authorize any person to perform the duties of that office until a successor be ap pointed or such vacancy filled, but not exceeding the term of six months; and this respondent, being advised and believing that such law Wan in full force and not repealed, by an order dated August 12, 1867, did authorize and empower Ulysses S. Grant, General of the armies of the United States, to act as Secretary for the Depart ment of War ad interim, in the form in whi6h similar authority had theretofore been given, not until the next meeting of the Senate and until the Senate should act ori the case, but at the pleasure of the President, subject only to the limitation of six months in the said last- mentioned act contained; and a copy of the last-named order was made known to the Senate of the United States on the 12th day of Decem ber, A. D. 1867, as will be hereinafter more folly stated ; and in pursuance of the design and in tention aforesaid, if it should become necessary to submit the said questious to a judicial de termination, this respondent, at or near thedate of the last-mentioned order, did make known such his purpose to obtain a judicial decision oi the said questions, or such of them as might ba necessary.- And this respondent, further answering, says, that in further pursuance of his intention and design, if possible, to perform what he judged to be his imperative duty, to prevent the said Stanton from longer holding the office of Secre tary for the Department of War, and at the same time avoiding, if possible, any question respecting the extent of the power of remdVal from executive - office confided to the President by the Constitution of the United States, and any question respecting the construction and effect of the first section of the said "act regii- THE ARTICLES OF IMPEACHMENT, ETC. 27.5 lating the tenure ot certain civil offices,1' while be ahould not, by any act -of his, abandon and relinquish, either a power which he believed' the Constitution had conferred on the President of the United States, to enable him to perform the duties of his office, or a power designedly left to him by the first section of the act of Congress last aforesaid, this respondent did, on the 12th day of December, 1867, transmit to the Senate of the United States a message, a copy whereof is hereunto annexed and marked B, Wherein he made known the orders aforesaid and the reasons which had induced the same, so far as this respondent then considered it mate rial and necessary that the same should be set forth, and reiterated his views' concerning the constitutional power of removal vested in the president, and also expressed hiB views concern ing the construction of the said first section of the last-mentioned act, as respected the power of the President to remove the said Stanton from the said office of Secretary for the Depart ment of War, well hoping that this respondent could thus perform what he then believed, and still believes, to be his imperative duty in refer ence to the said Stanton, without derogating from the powers which this respondent believed were confided to the President by the Consti tution and laws, and without the necessity of raising judicially any questions respecting the same. And this respondent, further answering, says, that this hope not having been realized, the President was compelled either to allow the said Stanton to resume the said office and remain therein, contrary to the settled convictions of the President, formed as aforesaid, respecting tbe powers confided to him and -the duties re quired of him by the Constitution of the United States, and contrary to the opinion formed as aforesaid, that the first section of the last-men tioned act did not affect the case of the said Stanton, and contrary to the fixed belief of the President that he could no longer advise with or trust or be responsible for the said Stanton, in the said office of Secretary for the Depart ment of War, or else he was compelled to take such steps as might, in the judgment of the President, be lawful and necessary to raise, for a judicial decision, the questions affecting the lawful right of the said Stanton to resume the said office, or the power of the said Stanton to persist in refusing to quit the said office, if he should persist in actually refusing to quit the same ; and to this end, and to this end only, this Respondent did, on the 21st day of February, 1868, issue the order for the removal of the said Stanton, in the said first article mentioned and set forth, and the order authorizing the said Lorenzo Thomas to act as Secretary of War ad interim, in the said second article set -forth. And this respondent, proceeding to answer specifically each substantial allegation in the said first article, says : He denies that the said Stanton, on the 21st day of February, 1868, was lawfully in possession of the said office of Secre tary for the Department of War. He denies that the said Stanton, on the day last mentioned, was lawfully entitled to hold the said office against the will of the President of the United States. He denies that the said order for the removal of the said Stanton was unlawfully issued. He denies th at the said order was issued with intent to violate the act entitled "An act to regulate the tenure of certain civil offices." He denies that the said order was a violation oi tbe last-mentioned act. He denies that the said order was a violation of the Constitution of the United States, or of any law thereof, or of his oath of office. He denies that the said order was issued with, an intent to violate the Constitution of *he United States, or any law thereof, or thi respondent's oath of office ; and he respectfully, but earnestly, insists that not only was it issue! by him in the performance of what he believed to be an imperative official duty, but in the per formance of what this honorable court will con- eider was, in point of fact, an imperative official duty. And he denies that any and all substan tive matters in the first article contained, in manner and form as the Bame are therein stated and set forth, do by law constitute a high mis demeanor in office, within the true intent and meaning of the Constitution of the United States. ANSWEE TO AETICLE II. And for answer to the second article, this res pondent says, that he admits he did issue and deliver to said Lorenzo Thomas the said writing set forth in said second article, bearing date at Washington, District of Columbia, February 21, 1868, addressed to Brevet Major General Lorenzo Thomas, Adjutant General United States army, Washington, District of Columbia, and hefurther admits that the same was so issued without the adviGe and consent of the Senate ofthe Unittf States, then in session ; but he denies that Ke thereby violated the Constitution of the United States, or any law thereof, or that he did thereby intend to violate the Constitution of the United StateB or the provisions of any act of Congress ; and this respondent refers to his answer to said first article for a full statement of the purposes and intentions with which said order was issued. and adopts tbe same as part of his answer to this article; and he further denies that there was then and there no vacancy in the said' office of Secretary for the Department of War, or that he did then and there commit or was guilty of a high misdemeanor in office; and this respondent maintains and will insist: 1. That at the date and delivery of said writ ing there was a vacancy existing in the office of Secretary for the Department of War. 2. That, notwithstanding the Senate of the United States-was then in session, it was lawful and according to long and well-established usage to empower and authorize the said Thomas to act as Secretary of War ad interim. 3. That if the said act regulating the tenure of civil offices be held to be a valid law, no pro vision of the same was violated by the issuing of said order or by tbe designation of said Thomas to act as Secretary of War ad interim. ANSWER TO AETICLE III. And for answer to said third article, this res pondent says, that he abides by his answer to said first and second articles, in so far as the same are responsive to the allegations contained in the said third article, and, without here again 276 POLITICAL MANUAL. repeating the same answer, prays the same be taken as an answer to this third article as fully as if here again set out at length ; and as to the new allegation contained in said third article, that this respondent did appoint the said Thomas to be Secretary for the Department of War ad interim, this respondent denies that he gave any other authority to said Thomas than 6uch as appears in said written authority set out in said article, by which he authorized and empowered said Thomas to act as Secretary for the Depart ment of, War ad interim-; and he denies that the same amounts to an appointment, and insists that it is only a designation of an officer of that Department to act temporarily as Secretary for the Department of War ad interim, until an appointment should be made. But, whether the said written authority amounts to an appoint ment or to a temporary authority or designation, this respondent denies that in any sense he did thereby intend to violate tbe Constitution of the United States, or that he thereby intended to give the said order the character or effect of an appointment in the constitutional or legal sense of that term. He further denies that there was no vacancy in said office of Secretary for the De partment of War existing at the date of said written authority. *¦ A2JSWEE TO ARTICLE IV. And for answer to said fourth article, this res pondent denies that on the said 21st day of Feb ruary, 1868, at Washington aforesaid, or at any other time or place, he did unlawfully conspire with the said Lorenzo Thomas, or with the said Thomas and any other person or persons, with ifcent, by intimidations and threats, unlawfully to hinder and prevent the said Stanton from holding said office of Secretary for the Depart ment of War, in violation of the Constitution of the United States, or of the provisions of the said act of Congress in said article mentioned, or that he did then and there commit or was guilty of a high crime in office. On the con trary thereof, protesting that the said Stanton was not then and there lawfully the Secretary for the Department of W-ir, this respondent states that his sole purpose in authorizing the said Thomas to act as Secretary for the Depart ment of War ad interim was, as is fully stated in his answer to tbe said first article, to bring the question of the right of the said Stanton to hold said office, notwithstanding bis said sus pension, and notwithstanding the said order of removal, and notwithstanding the said authority of the said Thomas to act as Secretary of War ad interim, to the test of a final decision by the Supreme Court of the United States, in the earliest practicable mode by which the question could be brought before that tribunal. This respondent did not conspire or agree with the said Thomas, or any other person or persons, to use intimidation or threats to hinder or pre vent the said Stanton from holding the said office of Secretary for the Department of War, nor did this respondent at any time command or advise the said Thomas or any other person or persons to resort to or use either threats or in timidations for that purpose. The only means in the contemplation or purpose of respondent to be used are set forth fully in the said orders Of February 21, the first addressed to Mr. Stan ton and the second to the said Thomas , --- . , By the first order, the respondent notified Mr. Stanton that he was removed from the said office, and that his functions as Secretary for the De partment of War were to terminate upon the receipt of that order ; and he also thereby noti fied the said Stanton that the said Thomas had been authorized to act as Secretary for the De partment of War ad interim, and ordered the said Stanton to transfer to him all the records, books, papers, and other public property in his custody and charge; and, by the second order, this res pondent notified the said Thomas of the removal from office of the said Stanton, and authorized him to act as Secretary for the Department oi War ad interim, and directed him to immediately enter upon the discharge of the duties pertain ing to that office, and to receive the transfer oi all the records, books, papers, and other public property from Mr. Stanton then in his custody and charge. Respondent gave no instructions to the said Thomas to use intimidation or threats to enforce obedience to these orders. He gave him no authority to call in the aid of the military or any other force to enable him to obtain pos session of the office, or of the books, papers, records, or property thereof. Tbe only agency resorted to or intended to be resorted to was by means of the said executive orders requiring obedience. But the Secretary of the Depart ment of War refused to obey these orders, and still holds undisturbed possession and custody of that Department, and of the records, books, papers, and other public property therein De spondent further states that, in execution o' the . orders so by this respondent given to the sai'i Thomas, be, the said Thomas, proceeded iD a peaceful manner to demand of the said Stanton a surrender to him of the public property in the said Department, and to vacate the possesion oi the same, and to allow him, the said Thomas, peaceably to exercise the duties devolved upon him by authority of the President. That, as this respondent has been informed and believes, the said Stanton peremptorily refused obedience to the orders so issued. Upon such refusal, no force or threat of force was used by the' said Thomas, by authority ofthe President or other wise, to enforce obedience, either then or at any subsequent time. This respondent doth here except to the suffi ciency of the allegations contained in said fourth article, and states for ground of exception, that it is not stated that there was any agreement between this respondent and the said Thomas, or any other person or persons, to use intimida tion and threats, nor is there any allegation as. to the nature of said intimidation and threats, or that there was any agreement to carry them into execution, or that any step was taken or agreed to be taken to carry them into execu tion, and that the allegation in said article that the intent of said conspiracy was to use intim idation and threats is wholly insufficient, inas much as it is not alleged that the said intent formed the basis or become a part of any agree ment hetween the said alleged conspirators, and, furthermore, that there is no allegation of any THE ARTICLES OF IMPEACHMENT, ETC. 277 consniracy or agreement to use inuuiirtauou a. threats. ; ANSWEE TO AETICLE V. ' And for answer to the said fifth article, this respondent denies that on the said 21st day of February, 1868, or at any other time or times in the same year before the said 2d day of March, 1868, or at any prior or subsequent time, at Washington aforesaid,' or at any other place, this respondent did unlawfully conspire with the said Thomas, or with any other person or per sons, to prevent or hinder the execution of the said act entitled " An act regulating the tenure of certain civil offices," or that, in pursuance of said alleged conspiracy, he did unlawfully at tempt to prevent the said Edwin M. Stanton from holding said office of Secretary for the "De partment of War, or that he-did thereby commit, or that he was thereby guilty of, a high misde meanor in office. Respondent, protesting that said Stanton was not then and there Secretary for ,he Department of War, begs leave to refer to his answer given to the fourth article and to hip answer given to the first article, as to his in tent and purpose in issuing the orders for the removal of Mr. Stanton and the authority given to the said Thomas, and prays equal benefit therefrom as if the same were here again re peated and fully set forth. ¦ And this respondent excepts to the sufficiency of the said filth article, and states his ground for such exception, that it is not alleged by what means or by what agreement the said, alleged conspiracy was formed or agreed to be carried out, or in what way the same waB attempted to be carried out, or what were the acts done in pursuance thereof. ANSWEE TO AETICLE VI. .And for answer to the said sixth article, this respondent denies that on the said 21st day of February. 1868, at Washington aforesaid, or at any other time pr place, he did unlawfully con spire with the said Thomas by force to seize, take, or possesB, the property of the United States in the Department of War, contrary to the provisions of the said acts referred to in the said article, or either of them, or with intent to violate either of them. Respondent, protesting that said Stanton was not then and there Secre tary, for the Department of War, not only denies the said conspiracy as charged, but also denies any unlawful intent in reference to the custody and charge of the property of the United States in tho said Department of War, and again refers to his former answers for a full statement of his intent and purpose in the premises. ANSWER TO AETICLE VII. And for answer to the said seventh article, respondent denies that on the said 21st day of February, 1868, at Washington aforesaid, or at any other time and place, he did unlawfully con- Bpire with the said Thomas with intent unlaw fully to seize, take, or possess the property of the United States in the Department of War with intent to violate or disregard the said act in the said seventh article referred to, or that he did then and there commit a high misdemeanor in office. .Respondent, protesting that the said Stanton was not then and there Secretary for the B Uepaiduciii .,! «»i tu>in refers to his former answers, in so far as tney are applicable, to show the intent with which he proceeded in the prem ises, and prays equal benefit therefrom as if the same were here again fully repeated. Respond ent further takes exception to the sufficiency of the allegations of this article as to the conspiracy alleged, upon the same grounds as stated in the exception set forth in his answer to said article fourth. ANSWEE TO AETICLE VIII. And for answer to the said eighth article, this respondent denies that -on the 21st day of Feb ruary, 1868, at Washington aforesaid, or at any other time and place, he did issue and deliver to the said Thomas the said letter of authority set forth in the said eighth article, with the intent unlawfully to control the disbursements of the money appropriated for the military service and for the Department of War. This respondent, protesting that there was a vacancy in the office of Secretary for the Department of War, admits that he did issue the said letter of authority, and he denies that the same was with any unlawful intent whatever, either to violate the Constitu tion of the United States or any act of Congress. On the contrary, this respondent again affirms that his sole intent was to vindicate his authority as President of the United States, and by peace ful means to bring the question of the right of the said Stanton to continue to hold the said office of Secretary of War to a final decision before the Supreme Court of the United States, as has been hereinbefore set forth ; and he prays the same benefit from his answer in the premises as if the same were here again repeated at leugth. ANSWER TO AETICLE IX. And for answer to the said ninth article the res pondent states thai on the said 22d day of Feb ruary, 1868, the following note was addressed to the said Emory by the private secretary of respondent : Executive Mansion, Washington, D. C, February 22, 1868. General: The President directs me to say that he will be pleasad to have you call upon him as early as practicable. Respectfully and truly, yours, William G. Moore, United States Army. General Emory called at the Executive Man sion according to this request. The object of respondent was to be advised by General Emory as commander of the department of Washington, what changes had been made in tbe military affairs of the department. Respondenthad been informed that various changes had been made, which in nowise had been brought to his notice or reported to him from the Department of War, or from any other quarter, and desired to ascertain tbe facts. After the said Emory had explained in detail the changes which had taken place, said Emory called the attention of respondent to a general order which he referred to and which this respondent then sent for.when it was produced. It is as follows : [General Orders No. 17.] War Department. Adjutant General's Offiob, Washington, March 14, 1867- The following acts of Congress ara published for the in formation and government of all concerned : II— Poolic— No. 85. An Act making appropriations for the support of th 278 POLITICAL MANUAL. army foi the year ending June 30, 1868, and for other purposeB. Seo. 2. And be it further enacted, That the headquarters ofthe Gemral ofthe army of the United States shall be at. the city of Washingtr-.u, and all orders and instructions re lating to 'military operatious issued by the President or Secretary of War shall be Usued through the General of the army, and in case of his inability, through the next inrank. The'General of the army shall not be removed, suspended, or relieved from command or assigned to duty elsewhere than at said headqn irters, except at his own request, with out, the previous approval of the Senate; and any orders or instructions relating to military operations issued contrary to ihe requiremenls of this section shall be null and' void1; and any officer who Shall issue orders or instructions con trary to the prnvisionsof ihis section shall bedeemed guilty of a misdemeanor in office; and any officer of the army who •hall tr.tnsmi t, convey, or obey any orders or instructions 60 issued contrary to the provisions of this section^ knowing that such orders were so issued, shall be liable to imp:ison- nientf-r not less than two nor more than twenty years, upon conviction thereof in any court of competent juris diction. Approved March 2, 1867. By order of the Secretary of War: E. D. Townsend, Assistant Adjutant General. General Emory not only called the attention of respondent to this order, but to the fact that it was in conformity with a section contained in an appropriation act passed by Congress. Res pondent, after reading the order, observed: " This is not in accordance with the Constitution of the United States, which makes me com mander- in chief of the army and navy, or of the language of the commission which you hold." General Emory then stated that this order had met respondent's approval. Respond ent then said in reply, in substance, " Am I to understand that the President of the United States cannot give an order but through the General-in chief, or General Grant?" General Emory again reiterated the statement that it had met respondent's approval, and that it was the opinion of some of the leading lawyers of the country that this order was constitutional. With some further consideration, respondent then inquired the names of the lawyers who had given the opinion, and he mentioned the names of two. Respondent then said that the object of the law was very evident,' referring to the clause in tbe appropriation act upon which the order purported to be based. This, according to respondent's recollection, was the sabstance of the conversation had withGeneral Emory. Respondent denies that any allegations in the said article of any instructions or declarations given to the said Emory, then or at any other time, contrary to or in addition to what is here inbefore set forth, are true. Respondent denies that, in said conversation with said Emory, he had any other intent than to express the opinions then given to the said Emory ; nor did he then, or at any time, request or order 'the said Emory to disobey any law or any order issued in conformity with any law, or intend to offer any inducement to the said Emory to violate any law. What this respondent then said to General Emory was Bimply the expression of an opinion which he then fully believed to be Bound, and which he yet believes to be so — and that is, that by the express provisions of the Constitution, this respondent, as President, is made the commander in-chief of the armies of the United States, and as such he is to be re spected ; and that his orders, whether issued through the War Department or through the General-in-chief, or by any other channel of com munication, are entitled to respect and obedi ence ; and that such constitutional power cannot be taken from him by virtue of any act of Congress. Respondent doth therefore deny that by the expression of such opinion he did commit or was guilty of a high misdemeanor in office.. And this respondent doth further say that the said article nine lays no foundation whatever for the conclusion stated in the said article, that the respondent, by reason of the allegations therein contained, was guilty of a high misdemeanor in office. In reference to the statement made by General Emory, that this respondent had approved of said act of Congress containing, the section re ferred to, the respondent admits that his formal approval was given to said act, but accompanied the same by the following message, addressed and sent with tbe, act to the House, of Represen tatives, in which House the said act originated, and from which it came to respondent: To the House of Representatives : The act entitled ¦' An act making appropriations for'.tu? supportnf the ai-my fo- the year ending June ¦ 0, 186S,' and for other purposes,'3 contains provisions to which I must call attention. These provisions are contained in the 2d section, which, in certain cases, virtually deprives the President of his constitutional functions as commander-in-chief of the army, and in tlie sixth section, which denies to ten states of the Union their constitutional right to protect them selves, in any emergency, by means of their nwn militia. These .provisions are out of place in an appropriation act, but I am compelled to defeat these necessary appropriations if I wilhhold my signature from, the net. Pressed by these considerations, I feel constrained to return the bill with my signature, but to accompany it wilh my earnest protest against the seotions which I have indicated. Washington, D. C, March 2, 1867. Respondent, therefore, did no more than to express to said Emory the same opinion which he had expressed to the House of Representa tives. ANSWEE TO AETICLE X. And in answer to the tenth article and speci fications thereof, the respondent says that ori the 14th and 15th days of Augu?^ in the year 1866, a political convention of delegates from all or most of the States and Territories of the Union was held in the city of Philadelphia, under the name and style of the National Union Conven tion, for the purpose of maintaining and advanc ing certain political views and opinions before the people of the United States, and for their support and adoption in the exercise of the constitutional suffrage, in the election of rep resentatives and delegates in Congress, whioh were soon to occur in many of the States and Territories of the Union ; which Baid conven tion, in the course of its proceedings, and in furtherance of the objects of the same, adopted a " declaration of principles " and A an address to the people of the United States," and ap pointed a committee of two of its members from each State and of one from each Territory and one from the District of Columbia to wait upon the President of the United States and present to him a copy ofthe proceedings of the conven tion ; that on the 18th day of Baid month of AuguBt, this committee waited upon the Presi dent of the United States at the Executive Mari- sfon, and was received by him in one of tlie rooms thereof, and by their ehairman, Hon. Reverdy Johnson, then und now a Senator of THE ARTICLES OF IMPEACHMENT, ETC. 279 the United States, acting and speaking in their behalf, presented a copy of the proceedings of the convention, and addressed the President of the United States in a speech, of which a copy (according to a published report of the same, and, as the respondent believes, substantially a correct report) is hereto annexed as a part of this answer, and marked Exhibit C. That thereupon, and in reply to tho address of aaid committee by their, chairman, this respond ent addressed thesaid committee so waiting upon him in one of the rooms of the Executive Man sion ; and this respondent believes that this his address to said oommittee is the occasion re ferred to in the first specification of the tenth article; but this respondent does not admit that the passages therein set forth, as if extracts from a speech or address of this respondent upon said occasion, correctly or justly present his speech or address upon said occasion, hut, on the contrary, this respondent demands and insists that if this honorable court shall deem the said article and the said specification thereof to contain allega tion of matter cognizable by this honorable court as a high misdemeanor in office, within the intent and meaning of the Constitution of the United States, and shall receive or allow proof in support of the same that proof shall be re quired to be made of the actual speech and ad dress of this respondent on said occasion, which this respondent denies that said article and speci fication contain or correctly or justly represent. And this respondent, further answering the tenth article and the specifications thereof, says that at Cleveland, in the State of Ohio, and on the 3d day of September, in the year 1866, he was attended by a large assemblage of his fel low-citizen's, and in deference and obedience to their call and demand he addressed them upon matters of public and political consideration ; and this respondent believes that said occasion and address are referred to in the second speci fication of the tenth article; but this respond ent does not admit that the passages therein set forth, as if extracts from a speech of this respond ent on said occasion, correctly or justly present his speech or address upon said occasion; but, on the contrary, this respondent demands and insists that if this honorable court shall deem the said article and the second specification thereof to contain allegation of matter cogniz able by this honorable court as a high misde meanor in office, within the intent and meaning of the Constitution of theUnited States, and shall receive or allow proof in support of the same, that proof shall be required to be made of the actual speech and address of this respondent on said occasion, which this respondent denies that ¦«ftid article and specification contain or correctly or justly represent? And this respondent, further answering the tenth article and the specifications thereof, says that at St. Louis, in the -State of Missouri, and on the 8th day of September, in the year 1836, he was attended by a numerous assemblage of his fellow-citizens, and in deference and obe dience to their call and demand he addressed thern upon matters of public and political con- uderation ; and this respondent believes that •aid occasion and address are referred to in the third specification of the tenth article ; but this -respondent does not admit that the passages therein set forth, a8 if extracts from a speech of this respondent on said occasion, correctly oi justly present his speech or address upon said occasion ; but, on the contrary, this respondent demands and insists that if this honorable court shall deem the said article and the said third specification thereof to contain allegation of matter cognizable by this honorable court as a high misdemeanor in office, within the intent and meaning of the Constitution of the United States, and shall receive or allow proof in sup port of the same, that proof shall be required to be made of the actual speech and address of this respondent on said occasion, which this respond ent denies that the said article and specification contain or correctly or justly represent. And this respondent, further answering the tenth article, protesting that he has not been unmindful of the high duties of his office, or of the harmony or courtesies which ought to exist and be maintained between the executive and legislative branches of the Government of the United States, denies that he has ever intended or designed to set aside the rightful authority or powers of Congress, or attempted to bring into disgrace, ridicule, hatred, contempt, or reproach the Congress of the United States or either branch thereof, or to impair or destroy the re gard or respect of all or any of the good people of the United States for the Congress or the right ful legislative power thereof, or to excite the odium or resentment of all or any of the good people of tbe United States against Congress and thelaws by it duly and constitutionally enacted. This respondent further says, that at all times he has, in his official acts as President, recog nized the authority of the several Congresses of the United States as constituted and organized during his administration of the office of Presi dent of the United States. And this respondent, further answering, says that he has, from time to time, under his consti tutional right and duty as President of the United States, communicated to Congress his views and opinions in regard to such acts or res olutions thereof as, being submitted to him as President of the United States in pursuance of the Constitution, seemed to this respond-nt to require such communications; and he has, irom time to time, in the exercise of that freedom of speech which belongs to him as a citizen of the United States, and, in Ins politital relations as President of the United States to the people of the United States, is upon fit occasions a duty of the highest obligation, expressed to his fellow- citizens his views and opinions respecting the measures and proceedings of Congress ; and that in such addresses to his fellow-citizens and in such his communications to Congress he has ex pressed his views, opinions, and judgment of and concerning the actual constitution of the two houses of Congress without representation therein of certain States of the Union, and of the effect that in wisdom and justice, in tho opinion and judgment of this respondent, Con gress, in its legislation and proceedings, should give to this political circumsta&ce; and whatso ever he lias thus communicated to Congress c r 280 POLITICAL MANUAL. addressed to his fellow-citizens or any assemblage thereof, this respondent says was and is within and according to Lis right and privilege as an American citizen and his right and duty as Presi dent of the United States. And this respondent, not waiving or at all disparaging his right of freedom of opinion and of freedom of speech, as hereinbefore or herein after more particularly set forth, but claiming and insisting upon the same, further answering the said tenth article, says that the views and opinions expressed by this respondent in his said addresses to the assemblages of his fellow-citi zens, as in said article or in this answer thereto mentioned, are not and were not intended to be other or different from those expressed by him in his communications to Congress — that the eleven Stales lately in insurrection never had ceased to be States of the Union, and that they were then entitled to representation in Congress by loyal Representatives and Senators as fully as the other States of tbe Union, and that, conse quently, the Congress, as then constituted, was not, in fact, a Congress of all the States, but a Congress of only a part of the States. This re spondent, always protesting against the unau thorized exclusion therefrom of the said eleven States, nevertheless gave his assent to all laws passed by said Congress which did not, in his opinion and judgment, violate the Constitution, exercising bis constitutional authority of return ing bills to said Congress with his objections when they appeared to him to be unconstitu tional or inexpedient. And, further, this respondent has also ex pressed the opinion, both in his communications to Congress and in his addresses to the people, that the policy adopted by Congress in reference to the States lately in insurrection did not tend to peace, harmony, and union, but, on the con trary, did tend to disunion and the permanent disruption of the States; and that in following its said policy, laws had been passed by Con gress in violation of the fundamental principles of the government, and which tended to con solidation and despotism ; and, such being hi3 deliberate opinions, he would have felt himself unmindful of the high duties of his office if he had failed to express them in his communica tions to Congress, or in his addresses to the peo pie when called upon by them to -express his opinions on matters of public and political con sideration. And this respondent, further answering the tenth article, says that he has always claimed and insisted, and now claims and insists, that both in his personal and private capacity of a citizen of the United States, and in the political relations of the President of the United States to the people of the United States, whose ser vant, under the duties and responsibilities of the Constitution of the United States, the President of the United States is, and should always re main, this respondent had and has the full Tight, and in his office of President cf the United States is held to the high duty of forming, and, on fit occasions, expressing, opinions of and concern ing the legislation of Congress, proposed or com pleted, in respect of its wisdom, expediency, justice, worthiness, objects, purposes, and public and political motives .and tendencies; and with in and as a part of such right and duty to form, and on fit occasions to express, opinions of and. concerning the public character and conduct,: views, purposes, objects, motives, and tendencies of- all men engaged in the public service, as well, in Congress as otherwise, and under no other rules or limits upon this right of freedom: of opinion and of freedom of speech, or of responsi bility and amenability for the actual exercise of such freedom of opinion and freedom of Bpeech,. than attend upon such rights and their exercise on the part of all other citizens of the United States, and on the part of all their public ser vants. And this respondent, further answering said tenth article, says that the several occasions on which, as is alleged in the several specifications of said article, this respondent addressed hie fellow-citizens on subjects of public and politi cal consideration, were not, nor was any one of them, sought or planned by this respondent; but, on the contrary, each of said occasions arose upon the exercise of a lawful and accus tomed right of the people of the United States to call upon their public servants and express to them their opinions, wishes, and feelings upon matters of public and political considera tion, and to invite from such, their public ser vants, an expression of their opinions, views, and feelings on matters of public and political consideration ; and this respondent claims and insists before this honorable court, and before all the people of the United States, that of or concerning this his right of freedom of opinion and of freedom of speech, and this his exercise of such rights on all matters of public and political consideration, and in respect of all public ser vants or persons whatsoever engaged in or con nected therewith, this respondent, as a citizen or as President of the United States, is not subject to quostion, inquisition, impeachment, or incul* pation in any form or manner whatsoever. And this respondent says that neither the said. tenth article nor any specification thereof, nor any allegation therein contained, touches or re lates to any official act or doing of this respond ent in the office of President of the United States or in the discharge of any of its eonstitur . tional or legal duties or responsibilities; but said article and the specifications and allegations thereof, wholly and in every part thereof! ques tion only the discretion or propriety of freedom. of opinion or freedom of speech as exercised by this respondent as a citizen of the United States in his personal right and capacity, and without allegation or imputation against this respondeat- of the violation of any law of the United States touching or relating to freedom of speech or ita exercise by the citizens of the United States or by this respondent as one of the said citizensior otherwise; and he denies that, by reason of as* matter in said article or its specifications alleged^ he has said 01 done anything indecent or unhei coming in the Chief Magistrate of the United States, or that he has brought the high office of the President of the United States into con' tempt, ridicule, or disgrace, or that he has com mitted or has been guilty of a high misdemeanor in office. ORDERS, LETTERS, MESSAGES, ETC. 281 !¦. ANSWEE TO ARTICLE XI. . And in answer to the eleventh article, this re spondent denies that on the 18th day of August, in.the year 1866, at the city of Washington, in the District of Columbia, ho did, by public speech or otherwise, declare or affirm, in sub stance or at all, that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the Bame, or that he did then and there declare or affirm that the said Thirty-Ninth Congress was a Congress of only part of the States in any sense or mean ing other than that ten Slates of the Union were denied representation therein ; or that he made any or either of the declarations or affirmations in this behalf, in the said article alleged, as deny ing or intending.to deny that the legislation of Baid ' Thirty-Ninth Congress was valid or obligatory upon this respondent, except so far as this respondent saw fit to approve the same ; and as to the allegation in said article, that he did thereby intend or mean to be understood that the said Congress had not power to propose amendments to the Constitution, this respondent Bays that in said address he said nothing in refer ence to the subject of amendments of the Con stitution, nor was the question of the compe tency of the said Congress to propose such amendments, without the participation of said excluded States, at the time of said address, in any way mentioned or considered or referred to by this respondent, nor in what he did say had he any intent regarding the same, and he denies the -allegation so made to the contrary thereof. Bat this respondent, in further answer to, and in respect of, the said allegations of the said eleventh article hereinbefore traversed and de nied, claims and insists upon his personal and official right of freedom of opinion and freedom ofiapeech, and his duty in his political relations as President of tbe United States to the people of the United States in the exercise of such freedom of opinion and freedom of speech, in the Bame manner, form, and effect as he has in this behalf stated the same in his answer to the said tenth article, and with the same effect as if he here repeated the same ; and he further claims and insists, as in said answer to said tenth article he has claimed and insisted, that he is not sub ject to question, inquisition, impeachment, or in culpation, in any form or manner, of or concern ing such rights of freedom of opinion'of freedom of/speech or his said alleged exercise thereof. ¦ And this respondentfurtherdenies that on the 21st of February, in the year 1868, or at any other time, at the city of Washington, in the District of Columbia, in pursuance of any such declaration as is in that behalf in said eleventh article alleged, or otherwise, he did unlawfully, and in disregard of the requirement of the Con stitution that he should take -care that tbe laws should be faithfully executed, attempt to pre vent the execution of an act entitled "An act regulating the tenure of certain civil offices," pasoed March 2, 1867, by unlawfully devising or contriving, or attempting to devise or contrive, means by which he should prevent Edwin M. Stanton .from forthwith resuming the functions of Secretary for the Department of War ; or by unlawfully devising or contriving, or at tempting to devise or contrive, means to prevent the execution of an act entitled "An act mak ing appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867, or to prevent the execution of an act entitled "An act to provide for the more efficient government of tbe rebel States," passed March 2, 1867. And this respondent, further answering the said eleventh article, says that he has, in his an swer to the first article, set forth in detail the acts, steps, and proceedings done and taken by this respondent to and toward or in the matter of the suspension or removal of the said Edwin M. Stanton in or from the office of Secretary for the Department of War, with the times, modes, circumstances, intents, views, purposes, and opinions of official obligation and duty under and with which bucIi acts, steps, and proceedings were done and taken ; and he makes answer to this eleventh article of the matters in his answer to the first article, pertaining to the suspension or removal of said Edwin M. Stanton, to the same intent and effect as if they were here re peated and Bet forth. And this respondent, further answering tbe said eleventh article, denies Hiat by means or reason of anything in said article alleged, this respondent, as President of tbe United States, did, on the 21st day of February, 1868, or at any other day or time, commit, or that he was guilty of, a high misdemeanor in office. And this respondent, further answering the said eleventh article, saysYhat the same and the matters therein contained do not charge or allege the commission of any act whatever by this respondent, in his office of President of the United States, nor the omission by this respond ent of any act of official obligation or duty in his office of President of the United States ; nor does, the said article nor the matters therein con tained name, designate, describe, or define any act or mode or form of attempt, device, con trivance, or means, or of attempt at device con trivance or means, whereby this respondent can know or understand what act or mode or form of attempt, device, contrivance or means, or of attempt- at-device, contrivance, or means, are imputed to or charged against this respondent, in his office of President of the United States, or intended so to be, or whereby this respondent can more fully or-definitely make answer unto the eaid article than he hereby does. And this, respondent, in submitting to this honorable court- this his answer to the Articles of Impeachment exhibited against him, respect fully reserves leave to amend and add to the same from time to time, as may become neces sary or proper, and when and as such necessity and propriety shall appear. Andeew Johnsos Henet Stanbeet, B. R. Cuetis, Thomas A. R. Nelson, William M. Evaets, W- S. Geoesbeck, Of Counsel. 282 POLITICAL MANUAL. Same day — The President's counsel asked for thirty days for preparation before the trial shall proceed; which was debated and disagreed to — yeas 12, nays 41. March 24— The Managers presented the rep lication adopted — yeas 116, nays 36 — by the House of Representatives, as follows : In the Housk op Representatives, United States, March 24, 1868. Replication by the House of Representatives of the United States to the answer of Andrew Johnson, Presidmt of the United States, to tlie Articles of Impeachment exhibited against him by the House of Representatives. The House of Representatives of the United States have considered the several answers of Andrew Johnson, Pres ident of the United States, to the several articles of im peachment against him by them exhibited in the name of themselves and of all the people of the United States, and reserving to themselves all advantage of exception to the insufficiency of his answer to each and all of the several articles of impeachment exhibited against said Andrew Johnson, President of the United States, do deny each and every averment in said several answers, or either of them," which denies or traverses the acte, intents, crimes, or mis demeanors charged against said Andrew Johnson in the said articles of impeachment, or either of them ; and for replica tion to said answer do say that said Andrew Johnson, Presi dent of the United States, is guilty of the high crimes and misdemeanors mentioned in Baid articles, and that the House of Representatives are ready lo prove the same. Schuyler Colfax, Speaker ofthe House of Representatives. Edward McPhersoh, Clerk of the House of Representatives. Samef day — An order was adopted, • finally without a division, that the Senate will com mence the trial on the 30th inst., and proceed with all convenient despatch. March 30 — Opening argument by Mr. Butler, one of the Managers, and some testimony intro duced. March 31, April 1, 2, 3, and 4, the testimony for the prosecution continued, and the case on the part of the House substantially closed. Adjourned till April 9, at the request of the President's counsel. April 9 and 10 — Occupied by Judge Curtis's opening argument for the defence, and in pre senting testimony. April 11, 13, 14, 15, 16, 17, 18, 20, testimony presented. April 22— Argument begun, and continued.'on April 23, 24, 25, 27, 28, 29. 30, May 1, 2, i, 5, and 6. May 7 and 11 spent in determining rules, form of question, &c. May 12, adjourned in consequence of the sickness of Senator Howard, till May 16. The Judgment of the Senate. May 16 — By a vote of 34 to 19, it was ordered that the question on the eleventh article be taken first. [For Article XI, see page 10.} The vote was 35 "guilty," 19 " not guilty ,'-' as follow : Guilty — Messrs. Anthony, Cameron, Cattell, Chandler, Cole. Conkling, Conness, Corbett, Cragin, Drake, Ertraundg, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morga,^ Morrill of Maine, Morrill of Vermont, Morton, Nye, Patter son of New Hampshire, Pomeroy,- Ramsey, Sherman, Sprague, Stewart, umner, Thayer, Tipton, Wade, Willey, Williams. Wilson, Yates— 35. Not Guilty— Messrs. Bayard., Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Rose, Saulsbury, Trumbull, Van Winkle, Vickers — 19. May 26 — The second and third articles were voted upon, with the same result as on the eleventh : Guilty 35 ; Not Guilty, 19. A motion that the court do now adjourn sine die waB then carried — yeas 34, nays 16, as fol low : Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Freling huysen, Harlan, Howard, Morgan, Morrill of Maine, Mor rill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wil son, Yates — 34. Nays — Messrs. Bayard, Buckalew, Davis, Dixon, Doo little, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Rosb, Saulsbury, Trum bull. Vickers— 16. Not Voting — Conness, FesBenden, Grimes, Howe — 4. . Judgment of acquittal was then entered by the Chief Justice ou the three articles voted upon, and the Senate sitting as a court for the trial of Andrew Johnson, President ofthe United States, upon Articles of Impeachment exhibited by the House of Representatives, was declared adjourned without day. XXV. CORRESPONDENCE BETWEEN GEN. GRANT AND PRESIDENT JOHNSON, GROWING OUT OF SECRETARY STANTON'S SUSPENSION. Was Department, Washington City, February 4, 1868. Sie : In answer to the resolution of the House of Representatives of the 3d instant, I transmit herewith copies furnished me by General Grant of correspondence between 'him and the Presi dent, relating to the Secretary of War, and which he reports to be all the correspondence he has had with the President on the subject. I have had no correspondence with the Presi dent since the 12th of AuguBt last. After the action of the Senate on his alleged reason for my suspension from the office of Secretary of War, I resumed the duties of that office aB required by the act of Congress, and have continued to dis charge them without any personal or written communication with the President. No order* have been issued from this department in the name of the President, with my knowledge, anfl I have received no orders from him. The correspondence sent herewith embraces*)! the correspondence known to me on the suliect CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 283 referred to in the resolution of the House of Representatives. I have the honor to be, sir, with great respect, your obedient servant, Edwin M. Stanton, Secretary of Wai, Hon. Sohuylee Colfax, Speaker of the Souse of Representatives. 1. — genebal geant to the peesident. Heawiaetebs Aemy of the United States, Washington, January 24, 1868. Sib : I have the honor, very respectfully, to request to have, in writing, the order which the President gave me verbally on Sunday, the 19th instant, to disregard the orders of the Hon. E. M. Stanton, as Secretary of War, until I knew, from the President himself, that they were his orderB. I. have the honor to be, very respectfully, your obedient servant, U. S. Gbant, General. His Excellency A. Johnson, j ' President of the United States. ' 2. — GENEEAL GBANT TO THE PEESIDENT. HEADQUABTEB3 AEMY OF THE UNITED STATES, Washington, D. C, January -28, 1868. Sib: On the 24th instant, I requested you to give me in writing the instructions which you Had previously given me verbally, not to obey my order from Hon. E. M. Stanton, Secretary of War, unless I knew that it came from yourself. To this written request I received a message that has left doubt in my mind of your inten tions. To prevent any possible misunderstand ing, therefore, I renew the request that you will give me written instructions, and, till they are re ceived, will suspend action on your verbal ones. I am compelled to ask these instructions in writing, in consequence of the many and gross Inisrepiesentations affecting my personal honor, circulated through the press for the last fort night, purporting to come from the President, of conversations wtiieh occurred either with the President privately in his office, or in cabinet meeting. What iB written admits of no misun derstanding. In view ofthe misrepresentations referred to, it will be well to state the facts in the case. Some time after I assumed the duties of Secre tary of War ad interim, the President asked me my views as to the course Mr. Stanton would have to pursue, in case the Senate should not concur in his suspension, to obtain possession of his office. My reply was, in substance, that Mr. Stanton would have to appeal to the courts to reinstate him, illustrating my position by citing the ground I had taken in the case of the Balti more police commissioners. .la. that case I did not doubt the technical right of Governor Swann to remove the old com missioners and to appoint their successors. As the old commissioners refused to give up, how ever, I contended that no resource was left but to appeal to the courts. binding that the President was desirous of keeping Mr. Stanton out of office, whether sus tained in the suspension or not, I seated that I had not looked particularly into the tenure of ftffice bill, but that what I had stated was a general principle, and if I should change my mind in this particular case j would inform him of the fact. Subsequently, on reading the tenure; of office b.U closely, I found that I could not, without violation ofthe law, refuse to vacate the office of Secretary of War the moment Mr. Stanton waB reinstated by the Senate, even though the President should order me to retain it, which he never did. Taking this view of the subject, and learning on Saturday, the 11th instant, that the Senate had taken up the subject of Mr. Stanton's sus pension, after some conversation with Lieutenant General Sherman and some members of my staff, in which I stated that the law left me no dis cretion as to my action, should Mr. Stanton be reinstated, and that I intended to inform the President, I went to the President for the sole purpose of making this decision known, and did so make it known. ' In doing this I fulfilled the promise made in our last preoeding conversation on the subject. The President, however, instead of ^cceptina my view of the requirements of the (enure oi office bill, contended that he had suspended Mr, Stanton under the authority given by the Con stitution, and that the same authority did not preclude him from reporting, as an act of court esy, his reasons for the suspension to the Senate. That, having appointed me under the authority given by the Constitution, and not under any act of Congress, I could not be governed by the act. I stated that the law was binding on me, constitutional or not, until set aside by the proper tribunal. An hour or more was con sumed, each reiterating his views on this subject, until, getting late, the President said he would see me again. I did riot agree to call again on Monday, nor at any other definite time, nor was I sent for by the President until the following Tuesday. From the 11th to the cabinet meeting on the 14th instant, a doubt never entered my mind about the President's fully understanding my position, namely, that if the Senate refused to concur in the suspension of Mr. Stanton, my powers as Secretary of War ad interim would cease, and Mr. Stanton's right to resume at once the functions of his office would under the law be indisputable, and I acted accordingly. With Mr. Stanton I had no communication, direct nor indirect, on the subject of his reinstatement, dur ing his suspension. I knew it had been recommended to the Pres ident to send in the name of Governor Cox, of Ohio, for Secretary of War, and thus save all embarrassment — a proposition that I sincerely hoped he would entertain favorably ; General Sherman seeing the President at my particular request to urge this, on the 13th instant. On Tuesday, (the day Mr. Stanton re-entered the office of the Seoretary of War,) General Com stock, who had carried my official letter an nouncing that, with Mr. Stanton's reinstatement by the Senate, I had ceased to be Secretary of War ad interim, and who saw the President open and read the communication, brought back to me from the President a message that ha wanted to see me that day at the cabinet meet- 284 POLITICAL MANUAL. ing, after I had male known the fact that I was no longer Secretary of War ad interim. At this meeting" after opening it as though I were a member of the cabinet, when reminded of the notification already given him that I was no longer Secretary of War ad interim, the President gav*e a version of the conversations alluded to already. In this statement it was asserted that in both conversations I had agreed to hold on to the office of Secretary of War until displaced by the courts, or resign, so as to place the President where he would have been , had I never accepted the office. , After hearing the President through, I stated our conversa tions substantially as given in this letter. I will add that my conversation before the cabi net embraced other matter not pertinent here, and is therefore left out. I in nowise admitted the correctness of the President's statement of . our conversations, though, to soften the evident contradiction my statement gave, I said (alluding to our first con versation on the subject) the President might have understood me the way he said, namely, that I bad promised to resign if I did not resist the reinstatement. I made no such promise. I have the honor to be, very respectfully, your obedient servant, U. S. Gbant, General. His Excellency A. Johnson, President of the United States. no. 3. — endorsement of the peesident on genebal geant's note of januaey 24, 1868. Januaby 29, 1868. As requested in this communication, General Grant is instructed, in writing, not to obey any order from the War Department, assumed to be issued by the direction of the President, unless such order ia known by the General commanding the armies of the United States to have been authorized by the Executive. Andrew Johnson. , no. 4. — genebal geant to the peesident. Headquarters Army of the United States, Washington, January 30, 1868. Sir: I have the honor to acknowledge the return of my note of the 24th instant, with your endorsement thereon, that I am not to obey any order from the War Department assumed to be issued by the direction of the President, unless such order is known by me to have been author- ized by the Executive ; and in reply thereto to say, that I am informed by the Secretary of War that he has not received from the Executive any order or instructions limiting or impairing hiB authority to issue orders to the army as has heretofore been his practice under the law and the customs of the department. While this au thority to the War Department is not counter manded, it will be satisfactory evidence to me that any orders issued from the War Depart ment, by direction of the President, are author ized by the Executive. I have the honor to be, very respectfully, your obedient servant, U. S. Grant, His Excellency A. Johnson, General. President of the United States. no. 5. — the peesident to genebal geant.: Executive Mansion, January 31, 186b. Geneeal: I have received your communica tion of the 28th instant, renewing your request of the 24th, that I should repeat in a written form my verbal instructions of the 19th instant, viz: That you obey no order from the honora ble Edwin M. Stanton, as Secretary of War, unless you have information that it was issued by the President's directions. In submitting this request, (with which-I com plied on the 29th instant,) you take occasion to allude to recent publications in reference to the circumstances connected with the vacation, by yourself, of the office' of Secretary of War ad interim, and, with the view of correcting state ments, which you term " gross misrepresenta tions," give at length your own recollection of the facts under which, without the sanction of the President, from whom you had received and accepted the appointment, you yielded the De partment of War to the present incumbent. - As stated in your communication, some time after you had assumed the duties of Secretary of War ad interim, we interchanged views re specting the course that should be pursued in the event of non-concurrence by the Senate in the suspension from office of Mr. Stanton I sought that interview, calling myself at the War Department. My sole object, in then bringing the subject to your attention was to ascertain definitely what would be your own action should such an attempt be made for his restoration to the War Department. That object was accom-* plished, for the interview terminated with the distinct understanding that- if, upon reflection. you should prefer not to become a party to the controversy, or should conclude that it would be your duty to surrender the department to Mr. Stanton, upon action in his favor by tbe Senate, you were to return the office to me prior to a decision by the Senate, in order that, if 1 desired to do so, I might designate some one to succeed you. It must have been apparent to yon that, had not this understanding been reached, it was my purpose to relieve you from the further discharge of the duties of Secretary of War ad interim, and to appoint some other person in that capacity. Otaer conversations upon this subject ensued, all of them having, on my part, the same ob ject, and leading to the same conclusion, as the first. It is not necessary, however, to refer-to any of them, excepting that of Saturday, the 11th. instant, mentioned in your communication. As it was then known that the Senate had pro ceeded to consider the case of Mr. Stanton, I was anxious to learn your determination. After a protracted interview, during which the pro visions., of the tenure of. .office.. bill were freely discussed, you said, that, as had been agreed upon in our first conference, you would either return the office to my possession in time to enable me to appoint a successor ' before final action by the Senate upon Mr. Stanton's sus pension, or would remain as its head, awaiting a decision of the question by judicial proceed ings. It was then understood that thero would be a further conference on Monday, by which CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 283 time I supposed you would be prepared to in form me of your final decision. You failed, however, to fulfill the engagement, and on Tues day notified me, in writing, of the receipt by you of official notification of the action of the Sunate in the case of Mr. Stanton, and at the same time informed me that according to the act regulating the tenure of certain civil offices your functions a8 Secretary of War ad interim ceased from the moment of the receipt of the notice. You thus, in disregard of the under standing between us, vacated the office without having given me notice of. your intention to do so. It is but just, however, to say that in your communication you claim that you did inform me of your purpose, and thus " fulfilled the promise made in our last preceding conversa tion on this subject." The fact that such a promise existed is evidence of an arrangement of the kind I have mentioned. You had found in our first conference " that the President was desirous of keeping Mr. Stanton out of office, whether sustained in the suspension or not." You knew what reasons had induced the Presi dent to ask from you a promise ; you also knew that in case your views of duty did not accord with his own convictions, it was his purpose to fill your place by another appointment. Even ignoring the existence of a positive understand ing between us, these conclusions were plainly deducible from our various conversations. It is certain, however, that even under these circum stances, you did not offer to return the place to my possession, but, according to your own state ment, placed yourself in a position where, could I have anticipated your action, I would have been compelled to ask of you, as I was com pelled to ask of your predecessor in the War Department, a, letter of resignation, or else to resort to the more disagreeable expedient of su perseding you by a successor. ,As stated in your letter, the nomination of Governor Cox, of Ohio, for the office of Secre tary of War was suggested to me. His appoint ment, as Mr. Stanton's' successor, was urged in your name, and it was said that his selection would save further embarrassment. I did not think that in the selection of a cabinet officer I should be trammelled by such considerations. I was prepared to take the responsibility of de ciding the question in accordance with my ideas of constitutional dutv, and, having determined upon a course winch 1 deemed right and proper, was anxious to learn the steps you would take should the possession of the War Department be demanded by Mr. Stanton. Had your action been in conformity to the understanding be tween us, I do not believe that the embarrass ment would have attained its present propor tions, or that the probability of its repetition would have been so great. . I know that, with a view to an early termina tion of a state of affairs so detrimental to the public interests, you voluntarily offered, both on Wednesday, tbe loth instant, and on the suc ceeding Sunday, to .call upon Mr. Stanton, and urge upon him that the good of the service required his resignation. I confess that I con sidered your proposal as a sort of reparation for the failure, on your part, to act in accordance with an understanding more than once repeated, which I thought had received your full assent, and under which you could have returned to me the office which I'had conferred upon you, thus saving yourself from embarrassment, and leav ing the responsibility where it properly be longed—with the President, who is accountable for the faithful execution of the lawB. I have not yet been informed by you whether, as twice proposed by yourself, you have called upon Mr. Stanton, and made an effort to induce him voluntarily to retire from the War Depart ment. You conclude your communication with a reference to our conversation at the meeting of the cabinet held on Tuesday, the 14th instant. In your account of what then occurred, you say that after the President had given his version of our previous conversations, you stated them substantially as given in your letter ; that you in nowise admitted the correctness of his state ment of them, "though, to soften the evident contradiction my statement gave, I said (allud ing to our first conversation on the subject) the President might have understood me in the way he said, namely: that I had promised to resign if I did not resist the reinstatement. I made no such promise." My recollection of what then transpired is diametrically the reverse of your narration. In the presence of the cabinet I asked you: First. If, in a conversation which took place shortly after your appointment aB Secretary of War ad interim, you did not agree either to re main at the head of the War Department and abide any judicial proceedings that might follow non-concurrence by the Senate in Mr. Stanton's suspension ; or, should you wish not to become involved in such a controversy, to put me in the same position with respect to the office as I occupied previous to your appointment, by re turning it to me in time to anticipate such action by the Senate. This you admitted. Second. I then asked you if, at our conference on the preceding Saturday, I bad not, to avoid misunderstanding, requested you to state what you intended to do, and further, if, in reply to that inquiry, you had not referred to our former conversations, saying that from them I under stood your position, and that your action wouM be consistent with the understanding which h?.d been reached. To these questions you also im plied in tbe affirmative. Third. I next asked if, at the conclusion *f our interview on Saturday it was not understood that we were to have another conference on Monday, before final action by the Senate in the case of Mr. Stanton. You replied that that such was the understanding, but that you did not suppose the Senate would act so soon ; that on Monday you had been engaged in a conference with General Sherman, and were occupied with " many little matters," and asked if General Sherman had not called on that day. What relevancy General Sherman's visit to me on Monday had with the purpose for which you were then to have called, I am at a loss to per ceive, as he certainly did not inform me whether you had determined to retain possession of the office^ or to afford me an opportunity to appoint 286 POLITICAL MANUAL. a successor in advance of any attempted rein- Statement of Mr. Stanton. ThiB account of what passed between us at the cabinet meeting on the 14th instant widely differs from that contained in your communica tion, for it shows that instead of having "stated our conversations as given in the letter," which has made this reply necessary, you admitted that my recital of thern was entirely accurate. Sincerely anxious, however, to be correct in my statements, -1 have to-day read this narration of what occurred on the 14th instant to the mem bers of the cabinet who were then present. They, without exception, agree in its accuracy. It is only necessary to add that on Wednesday morning, tbe 15th instant, you called on me, in company with Lieutenant General Sherman. After some preliminary conversation, you re marked that an article in the National Intelli gencer of that date did you much injustice. I replied that I. had not read the Intelligencer of that morning. You then first told me that it was your intention to urge Mr. Stanton to resign his office. After you bad withdrawn, I carefully read the article of which you had spoken, and found that its statements of the understanding between us were substantially correct. . On the 17th, I caused it to be read to four of the five members of the cabinet who were present at our confer ence on the 14th, and they concurred in the general accuracy of its statements respecting our conversation upon that occasion. In reply to your communication, I have deemed it proper, in order to prevent further misunderstanding, to make this simple recital of, facts. Very respectfuli-y, yours General U. S. Geant, Andrew Johnson. Commanding U. S Armies. No. 6: — geneeal geant to the peesident. Headq'es Aemy of the United States, Washington, February 3, 1868. Sib: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, in answer to mine of the 28th ultimo. After a careful reading and comparison of it with the article in the National Intelligencer of the 15th ultimo, and the article over the initials J. B. S., in the New York World of the 27th ultimo, purporting to be based upon your statement and that of the members of your cabinet therein named, I find it to be but a reiteration, only somewhat more in detail, of the "many and gross misrepresentations" contained in these articles, and which my statement of the facts set forth in my letter of 28th ultimo was intended to correct; and I here reassert the correctness of my statements in that letter, anything in yours in reply to it to the contrary notwithstanding. I confess my surprise that the cabinet officers referred to should so greatly misapprehend the facts in the matter of admissions alleged to have been made by me at the cabinet meeting of the 14th ultimo as to suffer their names to be made the basis of the charges in the newspaper article referred to, or agree in the accuracy, as you affirm they do, of your account of what occurred at that meeting. You know that we parted on Saturday, the 11th ultimo, without any promise on my part, either express or implied, to the effect that J would hold on to the office of Secretary of Wai ad interim against the action of the Senate, or, declining to do so myself, would surrender it to you before such action was had, or that I would see you again at any fixed time on the subject. The performance of the promises alleged by you to have- been made by me would have in volved a resistance to law, and an inconsistency with the whole history of my connection with the suspension of Mr. Stanton. From our conversations, and my written prr> test of August 1, 1867, against the removal of Mr. Stanton, you must have known that my greatest objection to his removal or suspension was the fear that some one would be appointed in hi? stead who would, by opposition to tbe laws re lating to the restoration of the southern States to their proper relations to the government, em barrass the army in the performance of duties especially imposed upon it by these laws ; and it was to prevent such an appointment that I, accepted the office of Secretary of War ac? in terim, and not for the purpose of enabling you to get rid of Mr. Stanton by my withholding it from him in opposition to law, or not doing so myself, surrendering it to one who would, a? the statement and assumptions in your commu nication plainly indicate was sought. And it was to avoid the Bame danger, as well as to re lieve you from this personal embarrassment in which Mr. Stanton's reinstatement would place you, that I urged the appointment of Governor Cox, believing that it would be agreeable to you and also to Mr. Stanton — satisfied as I was that it was the good of the country, and not the office, the latter desired. On the 15th ultimo, in presence of General Sher man, I stated to you that I thought Mr. Stanton would resign, but did not say that I would ad vise him to do so. On the 18th I did agree with General Sherman to go and advise him to that course, ujd on the 19th I had an interview alone with Mr. Stanton, which led me to the conclusion that any advice to him of the kind would be use less, and I so informed General Sherman. Before I consented to advise Mr. Stanton to resign, I understood from him, in a conversation on the subject immediately after his reinstate ment, that it was his opinion that the act of Congress, entitled " An act temporarily to sup ply vacancies in the executive departments in certain cases," approved February 20, 1863, was repealed by subsequent legislation, which ma terially influenced my action. Previous to this time I had had no doubt that the law of 1863 was still in force, and notwithstanding my action, a fuller examination of the law leaves a question in my mind whether it is or is not re pealed. This being the case, I could not now advise his resignation, lest the same danger I apprehended on his first removal might follow. The course you would have it understood^-! agreed to pursue was in violation of law, and without orders from you ; while the course I did pursue, and which I never doubted you fully understood, was in accordance with law, and not in disobedience of any orders of my superior. CORRESPONDENCE BETWEEN GRANT AND JOHNSON 287 And now, Mr. President, when my honor as a- soldier and integrity as a man have been so violently assailed, pardon me for Baying that I can but regard this whole matter, from the be ginning to the end, as an attempt to involve me in the resistance of law, for which you hesitated to assume the responsibility in orders, and thus to destroy my character before the country. I sm iu a measure confirmed in this conclusion by your recent orders directing me to disobey orders from the Secretary of War — my superior and your subordinate — without having counter manded his authority to issue the orders I am to disobey. With the assurance, Mr. President, that no thing less than a vindication of my personal honor and character could have induced this correspondence on my part, I have the honor to be, very respectfully, your'obedient servant, U. S. Geant, General. His Excellency A. Johnson, President of the United States. No. 7.- -the teesident to general geant. Executive Mansion, February 10, 1868. Geneeal : The extraordinary character of your letter of the 3d instant would seem to pre clude any reply on my part ; but the manner in which publicity has been given to the corres pondence of which that letter forms a part, and the grave questions which are involved, induce me to take this mode of giving, as a proper se quel to the communications wbieh have passed between us, the statements of the five members of the cabinet who were present on the occasion of our conversation on the 14th ultimo. Copies of the letters, which they have addressed to me upon the subject, are accordingly herewith en closed. and I leave the proof without a word of com ment. I deem it proper, before concluding this com munication, to notice some of the statements contained in your letter. , You say that a performance of the promises alleged to have been made by you to the Presi dent " would have involved a resistance to law, and an inconsistency with the whole history of my connection with the suspension of Mr. Stan ton." You then state that you had fears the President would, on the removal of Mr. Stanton, appoint some one in his place who would em barrass the army in carrying out the reconstruc tion acts, and add : " It was to prevent such an appointment that I accepted the office of Secretary of War ad interim, and not for the purpose Of enabling you to get rid of Mr. Stanton, by my withholding it from him in opposition to law, or not doing so myself, surrendering-it to one who would, as the state ments and assumptions in your communication plainly in dicate was sought." First of all, you here admit that from the very beginning ofwhatyou term " the whole history of your connection with Mr. Stanton's suspen sion, you intended to circumvent the President. It was to carry out that intent that you accepted the appointment. This was in your mind at the time of your acceptance. It was not, then, in obedience to the order of your superior, as has heretofore been supposed, that you assumed the duties of the office. You knew it was the Pre sident's purpose to prevent Mr. Stanton from re suming the office of Secretary of War, and you intended to defeat that purpose. You accepted the office, not in the interest, of the President, but of Mr. Stanton. If this purpose, so enter tained by you, had been confined to yourself — if, when accepting the office, you had done so with a mental reservation to frustrate the Presi dent — it would have been a tacit deception. In fthe ethics of some persons such a course is allow- aklA Hn4- trnn nattnnl ofon/1 atra-rt nnftn f hnt articles, and reassert the correctness of the-st'ate men ts contained in your communication of the 28th ultimo, adding — and here I give your own wordB — "anything in yours in reply to it to the contrary notwithstanding." When a controversy upon matters of fact reachea the point to which this has been brought, further assertion or denial between the immedi- ate.parties should ceaBe, especially where, upon either side, itloses the character of the respectful discussion which is required by the relations in which the parties stand to each other, and de generates in tone and temper. In such a case, if there is nothing to rely upon but the opposing statements, conclusions must be drawn from those statements alone, and from whatever in trinsic probabilities they afford in favor of or against either of the parties. I should not (brink from this test in this controversy, but, fortunately, it is not left to this test alone. There were five cabinet officers present at the conver sation, the detail of which, in my letter of the 28th ultimo, you allow yourself to say, contains "many ahd gross misrepresentations." These gentlennn heard that conversation and have toad mj statement. They speak for themselves, v i e in ,,, „ ,.. liable. But you cannot stand even upon that You speak of my totter of the 31st ultimo, as £naetioilabl/ ground. The .. history" of your reiteration of the "many and gross misrepre-j ^„,.- „¦?, ,, ¦ .„„„,.;„„ „/¦«.' v„ Sross'mlsrePre"4connection with this transaction, as written by sentationB contained in certain newspaper^yourselfi p]acea you in a differenfc predioamen( and shows that you not ooly concealed your de sign from the President, but induced him to suppose that you would carry out his purpose to keep Mr. Stanton out of office, by retaining it yourself after an attempted restoration by the Senate, so as to require Mr. Stanton to establish his right by judicial decision. I now give that part of this " history," as written by yourself in your letter of the 28th ult.: "Sometime after I assumed the duties of Secretary of War ad interim, the Presiden t asked me my views as to the course Mr. Stanton would have to pursue.in case the Senate should not concur in his suspension, to obtain possession of his office. My reply wus, in substance, that Mr. Stanton would hare to appeal to the courts to reinstate him, illus trating my position by citing the ground I bad taken in tlie case of the Baltimore police commissioners." Now, at that time, as you admit in your letter of the 3d instant, you held the office for the very object of defeating an appeal to the courts. In that letter you say that in accepting the office one motive was to prevent the President from appointing some other person who would retain possession, and thus make judicial pro ceedings necessary. You knew the President was unwilling to trust the office with any one who would not, by holding it, compel Mr. Stau- 288 POLITICAL MANUAL. ton to resort to the courts. You perfectly un derstood that in this interview " sometime" after you accepted the office, the President, not content with your silence, desired an expression of your views, and you answered him, that Mr. Stanton "would have to appeal to the courts " If the President had reposed confidence before be knew your views, and that confidence had been vio lated, it might have been said he made a mis take; but a violation of confidence reposed' after that conversation was no mistake of his, nor of yours. It is the fact only that needs be stated, that at the date of this conversation you did not intend to hold the office with the purpose of forcing Mr. Stanton into court, but did hold it then, and had accepted it, to prevent that course from being carried out. ' In other words, you said to the President, " that is the proper course ;" and you said to yourself, " I have accepted this office, and now hold it, to defeat that course." The excuse you make in a subsequent paragraph of that letter of the 26th ultimo, that afterwards you changed your views as to what would be a proper course, has nothing to do with, the point now under consideration. The point is, that before you changed'your views you had secretly determined to do the very 'thing which at last you did — surrender the office to Mr. Stanton. You may have changed your views as to tbe law, but you certainly did not change your views as to the course you had marked out for your self from the beg'nning. I will only notice one more statement in your letter of the 3d instant — that the performance of the promises which it is alleged were made by you would have involved you in the resistance of law. I know of no statute that would have been violated bad you — carrying out your prom ises in good faith — tendered your resignation when you concluded not to be made a party in any legal proceedings You add : " I am in a measure confirmed in this conclusion by your recent ordp.rs directing me to disobey ordersfrom the Secre tary of War, my superior and your subordinate, without having countermanded his authority to issue the orders I am to disobey." On the 24th ultimo- you addressed a note to the President, requesting, in writing, an order, given to you verbally five days before, to disre gard orders from Mr. Stanton as Secretary of War, until you "knew from tbe President him self that .they were his orders." On the 29Lh,in compliance with your request, I did give you instructions in writing " not to obey any order from tbe War Department as sumed to be issued by the direction of the Presi dent, unless such order is known by the General commanding the armies of tbe United StateB to have been authorized by the Executive." There are some orders which a Secretary of War may issue without tbe authority of the President ; there are others which he issues sim ply as the agent of the President, and which purport to be " by direction" of the President. For such orders the President is responsible, and he should, therefore, know and understand what they are before giving such "direction." Mr. Stanton states in his letter of the 4th instant, which accompanies the published cprrespond- ence. that he " has had no correspondence with the President since the 12t.h of August last;" and he further says, that since he • resumed -the duties of the office'he has continued to discharge them "without any personal or written commu nication with the President;" and he adds,: "No orders have been issued from this DepEti'f7 ment in the name of the President with' hl)y knowledge, and I have received no orders from him." It thus seems that Mr. Stanton now discharges the duties of the War Department witnout any reference to the President, and without using his name. My order to you had only reference to orders " assumed to be issned by the direction of the President." It would appear from Mr. Stanton's letter -that you have received no such orders from him. However, in your note tp the President of the 30th ultimo, in which you ac knowledge the receipt of the written order of the 29th, you say that you have been informed by Mr. Stanton that he has not received any order limiting his authority to issue orders 'to' the army, according to the practice of the Depart ment, and state that " while this authority to the War Department is not countermanded, it will be satisfactory evidence to me that any orders issued from the War Department by direction of the President are authorized by tbe Executive." The President issues an order to you to qbey no order from the War Department.^rarporting to be made " by the direction of the President, until you have referred it to him for his ap proval. You reply that yon have received the President's order, and will not obey it, but will obey an order purporting to be given by his dir rection, if it comes from the War Department. You will not obey the direct order of the Presi dent, but will obey his indirect order. If.-as you say, there has been a practice in the War Department to issue orders in the name of, thq President without his direction, does not the pre cise order you have requested, and have re ceived, change the practice as to the General of the army? Could not the President counter mand any such order issued to you from the Wm Department? If you should receive an order from that Department, issued in the name of the President,1 to do a special act, and an order di rectly from the President himself not to do the act, is there a doubt which you are to obey? You answer the question when you say to the President, in your letter of the 3d instant,;tlie Secretary of War is " my superior and your subordinate;" and yet you refuse obedience to the superior out of deference to the subordinate. Without further comment upon the insubor dinate attitude which you have assumed, I am at a loss to know how you can relieve yofeelf from obedience to the orders of the President, who is made by the Constitution the Commander- in-Chief of the army and navy, and is, there/- fore', the official superior, as well' of the Gen eral of the army as of the Secretary of WarT, Respectfully, yours, Andeew Johnson. General U. S. Geant, Commanding Armies o/Vie United States, Washington, D. C. Copy of a letter addressed to each of the. mem bers of the cabinet present at the conversation between the President and General Gran,t on ths :4th of January, 1868: CORRESPONDENCE BETWEEN GRANT AND JOHNSON. Executive Mansion, Washington, D. C, February 5, 1868. ! SlB: The Chronicle of this morning contains a correspondence between the President and Gen eral Grant, reported from the War Department, in answer to a resolution of the House of Rep resentatives. I beg to call your attention to that correspondence, and especially to that part of it which refers to the conversation between the President and General Grant at the cabinet meeting on the 14th of January, and to request you to state what was said in that conversation. Very respectfully, yours, Andeew Johnson. letteb of the seceetaey of the navy. Washington, D. C, February 5, 1868. . SlE: Your note of this datevtfas handed to me this evening. My recollection of the conversa tion at the cabinet meeting on Tuesday, the 14th of January, corresponds with your statement of it in the letter of the 31st ultimo, in the pub lished correspondence. The three points speci fied in that letter, giving your recollection of the conversation, are correctly stated. Very respectfully, Gideon Welles. To the Peesident. letteb of the seceetaey of the tbeasuby. Tbeasuey Depabtment, February 6, 1868. . Snt: I have received your note of the 5th inst., calling my attention to the correspondence between yourself and General Grant, as pub lished in the Chronicle of yesterday, especially to that part of it which relates to what occurred at the cabinet meeting on Tuesday, the 14th ultimo, and requesting me to state what was said in the conversation referred to. I cannot undertake to state the precise lan guage used; but I have no hesitation in saying that your account of that conversation, as given in your letter to General Grant under date of the 31st ultimo, substantially and in all import ant particulars, accorded with my recollection of it With great respect, your obedient servant, Hugh McCullooh. Tho Peesident. letteb of the postmasteb genebal. Post Office Depabtment, Washington, February 6, 1868. Sib: I am in receipt of your letter of the 5th February , calling my attention to the correspond ence published in the Chronicle, between the President and General Grant, and especially to that part of it which refers to the conversation between the President and General Grant at the cabinet meeting on Tuesday, the 14th of Janu ary, with a request that I " state what was said in that conversation." In reply, I have the honor to state that I have lend carefully the correspondence in question, «nd particularly the letter of the President to General Grant, dated January 31, 1868. The following extract from your letter of the 31st of January to General Grant, is, according to my 19 recollection, a correct statement of the conver sation that, took place between the President and General Grant at the cabinet meeting on the 14th of January last. In the presence of the cabinet, the President asked General Grant whether, '-in a conversation which took place after his appointment as Secretary of War ad interim, he did not agree either to remain at the head of the War Department and abide any ju dicial proceedings that might follow the non- concurrence by tbe Senate in Mr. Stanton's sus pension; or, should he wish not to become in volved in such a controversy, to put the Presi dent in the same position with respect fo the office as he occupied previous to General Grant's appointment, by returning it to tlie President in, time to anticipate such action by the Senate. This General Grant admitted The President then asked General Grant if, at the conference on the preceding Saturday, he had not, to avoid misunderstanding, requested General Grant to state what he intended to do ; and, further, if in reply to that inquiry he, Gen eral Grant, had not referred to their former conversations, saying that from them the Presi dent understood his position, and that his (Gen eral Grant's) action would be consistent with the understanding which bad been reached. To these questions General Grant replied in the affirmative. The President asked General Grant, if, at the conclusion of their interview on Saturday, it was not understood that they were to have another conference on Monday, before final action by the Senate in the case of Mr. Stanton. General Grant replied that such was the un derstanding, but that he did not suppose tbe Senate would act so soon ; that on Monday, he had been engaged in a conference with General Sherman, and was occupied with " many Httle matter'," and asked if " General Sherman had. not called on that day." I take this mode of complying with the re quest contained in the President's letter to me, because my attention had been called to the subject before, when the conversation between the President and General Grant was under con sideration. Very respectfully, your obedient servant, Alex. W. Randall, Postmaster General, r To the Peesident. letteb of the seceetaey of the intebiob. Depabtment of the Inteeioe, Washington, D. C, February 6, 1868. SlB : I am in receipt of yours of yesterday, calling my attention to. a correspondence be tween yourself and General Grant, published in the Chronicle newspaper, and especially to that part of said correspondence "which refers to the conversation between the President and General Grant at tbe cabinet meeting on Tuefday, the 14th of January," and requesting rae " to state what was said in that conversation " In reply, X submit the following statement : At the cabinet meeting on Tuesday, the 14th of January, 1868, General Grant appeared! and took his accustomed Beat at the Board. When he had been reached in the order of husiaess, tbtt 290 POLITICAL MANUAL. President asked him, a3 usual, if he had any thing to present. In reply, the General, after referring to a note which ne had that morning addressed to the President, enclosing a, copy of the resolution of ithe Senate refusing td concur in the reasons for the suspension of ,Mr. Stanton, proceeded to Bay that he regarded his duties 'as Secretary of War ad interim' terminated by that resolution, and that he could not lawfully exercise such duties for a moment after the adoption of the resolution by the Senate ; that the resolution reached him last night, and that this morning he had gone to the War Department, entered the Secretary's room, bolted one door on the inside, locked the other on tbe outside, de livered the key to the Adjutant General, and proceeded to the headquarters of the army, and addressed the note above mentioned to the' Pres ident, informing him that he (General Grant) Was no longer Secretary' of War ad interim. 'The President expressed great surprise 'at the Course which General Grant had thought proper to pursue, and, addressing himself to the General, jVroceed'ed to'Say,' in substance, that he'had'an- ticipated such action on the part «f the Senate, and being Very desirous to have the ' Constitu tionality of the 'ten'ure-of-office bill tested, and his right tosuspend or remove a member of the ' cabinet decided by the judicial tribunals of the country.'he'had some time ago, and shortly after General Grant's appointment as Secretary of 'War ad interim, asked the General What "his action'wou'ld be in the event that the Senate should refuse to' concur in the suspension 6f Mr. Stanton, arid that the General had then agreed either to remain at the head of'the War Depart ment till a decision could' be obtained from the court, or' resign the offiCe'into the hands ofthe 'President before the ease was acted upon by the Senate, so as to place the President™ the same situation he occupied at the time of his (Grant's) appointment. The President further said that the conversa tion was renewed on the preceding Saturday, at iWhieh time he asked the' General what 'he in tended to do if the Seriate should undertake to reinstate Mr. Stanton; in reply to which 'the General referred to their former conversation upon 'the same subject,' and said, you understand jny position, and my conduct will be conformable to that understanding; that he '(the 'General) then .expressed a repugnance to being made a -party 'to a judicial proceeding^ -saying,' that he' would .expose himself to fine and imprisonment by doing -so, as his continuing to discharge the .duties-of 'Secretary of War ad interim, after- the Senate should have refused to concur in the sus pension of Mr. Stanton, would be .a violation of tbe tenure-of-office bill ; that in reply to this he ((the. -President) informed General Grant he had not suspended Mr. Stanton under the tenure-of- office .bill, but by virtue of the powers conferred oil him by. the Constitution; and that as to the fine and imprisonment,: he (the President) would .pay -whatever fine Was imposed, and submit to whatever Imprisonment might be adjudged against him, (the; General;) that. they continued ¦the conversation for some' time, discussing the llaw.at length.; ,»nd. that theyi finally separated, without having readhed a definite conclusion, and with the undersfanding'that'the General would see the President again on Monday. In reply, General Grant admitted that 'the conversations had occurred, and said 'that at the first conversation he hsid 'given it as his oplifio'n to the President, that in the event of rion-oo'n- currence by 'the Senate in the 'action of the President in respect to 'the Secretary of War, the question would' have to be decided by tbe court ; that Mr. Stanton would have' to 'appeal to'^rie court to reinstate him in office ; that the "jib would remain in till they -could' be' displaced, and the outs put fa by legal proceedings; and that he then thought so, arid'bad agreed that if he should Change his mind, he -would 'notify the President- in'time to enable, bim to make another •appointment ; -but that at the time of'the -first conversation 'he 'had not looked 'very closely into thelaw — that it had recently been discussed-by the newspapers, and that this -had induced him to examine' it more carefully, -and that heihad come-totheiconclusion that, if the Senate should refuBe-to corieur in the suspension, Mr.Stain'ton would thereby.be reinstated, and that hefGiaat) could not continue thereafterto act as Sfecretary of War ad interim ^without subjecting himself to fine and imprisonment, and that he came. fiver on Saturday to inform -the President of this change-in-hia rviews.and didso inform him ; |hat the President replied that-be had not suspended Mr. Stanton under the' tenure of-office bill, but under the Constitution, and had.a.pppipted him (Grant) by virtue of the authority' derived fr.oro the Constitution, &c.,; that they continued'tb discuss the matter some time, and, finally, he left without any conclusion shaving been reached., expecting to see the President again on Monday. He then proceeded to explain why he, had not called on the President on Monday, saying ;th£t he had had a long ioterview'with General'SheT- man.that various little matters had pccupiecfhis time till it was. late, and that he did not think the Senate w.ould act so soon, and ask^d: 'rT5<3 not GenerafSherm.'an call on. you On Monday?" I do npt.k.now wh.atrp"a'ssed between tjje'Pr'esi. dent and General Gran ton Saturday, except as I loarned.it from the conversation betw.een;them at the cabinet meeting on Tuesday," arid the fore going is substantially what then occurred. The precise words used on the occasion' are not, -of course, given exactly in the order in which they were spdken," but the ideas expressed arid the facts' Btated '.are 'faithfully preserved and pre sented. I have the1 honor to be, sir, with great reject, your obedient servant, 0." H. BrownijkJ.' The President. lettee of the seceetaey of state. Depaetmmt of State, Washington. February 6, 1868. ¦ Sie : The meeting to which you refer in your letter was a regular cabinet meeting. While tfee members- were assembling,' and before the' Presi dent had entered the council chamber, General Grant, on coming in, isaid to me that he warin attendance there not as a member of the cabinet, but upon invitation, and I replied by theinqtriry whether there was a change in the War Depart- CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 291 ment. After the President had taken hjs.seat ''business went on in the usual way of hearing Batters submitted by the several secretaries. '.When the time came for the Secretary of War, Sgneral Grant said that he was now there, not as ecretary of War, but upon the President's invi tation; fh,at he had retired from the War De partment. Asiightdiflerencethen appearedabput SB, supposed invitation, G,ePeral Grant saying at. the officer who bad borne his letter to the president that, morning,, announcing his retire ment from the War Department, had told him that the President desired to see him at the cab inet; to .which the President answered, that when General Grant's communication was de livered, to him, the President simply replied that he supposed General Grant would be very soon at the cabinet. meeting. I. regarded, the conver sation thus begun as an incidental one. It went on quite informally, and consisted of a statement on your part of your views in regard to the un derstanding of the tenure upon which General Grant had assented to hold the War Department ad interim, and of his replies by way of answer and explanation. It was respectful and courteous on both Bides. Being in this conversational .form, it.B details could only ha.ve been preserved by verbatim report. So far as I know, nijsuch 'leport was made at the time. I can qnly give ' the general effect of the conversation. Certainly you stated that although you had reported the reasons for,Mr. Stanton's ¦suspension to the Sen ate, you nevertheless held that he would not be entitled to resume the office of Secretary of War, everi if the Senate should disapprove of his sus pension, and that you had proposed to have the question tested by judicial process, to be applied to the person who should be the incumbent of the Department, under your designation 'of Sec retary of War ad interim, in the place of Mr. Stanton. You contended that this was well un- 'derBtood between yourself and General Grant ; that when he entered the War Department as 'Secretary ad interim, he expressed his concur rence in the belief that the question of Mr. Stan ton's restoration .would be a question for the courts ; that in a subsequent conversation with. General Grant you had adverted to, the underi standing thus had, and that General Grant ex pressed his concurrence in it ; that at some con versation which had been previously held General 'Grant said he still adhered to the same construe^ tion of the law, but said if he should change his opinion he would give you seasonable notice of it, so that you should, in any ease, be placed in the same position in regard to tbe War Depart ment that you were while General Grant held it ad interim. I did not understand General Grant »s denying, nor as explicitly ..admitting thesei statements in the form and full extent to which you made them. His admission of them was rather indirect and circumstantial, though I did not understand it to be an evasive one. He said ithat reasoningfrom what occurred in the case of the police in Maryland, which he regarded as a parallel one, he was of opinion, and so assured you, that it woulo be his right and duty, under your instructions, to hold the War Office after the Senate should disapprove of Mr. Stanton's suspension, until the question should be decided upon by the courts; that he remained until very recently of that opinion, and that on the Satur day before the cabinet meeting a conversation was held between yourself and him, in which the subject was generally discussed. General Grant's statement was, that in that conversation he had stated to you the legal difficulties which might arise, involving fine and imprisonment under the cjvil-tenure bill, and that he did not care to sub ject himself to those penalties; that you replied to this remark that you regarded the civil-tenure bill as unconstitutional, and did not think its penalties were to be feared, or that you would voluntarily assume them ; and you insisted that General Grant should either retain the office un til relieved by yourself, according to what you claimed was the original understanding between yourself and him, or, by seasonable notice of change of purpose on his part, put you in the same situation in which you would be if he ad hered You claimed that General Grant finally said in that Saturday's conversation that. you understood his views, and his proceedings there after would be consistent with what had been so understood. General Grant did not controvert, nor can I say that he admitted this last statement. Certainly General Grant did not at any time in the cabinet meeting insist that he had, in the Saturday's conversation, either distinctly or finally advised you of his determination to retire from the charge of the War Department other wise than under your own subsequent direction. He acquiesced in your statement that the Satur day's conversation ended with an expectation that there would be a subsequent conference on the subject, which he, as well as yourself, snp- posed could seasonably take place on Monday. You then alluded to the fact that General Grant did not call upon you on Monday, as you had expected from that conversation. General Grant admitted that it was his expectation or purpose to call upon yon on Monday. General Grant assigned reasona for the omission. He said he was in conference'with General Sherman; that there were many little matters to be attended to; he had conversed upon the matter of the in cumbency of the War Department with General Sherman, and he expected that General Sher man would call upon you on Monday. My own mind suggested a further explanation ; but I do not remember whether.it was mentioned or not, namely: that it was not supposed by General Grant on Monday that the Senate would decide the question 80 promptly as to anticipate further explanation between yourself and him, if delayed beyond that day. General Grant made another explanation, that he was engaged on Sunday with General Sherman, and I think also on Monday, in regard to the War DepartmeJ t mat ter, with a hope, though he did not say in an effort, to procure an amicable settlement of the affair of Mr. Stanton, and he still hoped that it would be brought about. I have tho honor to be, with great respect, your obedisnt servant, Williah H. Sewabp. Tu tho Peesident. 292 POLITICAL MANUAL. 8. — genebal geant to the peesident. Headqu'ks A-emy of the United States, Washington, D. C, February 11, 1868. His Excellency A. Johnson, President of the United States. # Sie: I have the honor to acknowledge the re ceipt of your communication of the 10th instant, accompanied by statements of five cabinet min isters, of their recollection of what occured in cabinet meeting on the 14th of January. With out admitting anything in these statements where they diffp-r from anything heretofore stated by me, I propose to notice only that portion of your communication wherein I am charged with in subordination. I think it will be plain to the reader of my letter of the 30th of January, that I did not propose to disobey an}' legal order of the President, distinctly given ; but only gave an interpretation of what would be regarded as satisfactory evidence of the President's sanction to orders communicated by the Secretary of War. I will say here that your letter of the 10th in stant contains the first intimation I have had that you did not accept that interpretation. Now, for reasons for giving that interpreta tion: It was clear to me, before my letter of January 30th was written, that I, the person having more public business to transact with the Secretary of War than any other of the President's subordinates, was the only one who had been instructed to disregard the authority of Mr. Stanton where his authority. was derived .as agent of tbe President. . On the 27th of January I received a letter from the Secretary of War, (copy herewith,) directing me to furnish jscort to public treasure from the Rio Grande to New Orleans, &c, at the request of the Secretary of the Treasury to him. I also send two other enclosures, showing recognition of Mr. Stanton as Secretary of War by both, the Secretary of the Treasury arid the Postmaster General, in all of which cases the Secretary of War had to call upon me to make the orders re quested, or give the information desired, and where his authority to do so is derived, in my view, as agent of the President. With an order so clearly ambiguous as that of the President, here referred to, it was my duty to inform the President of my interpretation of it, and to abide by that interpretation until I received other orders. Disclaiming any intention, now or heretofore, of disobeying any legal order of the President, distinctly communicated, I remain, very respect fully, your obedient servant, U. S. Geant, General. [.etteb of seoeetary stanton. Wae Depabtment, Washington City, January 27, 1868. Geneeal : The Secretary of the Treasury has requested this department to afford A. F. Ran dall, special agent of the Treasury Department, such military aid as may be necessary to Becure and forward for deposit from Brownsville, Texas, to New Orleans, public moneys in pos session of custom-house officers at Brownsville, and which are deemed insecure at that place. You will please give such directions as you may deem proper to the officer commanding at Brownsville to carry into effect the request of the Treasury Department, the instructions to 'bo sent by telegraph to Galveston, to the care of A.P.Randall, special agent, who is at Galveston waiting telegraphic orders, there being no tele graphic communication with Brownsville, and the necessity for military protection to the pub lic moneys being represented as urgent. Please favor me with a copy of such instruc tions as you may give, in order that they may be communicated to the Secretary of the Trea sury. Yours, truly, Edwin M. Stanton, Secretary of War. To General U. S. Geant, Commanding Army United States. letteb of seceetaey jt'culloch. Teeasuey Depabtment, January 29, 1868. Sib : It is represented to this department that a band of robbers has obtained such a foothold in the section of country between Humboldt and Lawrence, Kansas, committing depreda tions upon travellers, both, by public and pri vate conveyance, that the safety of the public money collected by the receiver of the 'land officS at Humboldt requires that it should be guarded during its transit from Humboldt to Lawrence. I have, therefore, the honor to re quest that the proper. commanding officer of the district may be instructed by the War Depart ment, if in the opinion of the Hon. Secretary of War it can be done without prejudice to the public interests, to furnish a sufficient military guard to protect such moneys as may be in transitu from the above office for the purpose of being deposited to the credit of the Treasury of the United States. As far as we are now ad vised, such service will not be necessary oftener than once a month. Will you please advise me of the action taken, that I may instruct the receiver and the Commissioner of the General Land Office in the matter. Very respectfully, your obedient servant, H. McCulloch, Secretary ofthe Treasury. To the Hon. Seceetaby of Wab. Respectfully referred to the General of the army to give the necessary orders in this case, and, to furnish this department a copy for the information of the Secretary of the Treasury. By order of the Secretary of War. Ed. Scheiveb, Inspector General.- LETTEB OF THE SECOND ASSISTANT POSTMASTER GENEBAL. Post Office Depabtment, Conteaot Office,' Washington, "February 3, 186b. Sib: It has been represented to this depart ment that in October last a military commission was appointed to settle npon some general plan of defence for the Texas frontiers, and that the said commission has made a report recommend ing a line of posts from the Rio Grande to the Red river. '¦' An application iB now pending in this depart- LETTERS, PAPERS, TESTIMONY, ETC. 293 ment for a change in the course of the San An tonio and El Paso mail, so as to send it by way of Forts Mason, Griffin, and Stockton, instead of by camps Hudson and Lancaster. This application requires immediate decision, but be fore final action can be had thereon it is desired to have some official information as to the report of the commission above referred to. Accordingly, I have the honor to request that you will cause this department to be furnished, as early as possible, with the information de sired in the premises, and also with a copy of the report, if any has been made by the com mission. Very respectfully, &"c., &c, Geoege W. MoLellan, Second Assistant Postmaster General. The Honorable the Seceetaey of Wae. Referred to the General of the army for report. Edwin M. Stanton, Febeuaey 3, 1868. Secretary of War. XXVI. LETTERS, PAPERS, TESTIMONY, POLITICO-MILITARY ORDERS, AND REPORT OF GENERAL GRANT.* General Grant's Orders respecting Slaves, issued in the Field. Headquabtees Dtst. of West Tennessee, Foet Donelson, February 26, 1862. General Orders, No. 14. I. General Order No 3, series 1861, from headquarters department of the Missouri, is still, in force and must be observed. The neces sity of its strict enforcement is made apparent by the numerous applications from citizens for perinissson to pass through the camps to look for fugitive slaves. In no case whatever will per mission be granted to .citizens for this purpose. II. All slaves 'at Fort Donelson at the time of its. capture, and all slaves within the line of military occupation that have been used by the enemy in building fortifications, or in any man ner hostile to the Government, will be employed by' the quartermaster's department for the bene fit of the Government, and will under no circum stances be permitted to return to their masters. "III. It is made the duty of all officers of this command to see that all slaves above indicated are promptly delivered to the chief quartermaster cf the district. By order of Brig. Gen. U. S. Geant. Jno. A. Rawlins, A. A. G. ¦'¦ Headquaetees Dist. of West Tennessee, Coeinth, Miss., August 11, 1862. Ueneral Orders, No. 7i Recent acts of Congress prohibit the army from* returning fugitives from labor to their claimants, and authorize the employment of such persons in the service of the Government. The following orders are therefore published for the guidance of the army in this military district in tljis matter. ¦I'. All fugitives thus employed must be regis tered, the names of the fugitives and claimants given, and must be borne upon morning reports of the command in which they are kept, showing how they are employed. * For other pnpers of General Grant, see pages 67, 68, 120, 121, 122, 123 of the Manual of 1866, and 73, 74, and 78 ofthe Manual of 18(17 ; or 67, 68, 120, 121, 122, 123, 199, 200, and *H of Hie combined Manuals. II. Fugitive slaves may be employed as labor ers in the quartermaster's, subsistence, and en gineer departments, and wherever by such em ployment a soldier may be saved to the ranks. They may be employed as teamsters, as com pany cooks (not exceeding four to a company,) or as hospital attendants or nurses. Officers may employ them as private servants, in which latter case the fugitive will not be paid or rationed by the Government. Negroesnot thus employed will be deemed unauthorized persons, and must be excluded from the camps. III. Officers and soldiers are prohibited from enticing slaves to leave their masters. When it becomes necessary to employ this kind of labor, commanding officers of posts or troops must send details (always under the charge of a suita ble non-commissioned officer) to press into service the slaves of disloyal persons to the number required. IV. Citizens within the reach of any military station, known to be disloyal and dangerous, may be ordered away or arrested, and their crops and Btocks taken for the benefit of the Government or the use of the army. V. All property taken from rebel owners must be duly reported and used for the benefit of Government, and be issued to troops through the proper departments, and, when practicable, the act of taking should be avowed by the writ ten certificate of the officer taking, to the owner or agent of such property. ¦It is enjoined on all commanding officers to see that this order is strictly executed. The de moralization of troops consequent on being left to execute laws in their own way, without a proper head, must be avoided. By order of Maj. Gen. U. S. Geant. Jno. A- Rawlins, A. A. G Headqtjaetees Depart, of the Tennessee, Milliken's Bend, La., April 22, 1863. General Orders, No. 25. [Extract.] I. Corps, division, and post commanders will afford all facilities for the completion of the negro regiments now organizing in this depart ment. Commissaries will issue supplies and 294 POLITICAL MANUAL. quartermasters will furnish stores on the same requisitions and returns as are required from other troops. It is expected that all commanders will espe- . cially exert themselves in carrying out the policy of the administration, not only in organizing col ored regiments and rendering them efficient, but alsOjin removing prejudice against them. * * By order of Maj. Gen. U S. Geant. Jno. A. Rawlins, A. A. G. Headquabtees Depart, of the Tennessee, Vicksbueg, 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 established for such freed people of color as are out of employment. II. Cornmahders of posts or districts will de tail suitable officers from the army as superin tendents of such camps. It will be the' duty of such superintendents to see that' suitable rations are drawn from the subsistence department for such people as are confided to their care. - III. All such persons supported by the Gov ernment will be employed in every practicable way, so as to avoid, as far as possible, their be coming 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 military jurisdiction qf the United States ; they may be employed on any public works; in gathering- crops from abandoned plantations ; and generally in any manner local commanders may deem for the best interests of the Government,- in compliance With law and the policy of the administration. IV. It will be the duty of the provost mar shal at every military post t0; see" that every negro within the jurisdiction of the military authority is employed by some white person, or is sent to the camps provided for freed people. V. Citizens may make contracts witih 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, cloth ing, and supporting the infirm as well as the able-bodied, and giving a portiori — riot less than one-twentieth— of the commercial part of their Crops in payment for such service. VI. Where the' negroes ai'd employed undei* this authority, the parties employing will register with the -provost marshal their names,' Occupa7 tion, and residence, and the number of negroes' employed. They will enter into such bdridV a's the nrovost marshal, with' the appr6va'l Of the local Commander, may inquire, fot the kind treatment and proper care of those employed, and as security against their being carried be yond the employer's jurisdiction. VII. Nothing in this order is to be- construed to embarrass the employment of such colored persons as may be required by the Government. By order of MajcSr General U. S. Gb;ant, T. S. Bowess, A.A.A.'G. Headquaetees Depaet. of the Tennessee, Vicksbueg, Miss., August 23, 1863. General Orders, No. 63, I. Hereafter, negroes will not be allowed in or about the camp's of white troops, except such. as are properly employed and controlled., II._:They may be employed in the quarter master's-' department, subsistence department, medical department, as hospital nurses arid launr dresses,, in the engineer department as pioneers* As far as practicable, such as have been or niajj be tejected as recruits, for colored regiments: by. tbe examining surgeon will be employed- about hospitals, and in pioneer corps; , , ;.-, . , , , , , ,- III. In regiments and companies they may be" employed as follows : One cook to each fifteen ( men. and one teamster to each wagon. Officers may employ them as servants, but not in greater number than they are entitled to commutation for. IV. Commanders of regiments and detach ments will see that all negroes in or about their respective camps, not employed as provided in this order, are calle'cterl and turned- over to the provost marshal of the division, post, or army corps to which' their regiment or detachment belongs. V. Provost marshals will keep all negroes thutfcomirig into their hands' from straggling and wandering about until they can be put in charge of the superintendent of "the camp for colored people nearest them ; and all negroes unem ployed, in accordance with this or previous orders, not in and about camps of regiments and detachments, will be required to go into the. camps established for 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, except1 when special authority to do so is given. VII. All able bodied negro men who are found, ten days after publication of this order, without a certificate of the officer or person em ploying them, will be regarded as unemployed, and may be pressed into service. .Certificates^ given to negroes must show how, when, and by whom they are employed, and if as officers' ser vants, that the officer employing them has not' a greater number than by law he is entitlebTto commutation for. By order of Major General U. S. Geant. Jno. A\ Rawlins, A. A. G. letter on Slavery and Reconstruction. Vicksbueg, Mississippi, . ,. ,, . August 30, 1863. Hon. B. B.Washbuen^. DeaeSie: * * * Thepebpleoi the North need not quarrel over the institution of slavery. What Vice1 President Stephens' acknowledges the corner-stone of the Confed eracy is already knocked out. Slavery/ is alf eadj£ 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,- guaratf-' teeing to the South all their former constitutional privileges. I never was an albolitionist, not even' what could be called anti-slavery-; but I try fo judge fairly and honestly, and it became patent to my mind early in the rebellion that the North and South could never live at peace with each other except as one nation, and that without slavery. As anxious as I am to see peace estab lished, I would hot, therefore,, be willing to Bee' LETTERS, PAPERS, TESTIMONY, ETC. 295 any settlement until this question is forever uttled. Your sincere friend, U. S. Grant. On being a Candidate for Political Office. Nashville, Tennessee* January ,20, 1864, Hon. 1. N. Moeeis. Dear Sie: Your letter, of the 29tb, of Decem ber I did not receive until, two days,- agq. I- re ceive many snch, but do not, answer-. Yours, however, is written in such a kindly, spirit,, and aB.you ask for an answer, confidentially, I will not withhold it. Allow me to say, howeyer, that I am not a politician, never was, and hope, never tp be, and could not write a- political letter, My only deBire is to serve the country in her present tr.ials. To do this efficiently it is, necessary to have the confidence of- the army and. the. people, I k.now no way to better secure this end than by a, faithful performance of my duties. So long, as I hold my present, position-, I. do not believe that I have the right to criticize the policy or orders of those above me,,or to give utterance to views ofrny own except to the authorities at Washing ton, .through the General-in-Chief of the army. In, this respect, I know 1 have proven myself a "good soldier." In your letter you say that I- have it in my power to be the next. President. ThisiB the last thing in the world, I desire. I would'regard such a, consummation as^being highly unfortunate for myself,; if not for the country. Through Provi dence 1 have attained- to more than I ever hoped, and with the position I now hold, in the regular army, if allowed to retain it, -will be more than satisfied. I certainly shall never shape a senti ment, or the expression of a thought, with a view of being candidate for office. I scarcely kno*w the inducement that could, be held out to, me to accept office, and unhesitatingly say that I in finitely prefer nay present, position to that of any civil office within the gift of the people. This is a private letter to you, riot intended foi' others to see or read, because I want to avoid being heard from by the public except through acts in the performance of my legitimate dutiee. I have the honor to be, very respectfully, your obedient servant, U. S. GeAiJt. On Results of "Peace on any Terms," ,Headq'es Abmies of the United States, City Point, Va., August 16, 1864. Hon. Ei B. Washburne. Dear Sib, : I state to all citizens who visit me ih.at all we want now to insure an early restor ation of the Union, is a determined unity of eentiment North. The rebels have now in their rariks their last man. The little boys and old men are guarding prisons, guarding railroad bridges, and forming, a good, part of their gar risons for en trencher! positions. A man lost bv them cannot be replaced. They feave robbed alike the cradle and the grave to jet their present force. Besides what they lose in frequent skirmishes and battles, they are now losing, from desertions and other causes at least erne regiment per day. With this drain upon them the end is not far distant if we will only ba true to ourselves. Their only hope now is in a divided North. This might give them rein forcements from Tennessee, Kentucky, Mary land, andi Missouri, while it- would weaken us. With the draft quietly enforced,, the enemy would become despondent and would make but little resistance. I have no doubt; but the enemy are exceed ingly, anxious to hold out until after the Presir deptial election. They haye many hopes from its effects. They hope a counter revolution; they hope, the election, of. a peace candidate ; in fact, like- Mjcaw-ber, they, hope for something to turn Tip. Our 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 Soufb would demand' the restoration of their slaves already freed. They would demand indemnity for losses sustained^ and they would demand a treaty which would make the North slave-hunters for the South. They would demand pay or tbe restoration of every slave escaping to the North. Yours, truly, U. S. Grant. On Pilling the Armies. City Point, September 13, 1864, 10.30, a. m. Hon. Edwin M. Stanton, Secretary of War. We ought tp have the whole number of men called' for by the President in tbe shortest possi ble time. Prompt action in filling our armiefc will have more effect upon the enemy than a victory oyer them. They profess to believe, and make their men believe, there is such a party North in favor of recognizing southern independ ence, that the draft cannot be enforced. Let them be undeceived. Deserters come into our lines daily, who tell us that the men are nearly universally tired of tbe war, and that desertions would be much more frequent, but that they be lieve peace will be negotiated after the fall elec tion. The enforcement of the draft and prompt filling up of our armies will save the shedding of blood to an immense degree. U. S. Geant, Lieutenant General. On Protecting Colored Soldiers. Heado/bs Aemies of the United States, October 29, 1864. General R, E. Lee, C. S. A., Commanding Army Northern Virginia. General: Understanding from you .- letter of the 19th that the colored prisoners vi'.o are em ployed at work in the trenches near Fort Gilmer have been withdrawn, I have directed thr- with drawal ofthe Confederate prisoners employed in the Dutch Gap canal. • I shall always regret the necessity of retaliat ing for wron,gs done our soldiers; butregard it my duty to protect all persons received imo trie army of the United States, regardless of color oi nationality. When acknowledged soldiers of the Government are captured they must be treat ed as prisoners of war, or such treatment as they receive will be inflicted upon an equal number of prisoners held by us. I have nothing to do with the discussion of 296 POLITICAL MANUAL. the slavery question : therefore decline answer ing the arguments adduced to show the right to return to former owners such negroes as are cap tured from our army. In answer to the question at the conclusion of your letter, I have to state that all prisoners of war falling into my hands shall receive the kind est treatment possible, consistent with securing them, unless I have good authority for believing any number of our men are being treated other wise. Then, painful a3 it may be to me, I shall inflict like treatment on an equal number of Con federate prisoners. Hoping that it may never become my duty to order retaliation 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. General Grant's Testimony before the Committee on the Conduct of tlie War, on Exchange of Prisoners, February 11, 1865. Q,. It is stated, upon what authority I do not , know, that you are charged entirely with the exchange of prisoners. A. That is correct. And what is more, I have effected an arrangement for the exchange of prisoners, man for man and officer for officer, or his equivalent, according to the old cartel, until one or the other party has exhausted the number they now hold. I get a great many letters daily from friends of prison ers in the South, every one of which I cause to be answered, telling them that this arrangement has been made, and that I suppose exchanges can be made at the rate of about 3,000 a week. The fact is, that I do not believe the South can deliver our prisoners to us as fast as that, on account of want of transportation on their part. But just as fast as they can deliver our prison ers to us, I will receive them, and deliver their prisoners to them. Q. There is no impediment in the way? A. No, sir; I will take the prisoners as fast as they can deliver them. Ar d, I would add, that after I have caused the letters to be answered, I re fer tbe letters to Colonel Mulford, the commis sioner of exchanges, so that he may effect special exchanges in those cases wherever he can do so. The Salisbury prisoners will be coming right on. I myself saw Colonel Hatch, the assistant com missioner of exchanges on the part of the South, and be told me that the Salisbury and Danville prisoners would be coming on at once. He said that he could bring them Dn at the rate of 5,000 or 6,000 a week. But I Jo not believe he can do that. Their roads are now taxed to their utmost capacity- for military purposes, and are becoming less and less efficient every day. Many of the bridges are now down. I merely fixed, as a matter of judgment, that 3,000 a week wili be as fast as they can deliver them. Q. The fact is, that there is no impediment now in the way except the lack of transporta tion ? A. That is all. There is no impediment on our side. I could deliver and receive every one of them in a very short time, if they will deliver those they hold. We have lost some two weeks lately on account of the ice in ttio river. Q. It la° been said that we refused to ex change prisoners because we found ours starved, diseased, and unserviceable when we received them, and did not like tc exchange sound men for such men? A. There never has been any such reason as that. That has been a reason-: for making exchanges. I will confess that if our men who are prisoners in the South were really^'; well taken care of, suffering nothing excerlt a little privation of liberty, then, in a military point of view, it would not be good policy for us to exchange, because every man they get back is forced right into the army at once, white- that is not the case with our prisoners when* we receive them. In fact, the half of our returned prisoners will never go into the army again, arid none of them will until after they have had a furlough of thirty or sixty days. Still, the fact- of their suffering as they do ia a reason for making this exchange as rapidly aspossible. Q. And never has been a reason for not making the exchange ? A. It never has. Ex changes having been suspended by reason: of; disagreement pn tbe part of agents of exchange on both Bides before I came in command of the armies of the United States, and it then being'. near the opening of the spring campaign, I din not deem it advisable or just to th'e men who had to fight our battles to reinforce the enemy with thirty or forty thousand disciplined troops at that time. An immediate resumption of ex changes would have had that effect without giv: ing us corresponding benefits. The suffering said to exist among our prisoners South was a powerful argument against the course pursued, and so I felt it. General Grant and the Proposed Mission to Mexico. general grant to secbetaey stanton. . Headers Aemies of the United States, . Washington, October 27, 1866. Your letter of this date, enclosing one from,-. the President of the United States of the 26th.- instant, asking you to request me " to proceed to some point on our Mexican frontier mostj suitable and convenient for communication with ' our minister; or (if General Grant deems, it best) to accompany him to his destination in Mexico, and to give him tne aid of his advice in carrying out the instructions of the Secretary of . State," is received. Also, copy of instructions.' to Hon. Lewis D. Campbell, minister to Mexico, accompanying your letter, is received. .-, The same request was made of me one week ago to-day, verbally, to which I returned , a written reply, copy of which is herewith enclosed. . On the 23d instant, the same request was re newed in cabinet meeting, where I was invited to be present, when I again declined respectfully as I could the mission tendered me, with reasons. I now again beg most respectfully to decline the proposed mission for the following additional reasons, to wit : Now, whilst the army is being reorganized, . and troops distributed as fast as organized, my duties require me to keep within telegraphic,! communication of all the department command ers, and of this city, from which orders must. emanate. Almost the entire frontier between the United States and Mexico is embraced in the LETTERS, PAPERS, TESTIMONY, ETC. 297 toartments comrhanded by Generals Sheridan (tod Hancock, the command of the latter being embraced in tbe military division under Lieu tenant General Sherman, three officers in whom the --entire country has unbounded confidence. Either of these general officers can be in structed to accompany the American minister to tbe Mexican frontier, or the one can through whose command the minister may propose to pass in reaching his destination. If it is desirable that our minister should com municate with me he can do so through the offi cer who may accompany him, with but very little dela,y beyond what would be experienced if I were to accompany him myself. I might add that I would not dare counsel the minister in' any matter beyond stationing of troops on the United States soil, without the concurrence of the administration. That concurrence could be more speedily had with me here than if I were upon the frontier, The stationing of troops Would be as fully within the control of the accompanying officer as it would of mine. I sincerely hope I may be excused from un dertaking a duty so foreign to my office and tastes as that contemplated. U. S. Grant, General. Hon. E. M. Stanton, Secretary of War. General Grant and the Baltimore Troubles of October, 1866. 1. — geneeal grant to president johnson. Headers Aemies of the United States, Washington, October 24, 1866. His Excellency A. Johnson, President of ihe United States. I have the honor to enclose to you the within report from General Canby, commander of this military department, upon the threatened vio lence in the city of Baltimore previous to the approaching elections. Upon receiving your verbal instructions of .the 20th- instant, to look into the nature of the threatened difficulties in Baltimore, to ascertain what course should be pursued to prevent it, I gave General Canby, whosedepartment embraces the State of Mary land, instructions, also verbal, to proceed to Baltimore in person, to ascertain as nearly as he .could the cause which threatened to lead to riot and bloodshed. The report submitted is given in pursuance of these instructions. Since the rendition of General Canby's report I had a long conversation with him, and also withGovernor Swann, of the State of Maryland. It is the opinion of General Canby and the state ment of Governor Swann, that no danger of riot need be apprehended unless the latter should find it necessary to remove the present police commissioners of Baltimore from office and to appoint their successors. No action in this di rection1 has been taken yet, nor will there be until Friday next, when the trial of the com missioners before the governor is set to take place. I cannot see the possible necessity for calling in the aid of the military in advance of even the cause, (the removal of said commis sioners,) which is-to induce riot. The conviction is forced on my mind that no reason now exists for giving or promising the military aid of the government to support the laws of Maryland. The tendency of giving such aid or promise would be to produce the very re sult intended to be averted. So far there seems to be merely a very bitter contest for political ascendancy in the State. Military interference would be interpreted aa giving aid to one of the factions, no matter how pure the intentions or how guarded and just the instructions. It is a contingency I hope never to see arise in this country, while I occupy th» position of general in-chief of the army, to have to send troops into a State, in full relations with the general government, on the eve of an elec tion, to preserve the peace. If insurrection does come, the law provides the method of calling out forces to suppress it. No such condition seems to exist now. U. S. Geant, General. October 25 — The President asked for the num ber of troops at convenient stations ; to which General Grant replied, on the ^th, giving them. November 1, President directed Secretary Stan ton : " In view of the prevalence in various portions of the country of a revolutionary and turbulent disposition, which might at any mo ment assume insurrectionary proportions and lead to serious disorders, and of the duty of the government to be at all times prepared to act with decision and effect, this force is not deemed adequate for the protection and security of the seat of government. I therefore request that you will at- once take sueh, measures as will in sure its safety, and thus discourage any attempt for its possession by insurgent or other illegal combinations." November 2 — The President gave Secretary Stanton this order : Executive Mansion, Washington, D. C, November 2, 1866. Sie: There is ground to apprehend danger of an insurrection in Baltimore against the consti tuted authorities of the State of Maryland, on or about the day of the election soon to be held in that city, and that in such contingency the aid of the United States might be invoked under the acts of Congress which pertain to that sub ject. While I am averse to any military demon stration that would have a tendency to interfere with the free exercise of the elective franchise in Baltimore, or be construed into any interfer ence in local questions, I feel great solicitude that, should an insurrection take place, the government should be prepared to meet and promptly put it down. I accordingly desire you to call General Grant's attention to the subject, leaving to bis own discretion and judg ment the irieasures of preparation and precau tion that Bhould be adopted. Very respectfully, yours, Andbew Johnson. Hon Edwin M. Stanton, Secretary of War. Same day, General Grant sent this telegram to General Canby : General E. R. S. Canby, Comm'g Depart, of Washington. ¦ Enclosed I send you orders just received from the President of the United States. They fully explain themselves. As commander of the mili tary department including the State of Mary- 298 POLITICAL MANUAL land, you will take immediate steps for carrying them into execution. There are now six or eight companies of infantry ready organized in New York that have been ordered to Baltimore, on their way to their regiments here in Washington and in Virginia. Either visitBaltimore or send a staff officer there to stop these troops at Fort McHenry until further orders. Also hold one of the infantry regiments on duty in this , city in readiness to move at a moment's notice'. By having cars ready to take a regiment all at once, they will be practically as near Baltimore here as if in camp a few miles from that city. These are all the instructions deemed necessary in ad vance of troops being legally called out to sup press insurrection or invasion. Having the greatest confidence, however, in your judgment and discretion, I wish you to go to Baltimore in person and to remain there until tlie threatened difficulties have passed over. Proper discretion will no doubt go- further towards preventing conflict than force". U. S. Grant, General. P. S. — The orders referred to have not as yet been received. When received they will be. for warded to your address,, which, you will, please- com municate. November 3 — A copy of the President's-- in structions was sent to General Canby. November 5 — General Grant reported as fol lows: Head&'es Aemies of the United States, Baltimobe, Md,, November 5, 1866. Secretary Stanton, Washington, D. C. , • This morning collision, tooked. almost inevita ble. Wiser counsels now seem to prevail, and 1 think there is strong hope that no riot will occur. Propositions looking *o the harmonizing of par ties are now pending. U. S. Geant, General. General Grant on Martial Law in Texas. Headquarters Aewies United States, January 29, 1867'. Respectfully forwarded1 to the Secretary of War.* Attention is invited to that pairt, of tbe within communication- which; refers to the con dition of Union men arid freedmen in Texas, arid to the powerlessness of the military in the pres ent state of affairs to afford them protection. Even the moral effect of the presence of trof/ps is passing aWay,' and a few days ago a squad' of soldiers on duty Was fired oii by citizens in Brownsville, Texas ; a report of which is this * This is the report referred to : Headquarters' Department of rata Gui»; New Oki.i.wns, La , January 25, 1867. General: The condition of freedmen anil Union men in -emote parte of Texas is truly horrible The Government rs denounced, tlie freedmen are shot, and Union men are pcrsi-cuted if they have the temerity to express- their opinion. This condition' exists in the northeastern counties of the State to nn alarming extent,.. Appl cations come to me from the most respectable au thorities for troops, but troops have so little power that they are sufficient only in thff moral effect which their presence has. . . * * .* * * * I am, General, Very respectfully, your obedient servant, P. H. Sheridan, Major General United States Army. General U. S. Grant, Commanding Armies of the U. S., Washington, D. C. day: forwarded. In my opinion the. great nunja ber of murders, of Union men and freedmen- iii Texas, not only as a rule unpunished;, but unin vestigated, constitute practically a state of in.^ surrection, and believing it to Be the province and duty of every, good government to afford protection to the lives, liberty, and property. o{ ber citizens, I would reconimend. the declaration^ of martial law in Texas to secure these etnds,. The necessity for governing any portion of our territory by martial law is- to be deplored.' If resorted to, it should be.;lirn;'ed in. its au-, thority, and, should, leave, all, lc-cal authorities; aird civil tribunals free and, unobstructed-, until' they prove their inefficiency or unwillingness tot perform their duties Martial law. would give security, or comparari lively so, to all classes of citizens, without* res gard. to race, color, or political opinions,, anft could be continued until society was capable, of' protecting, itself, or until the-.State is returned, to jits full, relation with the Union. . The application of martial law to one, of thesft States would be a warning to all, and, if neces sary, could be extended. to others, U. S, Gbant, General^ ,_. No action was had by the civil authorities iupon the foregoing recommendation. , ¦¦¦ ¦ General Grant's Testimony before the KftUBOt Committee on the Judiciary, July 18, 1367.' By. Mr. Eldridge : Q At what time were.jen made general of the army By your present title? A. In July, I86S-. Q-. Did you after that time have interviews, with the President in reference to the condition of affairs in the rebel States'? A. I have seen the President very frequently on' the subject,' and have heard him express his views very fre-' quently ; but I cannot c'all to mind any special interview. I have been called to cabinet meet ings a number of times. Q. With reference to those, matters? A. Gen erally, when I was asked to' fee at a cabinet meet-' ing, it was because some' question was up M" which, as General of the army, I would be inter-' e'sted. Q. Bid you have any interviews with him oi the subject of granting amnesty' or pardon to the officers of the Confederate aririy, or to the1 people of those States? A. Not that I am aware of. I have occasionally recorrimended a person for amnesty. I do 'not recollect tiriy special interview that I have' had; on the sub-JetSt. I recollect speaking to him' once or twice abouf the time that he issued his proclamation, r thought myself at that time that there was no reason why, because a person bad risen to the rank of general, he should be excluded frorir Amnesty any more than one who had failed* t Ypu supposed his par don would have a good effect? A. Yes; I • thought it would have a good effect. I am not sure whether I spoke on, the subject to the Sec-, retary of War or to, the President. .By Mr Eldridge: Q. Do you recollect liav- ipg a conversation with the President at any time, when General. Hilly.er. was present? A. I remember going with General Hillyer to see the President, but it was on the. subject of an ap pointment which he wanted. I went to. state to" the President what I knew of General Hill yer. , I do not recollect the conversation going beyond that range . at all, though still it, might have done so. Q. You do not recolject any other meeting with the President when , General Hillyer was present? A. I do not know. I think I met him twice, perhaps, but it was on a subject iu which General Hillyer himself was personally interested. Whether the President conversed on any other suDJects at that time I do not recollect. Q. Do you not recollect any conversation with the President, in the presence of General Hill yer, on the subject of granting amnesty to the people of the South? A. No, sir; I do not recollect any conversation on the subject of gen eral, amnesty, ,and I rknpw that I never .was, in favor of general amnesty. I do ; not recollect any conversation. at that time, on the subject of amnesty at all. I have stated here that I never recommended general amnesty, and never.waa in favor of it, until the time shall come when jit js safe ; to- give it. By Mr- Williams: ,Q. When you Bay.jthal you did not recommend general, amnesty, ypu mean universal amnesty ? A. I do not recollect of ever, having any, conversation on the subj'ept of universal amnesty. I know I .could not haye recommended such a. thing, because I never, was in favor of it, until the time shall come when it is safe. . -¦ ->" ,Q. I merely put -, the question in reference,"; to your use of the., term "general," because. 'it might;be supposed from ,that ;that the amnesty in ithe proclamation was not a general amnesty-? A- ,1, meant universal amnesty, of .course. Q. You state thatyou differed .wjith, the ,Pres. identiasto two points in hiB proclamation, but that his views afterwards chan.ge;d. State- when the President's mind underwent a-change? A, It .would, be very hard, I reckon, to $x any period for it. Q. \Wasit in the summer ,of 18,65? A. Yes, sir ; along in the summer of 1865. Q. How long after tbe North Carolina prpclanj- ation of the 29th of !May ? A. It is impossi ble. for .me to say. Q. Was it more than two or three months? A. I should think not. By Mr. Woodbridge : What did you mean by saying that the President's views afterwards changed? A. I meant to say that while I. W)as contending for .the rights .which, those rebel paroled soldiers had, he was. insisting on it that they should, be punished. My remark was con fined to that particular subject. By Mr- Eldridge : Q. Did you .have any cor respondence, with the President, in writing? , A. Any correspondence I ever had with the President is official, and can be furnished. I had to.rnake frequent endorsements on the subject of, the rights of those paroled prisoners. The only correspondence .that I could; have had on the subject of amnesty was where I recommends1! men ,for pardon, as in the case, pf French and others. Q. Did you keep copies of them? A. Y;efl. sir, and will furnish them. Q. Do you recollect the proclamation tha^is called the •' North Carolina proclamation?" A. Yes, ,sir ; that was the. firat.one published giving a State government. Q. Did you have any conversation. with the President as to the terms or purport of.th^t proclamation ? A. I was, as I say, present when it was read. It was in the direction that I wanted. I, was anxious to see, something done to give some sort of temporary government there. I did not want to see anarchy. Q. Did you give any opinion in, favor of %it proposition? A. I did not .give any opinion against if. I was in favor of .that or anything else which looked to ciyil government until Congress could meet and establish governments there. I did not want all chaos left there, and , no form of civil government whatever. I was LELTEBS, PAPERS, TESTIMONY, ETC. 303 not in favor of anything or opposed to any thing particularly. I was simply in favor of .jjiaving a government there ; that was all I ^wanted. I did not pretend to give my judgment as to what itshould be. I was perfectly -willing to leave that to the civil department. I asked , no person whaf I should do in my duties ; I was willing to take all the responsibilities; and I, did not want to give my views as to wh^it the ..pivil branch' of the government should do. ,Q. Some of those governors were military .officers and held rank in the army? A. That was during the. rebellion. Mr. Johnson was military governor in Tennessee and General "Hamilton in Texas. I do not recollect that there were any other military governors ;- the others ;Were .provisional ^governors. I did not care whether they were called provisional or military .governors. I looked upon them as equally pro visional. By Mr. Thomas: Q. You have stated your . opinion as to the rights and privileges of Gen eral Lee and his soldiers ; did you mean that to include any. political rights? A. I have ex plained that I did not. Q. Was there any difference of opinion on that i point between yourself and President Johnson at 'anytime? A. On that point there was no differ ence of opinion; but- there was as to whether the parole gave them any privileges or rights. 'By Mr. Eldridge : Q. He claiming that it did ,npt,*and you claiming that it did? A. He '.•jSjaiming that the time must come when they 'could be tried and, punished, and I claiming that jjhat time could not come ; except by a violation ,e£ their, parole. I, claimed that I gave them no „ political privileges, but that I had a. right, as .military commander, , to arrange terms of sur- . render which should protect the lives of those prisoners. I believe :it is conceded by every body that I had-that right. I know that. Mr. Lincoln conceded it at the time. .By Mr. Boutwell :¦ Q. How recently has the ^President expressed to you the opinion that General Lee, or others who had the benefit of the parole, ought to be tried and punished ? A. Not since about two years ago. Q. Have you at any time heard the President make any remark in • reference to admission of jnembers of Congress from the rehel States into .either .house? A- I cannot s,ay positively what I have heard him say on that subject I have .heard him say as much, perhaps, in his published .speeches last summer, as I ever heard- him say .at all upon that subject. I have heard him say —and I think I have heard him say it twice in tJris speeches — that if the North carried tbe -.elections by members enough to give them, with .the, southern members, a majority, why would ,|hey not be the Congress of the United States ? I, have heard hirn say that several times. By Mr: Williams :.Q. When you say "the .North," you- mean the .democratic party of the North,- or, in other words, the party favoring ;!«s, policy? A. I mean if the North carriecl 4 ^n9Hgh members in favor of the admission of the ,fl9utb._ I. did not hear him say that he would recognize them; as the. Congress." I merely heard him^ask the question, " why would they not be the Congress?" By the Chairman : Q. When did you jbear him say that? A. I h^ardium say that in, one or two of his. speeches. I dp not recollect where. By Mr. Bpntwell : .Q..Have you heard him make a remark kindred, to that. elsewhere? A. Yes ; I have heard him say that, aside from his speeches, in conversation. I cannot say just when. It. was probably about that same time. Q. Have ypu heard him, at anytime, make any remark or suggestion concerning the legal ity of. Congress with the southern members ex cluded? A- He alluded to, that subject frequently on his tour , to, Chicago and back last summer. His speeches were generally reported with, con siderable accuracy. I cannot recollect what he said, except in general , terms ; but I read his speeches a.t the time, and they were reported with considerable accuracy. Q. Did y°u hear him say anything, in private on that subject, either during that trip, or at any other time? A. I do not recollect specially. Q. Did ypu at any time hear him make any remark concerning th.e executive department ol the government? A. No. I never heard him allude to that. Q. Did you ever hear him make any remark looking to any controversy between Congress and the -Executive ? A. I think not. By Mr. Marshall : Q. I understand you to say that you were very anxious, at the close ol the war, that civil governments should be estab lished in some form as, speedily as possible, and that you so advised ,the. President? A. I so stated frequently in his presence. Q. But that you advised no particular form or, mode of proceeding? A. I did not. Q. .Were you present when this North Caro lina proclamation was read in .the cabinet ? A, I would pot be certain, but my recollection ie that the first time I heard it read. was in the presence only of the President, the Secretary ol War, and myself. Q. Did you giye your assent to that plan ? A. I did not dissent, from it. , That is just in accordance with what I have stated. It was a cjvil matter, and, although I was anxious tohave something done, I did not intend to dictate any plan. I do not tjiink I said anything about it, or expressed any opinion about it at that time. 1 looked upon it simply as a temporary meas ure, to establish a sort of government, until Con gress should, meet and Bettle the whole question, that it did not make much difference how it was and done, so there was a form of government there. Q. Were you present that, time by invitation of the President or the Secretary of War ? A. 1 must have heen. .Q. Were ypu not invited for the purpose of getting your views as to whether it was a judi cious, plan to be adopted for Jthe time? A. I suppose I was free to express my views. I sup pose the object was, perhaps, that I might ex press my views if I could suggest any change. Q.' Were you at the time asked your views in reference to it ? A. I do not think I was. 1 think it was merely read over. Q. You, think you neither, assented nor dis sented ? A.' I know that if I had been asked the question I would have assented to that or 304 POLITICAL MANUAL. almost anything else that would have given stable government there. . Q. In reference to the amnesty proclamation, I wish to know whether you ever gave your opinion to the President as to whether it was too liberal or not liberal enough in its clauses? A. I think I have answered that question pretty fully. When the proclamation was published, I told the President that there were two points on which I disagreed with him — that is, as to ex cluding volunteer gen.erals, and as to the $20,000 clause. I do not say anything as to whether the rest of it was too liberal or too stringent. I can state what I thought about it, but not what I said about it. Q. I wish to know whether, at or about the time of the war being ended, you advised the President that it was, in your judgment, best to extend a liberal policy towards the people of the South, and to restore as speedily as possible the fraternal relations which existed prior to the war between the two sections? A. I know that immediately after the close of the rebellion there was a very fine feeling manifested in the South, and I thought we ought to take advantage of it as soon as possible ; but since that there has been an evident change there. I may have ex pressed my views to the President. Q. What is your recollection in reference to that? A. I may have done so, and it is proba ble that I did; I do not recollect particularly. I know that I conversed with the President very frequently. I do not suppose that there were any persons engaged in that consultation who thought of what was being done at that time aB being lasting — any longer than until Congress would meet and either ratify that or establish some other form of government. I know it never crossed my mind that what was being done was anything more than temporary. By Mr. Churchill : Q. You understood that to be the view of the President ? A. I under stood that to be the view of the President and of everybody else. I did not know of any dif ference of opinion on that subject. Q. Did you understand that to be his view as other proclamations appeared from time to time ? A. I cannot say as to that. It would seem that he was very anxious to have Congress ratify his own views. By Mr. Woodbridge: Q. I understood you to say that Mr. Lincoln, prior to his assassina tion, had inaugurated a policy intended to re store those governments ? A. Yes, sir. ¦ Q. You were present when the subject was before the cabinet? A. I was present, I think, twice before the assassination of Mr. Lincoln, when a plan was read. Q. I want to know whether the plan adopted by Mr. Johnson was substantially the plan which had been inaugurated by Mr. Lincoln as the basis for his future action? A. Yes, Bir, substantially. I do not know but that it was verbatim the same. Q. I suppose the very paper of Mr. Lincoln was the one acted on ? A. I should think bo. I think that the very paper which I heard read twice while Mr. Lincoln was President was the one which was carried right through. By Mr. Churchill : Q .What paper was that? A. The North Carolina proclamation. By Mr. Boutwell : Q. You understood that Mr. Lincoln's plan wa3 temporary to be either confirmed or a new government set up by Con gress ? A. Yes; and I understood Mr. John son's to be so too. By Mr. Williams : Q. Was there anything said on that subject, or was that your inference? A. That was my inference. Q. You never heard the President say the plan was tn be temporary? A. No ; but I was satisfied that everybody looked on it as simply temporary until Congress met. Q. You stated that the North Carolina pro clamation was a continuation of the project submitted by Mr. Lincoln. I wish to inquire of you whether you ever compared them to as certain whether they were the same or not? A. No, sir ; I never compared them. I took them to be the very same papers. The papers were substantially the same, if not the very same. BEOALLED AND EXAMINED, JULY 20, 1867. By Mr. Boutwell : Q. Do you recollect hav ing an interview with tbe President in company with General Hillyer, on the return of General Hillyer from the South ? A. Since my attention was called to it I do. I did not remember it when I gave my testimony the last day here. ' Q. What is your recollection of what trans pired and was said at that interview? A. My recollection is that General Hillyer called to ex plain to the President what he had seen in tho South, and what he had heard of the views and opinions of the' people there ; and that what he had seen was an acquiescence on the part ofthe southern people, and favorable to peace, har mony, and good will. That was said in general terms, but the language I do not remember. Q. Do you recollect whether, at that inter view, there was any expression by the President as to any political policy ? A. No, sir, I do not; I remember General Hillyer said something of having been invited to make a speech in New York, or some place, I do not remember where, and that he should do so, and send. me a copy of his speech. I am very sure that he mentioned that in the presence of the President. What he said in that speech I do not remember now. but I presume the speech could be procured. I re member that General Hillyer gave the substance of what leading men said'to, him in the South. He particularly mentioned Judge Hale, of Ala bama He said that Judge Hale very candidly said that when they went into the rebellion they took their lives, property, Ac, in their hands, and that when they were defeated, they should accept such conditions as the government chose to give ; and that they claim now that what they did they did in good faith, and would not take it back again. Judge Hale claimed no right whatever after the failure ofthe rebellion, except such as was granted to them. That was the point he made. The conversation was mads up considerably of instances of that sort. I recollect his mentioning meeting a special party in Mobile, and what occurred there. LETTERS, .PAPERS,' TESTIMONY, ETC. 305 Richmond, Virginia, June 13, 1865. Lee, General R. E. — For benefits, and full tot !;Btoration of all rights and privileges extended to those included in amnesty proclamation "of . • 'the President of 29th May, 1865. ¦¦¦'¦'¦ Headq'rs Army op the United States, 16th June, 1865. Respectfully forwarded through the Secretary of War to the President, with earnest recom mendation that the application of General Rob ert E. Lee for amnesty and pardon may he granted him. " "; The oath. of allegiance, required by recent order of the President ,to accompany applica tion, does not accompany this, for the reason, as I am informed by General Ord, the order re quiring it had not reached Richmond when this was forwarded. U. S. Grant, Lieutenant General. Richmond, Va., June 13, 1865. Lee, General Robert E. — Understanding. that he and other officers are to be indicted by grand jury at Norfolk, Virginia, states his readiness to be brought to trial, but had sup posed the terms of, his surrender protected •;.-. flim; therefore prays, Ac. ; , Headq'rs Armies op the United States, ¦ -,; 16th June, 1865; In my opinion, the officers and men paroled at Appomattox Court House, and since, upon the same terms given to Lee, cannot be tried for treason so long as they observe the terms of /their parole. This isrjny. understanding Good ¦ faith as well as true policy dictates that we 'Should observe .the conditions of that conven- ¦ tion. But faith on the part of the government, or a construction of that convention subjecting officers to trial for treason, would produce a feel ing of insecurity in the minds of all the paroled officers and men. If so disposed they might even regard such an infraction of terms by the ', governrnent as an entire release from all obliga- jfiona on their part. I will state, further, that the terms granted by me met with the hearty approval of the Presi dent at the time, and of the people generally. !¦-. The action of Judge Underwood in Norfolk 'has had an injurious effect, and I would ask that he be ordered to quash all indictments '.found against paroled prisoners of war, and to desist from further prosecution of them. U. S. Grant, Lieut. General. [Cipher.] Headq'rs Armies op the United States, ' Washington, May 6, 1865—1 P. M. Majo^Gteneral Halleok, ' ,,,, ¦ ^Richmond, Virginia. , ; Since receipt'of your despatch of 3d, I think j^JPilJ be adyisableto leave Hunger alone for, the present. Although it would meet with opposition in the North to allpw Lee the benefit of amnesty, I tpink it would have the best possible effect to- w^fds, restoring good' feeling and peace in the South to have him come in. All the people except a few political leaders in the South will ^accept whatever ..he .docj as .right, .and. will De guided to a great .extent by his example. - U. S. Geaht, Lieut. General. 20 Washington, D. C, March 12, 1,866. Pttjkett, General George 'E. — Presents his tory of his case, refers to surrender and agree ment of April 9, 1865, and asks for protection ' from prosecution for treason. Headquarters Armies United States, March 16, 1866;' " Respectfully forwarded to his excellency the President of the United States, with the recom mendation that clemency be extended in this case, or assurance given that no trial will take place for the offence charged against George E. Pickett. During the rebellion belligerent rights were acknowledged to the enemies of our country, and it is clear to me that the parole given by the armies, laying down their arms, protects them against punishment for acts lawful to any other belligerent. In this case, I know it is claimed that the men tried and convicted for crime of ^desertion were Union men from North Carolina who had found refuge within our lines and in our service. The punishment was a hard one, but it was in time of war, and upon the enemy ; they no doubt felt it necessary to retain by some power the service of every man Within .their reach. General Pickett I know, personally, to be ,an honorable man, but in this case hisjudgtrient prompted him to do what cannot well be sus tained, though I do not see how good, either to the friends of the deceased, or by fixing 'an exam ple for the future, can be secured by his trial now. It would only open up the question whether or' not the government did not disregard its contract entered into to secure the surrender of an armed enemy. U. S. Grant, Lieutenant General, St. Louis, Missouri, March 26, 1866. Beall, W. H- R- — Application for pardon. Headquarters Armies United States, 2d April, 1866. Respectfully submitted to his excellency the President, through the honorable Secretary of War, and recommended. U. S. Grant, Lieutenant General. RECALLED AND EXAMINED, JULY 18, 1867. By Mr. Thomas : Q. Did the. President pro pose, at any time, to use 'the military power for the adjustment of the controversy in Baltimore between the police commissioners appointed by Governor Swann and those who claimed author ity independent of Governor Swann? A. I understood that he wanted to use itvand I called hia attention to the law on the subject, which changed his views, and determination evidently. I called his attention to the only circumstances in which the military forces of Ihe United States can be called out to interfere in State matters. It was his intention to send troops therb to enable. Governor Swann, as he termed it, to en force his decision in the case of 'those police commissioners. Q. Did the President, on account of your opinion, change that purpose? A. I made a communication to him on tho subject, which led to the Attorney General giving an opinion as to the power to use the military forces of tha 306 POLITICAL MANUAL. Unioed States to interfere in State affairs ; and that led to a change of what was intended to be done. After this whole question was settled as to sending the military there, there were six companies of new troops organized in New York harbor, which belonged to regiments south of here, and I ordered them to their regi ments, and to stop at Fort McHenry on their way down, in order to keep them there until after the election, with a view to have a. force there in case there was a bloody riot. Q. Do I understand you to say that the Pres ident changed his purpose in that respect before the difficulty had been adjusted in Baltimore ? A. Yes, sir. Q. That was in accord with your opinion, en dorsed by the Attorney General ? A. Yes, sir. By Mr. Williams : Q. Have you a copy of the letter addressed by you to the President ? A. I have a copy of everything official except con versation. ( (Witness was directed to furnish the official .documents on the subject.) By Mr. Thomas: Q. Did the President signify his wish concerning the army in writing or ver- hally? A. Verbally and in writing. ,$¦ Were you sent for formally? A. Yes, sir. I Was sent for several times — twice1, I think, while.Governor Swann was there in consultation With.the President. Finding that the President wanted, to send the military to Baltimore, I ob jected^ it- Q. Are y.pn distinct in your recollection as to ¦when the President acquiesced in your views ? A- It was prior to the election; two or three , «lays. When the .matter was left entirely with me, J ordered those itroops down to join their regi ments, and to halit.at Fort McHenry until after ' the election. Q. Was.it before t then have asked for his removal if it was 5. — general grant to president iohnsun Office U. S. Mil. Tel., War Department, , Washington, D. C, August 21, 1867. To General U. S. Grant. General Thomas is absent in West Virginia, and has probably not yet seen his orders. He has been under medical treatment this summer ior an affection of his liver, and it would be a great risk for him to go South at this time. Alexander B. Hasson, Surgeon U. S. A. and Med. Director, Department of the Cumberland. Respectfully forwarded to the President for his information, and recommending a suspension of the order making change in military com manders. -U. S. Grant, General. desired? It certainly was the intention of the legislative branch of government to place cabi net ministers beyond the power of executive removal, and it is pretty well understood that, so far as cabinet ministers are affected by the " tenure -of-office bill," it was intended specially to protect the Secretary of War,- whom the country felt great confidence in. The meaning of the law may be explained away by an astute lawyer, but common sense and the views of loyal people will give to it the effect intended by its framers. On the subject of tbe removal of the very able commander of the fifth military district, let me ask you to consider the effect it would have upon the public. He is universally and deservedly beloved by the people who sustained this govern ment through its trials, and feared by those who would still be enemies of the government. It fell to the lot of but few men to do as much against an armed enemy as General Sheridan did during the rebellion, and it is within the scope of the ability of but few in this or Other country to do what he has. His civil adminis tration has given equal satisfaction. He has had difficulties to contend with which no other district commander has encountered. Almost if not quite from the day he was appointed dis trict commander to the present time, the press has given out that he was to be removed ; that the administration was dissatisfied with him, &c. This has emboldened the opponents to the lawB of Congress within his command to oppose him in every way in their power, and has rendered necessary measures which otherwise may never have been necessary. In conclusion, allow me to say, as a friend desiring peace and quiet, the welfare of the whole country North and South, that it is in my opinion more than the loyal peo ple of this country (I mean those who supported the government during the great rebellion) will quietly submit to, to see the very men of all others whom they have expressed confidence in removed. I would not have taken the liberty of address ing the Executive of the United States thus but for the conversation on the subject alluded to in this letter, and from a sense of duty, feeling that I know I am right in this matter. With great respect, your obedient servant, U. S Grant, General His Excellency A. Johnson, President of the United States. 308 POLITICAL MANUAL. 6. — PRESIDENT JOHNSON S MODIFICATION OP THE ORDER. Headq'rs Armies of the United States, August 22, 1867- In view of the precarious condition of Gen eral Thomas's health, as represented in the within despatch of Surgeon Hasson, General Thomas will, until further orders, remain in command of tbe department of the Cumberland. August 23, 1867. _ Andrew Johnson. ! 7. — general grant to general sheridan. ! [By Telegraph, in cipher! Headq'rs Armies of the United States, Washington, D. C , August 24, 1867. General Thomas's orders to relieve you are suspended for the present. Orders will be sent by mail.. Relax nothing in consequence of pro bable change of commands. U. S. Grant, General. Maj. Gen. P. H. Sheridan, New Orleans, Louisiana. 8. — president Johnson's second modification of the order. Executive Mansion, Washington, D. C, August 26, 1867. Sir: In consequence of the unfavorable con dition of the health of Major General George H. Thomas, as reported to you in Surgeon Has- son's despatch of the 21st instant, my order dated August 17, 1867, is hereby modified so as to assign Major General Winfield S Hancock to tbe command of the fifth military district, cre ated by the act of Congress passed l|[arch 2, 1867, and of the military department comprising' the States of Louisiana and Texas. On being re lieved from the command of the department of the Missouri by Major General P. H. Sheridan, Major General Hancock will proceed directly to New Orleans,, Louisiana, and assuming the com mand to which he is hereby assigned, will, when- necessary to, a faithful execution of the laws, ex ercise any and all powersconferred by acts of Cougress.wpon district commanders, and any and all authority pertaining to officers in command of military depart-ments. Major General P. H. Sheridan will at once turn over his present command to the officer next in rank to himself, and proceeding without delay to Fort Leavenworth, Kansas, will relieve Major General Hancock of the command of the department of the Missouri. Major General George H. Thomas will, until further orders, remain in command of the de partment of the Cumberland. Very respectfully, yours, Andrew Johnson General U. S. Grant, Secretary of War ad interim. General Grant's Orders and Telegrams to Mili tary Commanders in the Unreconstructed States. 1. — general grant to general foster, re specting general order 44.* Headq'rs Armies Cp the United States, Washington, D. G.,,Auqus't 7, 18'66. Major General J. G. Foster, Tullahoma, Fla. General Order No. 44* is not intended to 1 S«) page 11M of Manual of 1866. apply to offences committed prior to the clos of hostilities. As a rulo, no arrests should b made under it except whore the civil authoritie, refnse to make them. Release all pris"orier« yoi may now have whose offences were committee previous to May, 1865. U. S. Grant, General. 2. general grant to general sheridan. Headq'rs Armies of the United States Washington, D. C , August-18, 1866. Major General Sheridan, New Orleans, Louisiana. Instructions to General Foster given some months ago prevent citizens of Florida appeal ing to other than the United States courts foi recovery of property sold for taxes. Those in structions will be now annulled, and purchasers will look to civil courts and the civil-rigbtn bill for protection. U. S. Grant, General. -3. — general grant to secretary stanton. Headq'rs Armies op the United States, Washington, November 22, 18rJ6. Hon. E. M. Stanton, Secretary of War. Enclosed please find copy of a communication addressed-to Major General Sheridan, under date of October 17, 1866, giving my construction of the President's' proclamations npon certain mili tary orders. The construction is the same that I understood you to entertain at the time. The orders referred to have not yet been revo'ted, nor has' any construction of the effect of the President's proclamation upon these orders b«en officially announced' to any but General Shtri- dan's command. I would therefore submit whether" my t in struction of the proclamation as above stated is correct, so that we may have a' Uniformity of aotion upon this matter'throughdut the different commands. It is evident to my mind that the provisiens of the civil-rights 'bill 'cannot be properly en forced without the aid of Order wi. 44, or a similar one. Even in the State of Kentucky, General Jeff. C. Davis states that he cannotr en force it without the aid of this order. U. S. Grant; General. To' the foregoing communication no answor was ever received ; but in answer 'to a Senate resolution, dated January 8, 1867, asking for information "in relation to violations of the act entitled "An act to protect -all persons in ths United States in their civil rights and furnish the means of their vindication," and what stepi bad been taken to enforce the same, the Presi dent with his message of February 19,1867, submitted," among other papers, Order-No. 44, which led- me 'to suppose that he regarded it as still -in force. At this time Congress was dis cussing and maturing plans of legislation forth* maintenance and enforcement of law and order in the States lately in -rebellion. I therefore deemed it unnecessary to take further action in the premises, but aWait the result' of congress ional action. The preceding correspondence and orders show briefly and generally the condition of the fifth military district (Florida, Texas, and Louisiana) LETTERS, PAPERS, TESTIMONY, ETC. 309 prior to the passage of the military reconstruc tion bill As the basis in part of this corres pondence, and exhibiting more in detail the con dition of affairs in different localities, the reports of subordinate comtnauders, so far as they are on file in this office, are also herewith submitted. All of these reports have reached here through the regular military channel. 4. — general grant to general sheridan. Headq'rs Armies of the United States, Washington, D. C, October 17, 1866. SIR: Referring to your endorsement upon communications of General J. G. Foster, com manding, district of Florida, of date September 18 and 20, relative to the effect of the Presi dent's proclamation, &c, I am directed by the general-in-chief to enclose you a copy of the same, and to say that he construes the proclam ation as nullifying General Order No. 3,* War Department,. Adjutant's General's office, Jan uary 12, and General Order No. 44,f headquar ters of the army, July 6, 18664 I have.the honor to be, very respectfully, your obedient servant, Geo. IC Leet, A. A. G. Major General P. H. Sheridan, Commanding Depart, of the Gulf. 5.— general grant to general sheridan. Headq'rs Armies op the United States, Washington, November 1, 1866. You will instruct General Foster to refrain from interference with the execution of civil law in Florida, when the laws of the State are not in conflict with laws of the- United States. It is alleged that orders given by Colonel Sprague to officers in Fernandina practically prevent the execution of civil law. The duty of the mili tary is to encourage the enforcement of the civil law and order to, the fullest extent. By command of General Grant. Geo K. Leet, A. A. G. General Sheridan, Commanding Depart, of the Gulf. * See page 124 of Manual of 1866. tSee page 122 of Manual of 1866. X General, Foster's report ifl as follows, with General Sheridan's indorsement : Headquarters District of1 Florida, Assist. Adj. General's Office, Tallahassee, Fla., September 20, 1866. General : I have the honor to make the fol lowing semi-monthly report of the condition of affairs in this .district-: The-state of feeling toward the government and Union and northern men has not improved since my last report, and there have been indi cations that the old bitter feeling engendered by tb.ewai; still, rankles in the hearts of many of the old, secessionists, and that it will find vent id words and actions as soon as a favorable op portunity offers. In this town, the intendant, assuming that the proclamation of the President, of August. 20, .fully restored the supremacy of the civil law over the military, essayed to arrest soldiers and. employes of the United States, while in the per formance of their duties, for trifling infractions of the municipal ordinance. I was obliged to order him peremptorily to desist. To allow he 6.— general grant to general shf.ridan Headq'rs Armies of the United States, Washington, D. C, Sept. 21, 1866. Major General Sheridan, New Orleans, La. Despatches of 20th received. Your course in regard to riot in Brenhara, Texas, right, only I think troops to defend themselves Bhould be sent there without delay. If arms are used against peaceable soldiers, disarm citizens. U. S. Grant, General. 7. general grant to general sheridaif. Headq'rs Armies of the United States, Washington, D. C, October 8, 1866. Major General Sheridan, New Orleans, La. Your despatch of 3d instant just received- Your views about not authorizing volunteers to be raised in Texas, ostensibly to put down In dian hostilities, are sustained. With the mili tary at your command, as full protection can be given to the people of Texas as to any other exposed settlements. You may so instruct Gov ernor Throckmorton. U. S. Grant, General. 8. — general grant ,to, general sheridan. Headq'rs, Armies op the United States, Washington, D. C, October 11, 1866. Major, General Sheridan, Com'g Depart, of the Gulf, New Orleans. Despatches from, the Governor of Texas to the President, and newspaper extracts, show Indian State or municipal authorities the power of ar resting and trying our officers and soldiers will be to give into the hands of our late enemies the power of retaliation for past injuries and present dislikes. I therefore hope that the supremacy of the military in all matters of conflict hetween the United States and municipal authorities, and in all actions under gxpress laws of Congress, may be preserved. I have some trouble in carrying out the pro visions of the " homestead law;" iu some locali ties combinations have been formed to resist the settlement of the negroes, and to drive them off. The freedmeu-are doing well. I have the honor to be, very respectfully, yonr obedient servant,- J. G: Foster, Bvt. Maj. Gen. U. S. Army, Commanding District. Bvt. Maj. Gen. Geo. L. Hartsuff, A.A.G., Depart, ofthe Gulf, N. O., La. [Endorsement ] Headquarters Department of the Gulf, New Orleans, La., October 6, 1866. Respectfully forwarded for the information of the .general-in .chief. Tjhere has* been, increased" indolence on the part of the functionaries of the civil law in Florida, and Texas; growing out of the procla mation of- the President. In Louisiana it has not been so, as the proc lamation, has never been officially promulgated, and as General Orders Nos. 3 and 44, from head quarters of the army, have not been rescinded, I have gone on in Louisiana as though no proc lamation had been issued. P. H. Sheridan, Maj. Gen. Tf. S. Army. 310 POLITICAL MANUAL. hostilities to exist on the frontier of that State to an extent requiring immediate attention. Your despatches on the same subject have been received and shown to the President. Please report again the latest information you have on the subject,- and in the meantime give such pro tection as you can with the means at hand. If it is necessary to break up any interior posts, take such as you think may be best spared. U. S. Grant, General. 9. — general grant to general sheridan. Headq'rs Armies op the United States, Washington, D. C, October 12, 1866. General: My despatch of yesterday was sent to you on receipt of the enclosed, which is for warded for your information. Great care will have to be observed to see that no just cause of complaint can be urged against the army for not giving proper protection to the citizens of Texas against Indian hostilities ; at the same time it is equally important that loyal and law-abiding citizens should have protection against tbe vio lently disposed in their midst. I am satisfied that you have done and are doing the very best that can be done. Your attention, however, is called to the enclosed, that you may know the apprehensions and desire of the President, and cause such inspection as will enable 'you to re port satisfactorily on the points that give him uneasiness. Very respectfully, your obedient servant, U. S. Grant, General. Major General P. H. Sheridan, Com'g Depart, of the Gulf, New Orleans, La. 10. — general sheridan to general grant. Headq'rs Department of the Gulp, New Orleans, La., October 12, 1866. General : I have the honor to acknowledge the receipt of your despatch of the 11th. I have no additional news regarding hostility on the Texas frontier, and still believe that there is a great deal of buncombe in the reports. I have a company of cavalry stationed within a few miles of where the alleged massacre took place, and have no reports from it, and doubt whether it really occurred. I will, however, Bend additional troops to the frontier without delay, and hope that the nine (9) companies of the seventeenth infantry, which are now in the north, will be sent to me at once. I have notified the Governor of Texas that I would send an inspector to the frontier, and that I would render such protection aa the forces within my control would permit of, and would establish posts in the early spring. I do not doubt but that the secret of all this fuss about Indian troubles is the desire to have all the troops removed from the interior, and the desire of the loose and lazy adventurers to be employed as volunteers against the Indians un der the acts of the State Legislature. P. H. Sheridan, Major General U. S. Armv. General U. S. Grant, " Com'ng Armies of the U. S., Washington, D. C. 11. — glineral grant to secretary op war. October 13, 1866 Respectfully referred to the Secretary of War- for information. More troops will be sent to- General Sheridan immediately — if, indeed, some are not already on the way— which will enable him to give all the protection that troops can give against Indian hostilities. Occasional murders will take place on our frontiers, and would if our people were all soldiers. U. S. Grant, General. 12. — general grant to gov. throckmorton. Headq'rs Armies of the United States, -Washington, D C, October 20, 1866. Sir : I have the honor to acknowledge the receipt of your communication of 5th instant, urging upon the general government the accept ance of a regiment of volunteers from the State of Texas, to be used in defending the frontier of that State against the incursions of hostile In dians, &c. In reply thereto I would state that General Sheridan haB already'sent as large a, force to the portion of the frontier of Texas in fested by Indians as probably can be supplied with forage and provisions during the coming winter. If » large force should still prove necessary, there are enough United States troops on their way or under orders to report to Gen eral Sheridan to supply the deficiency. It is deemed, therefore, unadvisable to accept the ser vice of volunteers, whose pay and maintenance would have to be provided for hereafter by a special appropriation of Congress. Very respectfully, your obedient servant, ' U. S. Grant, General. His Excellency J. W. Throckmorton, Governor State of Texas, Austin, Texas. 13. — general grant to general sheridan. Headq'rs Armies op the United States, Washington, D. C, August 3, 1866. Major General Sheridan, New Orleans, Louisiana : Continue to enforce martial law so far as may ' be necessary to preserve the peace, and do not allow any of the civil authorities to act if you deem such action dangerous to the public safety. Lose no. time in investigating and reporting the causes that led to the riot and the facts which occurred. U. S. Grant, General. 14. — GENERAL GRANT TO GENERAL POPE. Washington, D. C, April 21, 1867. Mt Dear General : Having read Governor Jenkins's address to the citizens of Georgia, I was on the eve of writing you a letter advising his suspension and trial before a military com mission, when your despatch announcing that the Governor had given such assurances as to render your order, in his case, unnecessary, was received. I am now in receipt of the order itself, and your accompanying letter, and have just prepared the enclosed endorsement to go with it. My views are that district commanders are responsible for the faithful execution of the LETTERS, PAPERS, TESTIMONY, ETC. 311 reconstruction act of Congress, and that in civil matters I cannot give them an order. I can give them my views, however, . for what they are worth. * * * * I presume the Attorney General will give a written opinion on the subject of the power of district commanders to remove civil officers and appoint their successors. When he does, I will forward it to all the district commanders. It is very plain that the power of district commanders to try offenders by military com missions exists. I would advise that commissions be resorted to, rather than arbitrary removals, until an opinion is had from tho Attorney Gen eral, or it is found that he does not intend to give one. * * * * Yours, truly, U. S. Grant-, General. Brevet Major General J. Pope, Commanding Third District- 15.— GENERAL GRANT TO GENERAL POPE. Atlanta, Ga, April — , 1867. General John Pope, commanding third mili tary district, submits copy of 'special order which he intends issuing so soon as he ascertains whether Governor Charles J. Jenkins, at the time he issued his tiddress, was aware of his (General P.'s) Order No. 1* "[Endorsement.] Headq'rs Armies op the United States, April—, 1867. Respectfully forwarded to the Secretary of War for his information. Tbe telegraphic des patch herein enclosed shows that Governor Jen kins, of Georgia, has given such pledges to the commander of the third district as to induce him to withhold for the present his order suspending the governor. The conduct of the governor (Jenkins) demonstrates, however, how possible it is for a discontented civil officer of the unre constructed States to defeat the laws of Congress if the power does not exist with district com manders to suspend their function for cause in some way. It seems clear to me that the power is given, in the bill " for the more efficient gov ernment of the rebel States," to use or not, at the pleasure of district commanders, the provis ional machinery set up without the authority of Congress in the States to which the recon struction acts applies. There being doubt, how ever, on this point, I would respectfully ask an early opinion on the subject. If the power of removal does not exist with district commanders, then it will become neces sary for them to take refuge under that section of the bill which authorizes military commis sions. Tj. S. Grant, General. 16.— general grant to general pope. Headq'rs Armt of the United States, Washington D. C. May 22, 1867. The following is sent to district commanders for their guidance : War Department, Washington City, D. C, May 18, 1867. General: Recent occurrences in some of the military districts indicate a necessity of great *For order, sou page 78 of Manual of 1867, or page 204 of tlie combined Manual. vigilance on the part of military commanders to be prepared for the prevention and prompt sup pression of riots and breaches of the public peace, especially in towns and cities, and that they should have their forces in hand and so posted, on all occasions when disturbances may be apprehended, as to promptly check, and, ii possible, to prevent outbreaks and violence en dangering public or individual safety. You will please, therefore, call the attention of the commanders of military districts to this subject, and issue such precautionary orders as may be found necessary for' the purpose indi cated. Yours truly, Edwin M. Stanton, General V. S. Grant, Secretary of War. Commanding Armies United States. The above conveys all the instructions deemed necessary, and will be acted upon by district commanders, making special reports of the pre cautionary orders issued by them to prevent a recurrence of mobs or other unlawful violence. By command of General Grant. Geo. K. Leet, Assistant Adjutant General. Brevet Major General John Pope, Commanding Third Military District. 17.T-OENERAL POPE TO GENERAL GRANT. General U. S. Grant, Commanding Armies United States. Day before yesterday I received a copy of the opinion of the Attorney General on registration, sent me formy information, through the Assistant Adjutant General, by order of the President. Ten days ago I had made, and published, in structions to registers, which will have to be dropped if the Attorney General's opinion is enforced. The opinion sent by the President's order does not seem to be an order to me on the subject ; but, as there may be room for doubt, I ask that I be informed by telegraph whether or not I am ordered by the President to conform my action to the Attorney General's opinion. I stand ready to obey the President's orders on the Bubject, but I wrote you fully on the subject yesterday, the probable result of en forcing the Attorney General's opinion in this district ; enclosing also copies of my orders and instructions about registration. Jno Pope, Major General Commanding. 18.— GENERAL GRANT TO GENERAL POPE. Washington, June 28, 1867. Major General J. Pope, Atlanta, Georgia. Your despatch of yesterday received. Enforce your own construction ofthe military bill, until ordered to do otherwise. The opinion of the Attorney General has not been distributed to district commanders in language or manner en titling it to the force of an order ; nor can I sup pose that the President intended it to have such force. U. S. Grant, General. 19. — GENERAL GRANT TO GENERAL ORD. Washington, June 23, 1867. Brevet Major General E. O. C. Ord, ' Commanding the Fourth District. General : A copy of your final instructions to boards of registration of June 10, 1867, ia 312 POLITICAL' MANUAL." just "received. I entirely dissent'from the views contained in paragraph' four. Your view as to tie duty of registrars to register every man who will take tlie required oath, though they may know the applicant perjures himself, is sus tained by the views of the Attorney General. My opinion is, that it is the duty of the board of registration to see, so far as it lies in their power, that 'no unauthorized person is allowed to register. To secure this end, registrars' should be allowed to administer oaths and examine witnesses. The law, however, makes district commanders their own interpreters of their power and duty under it, ahd, in my opinion, the Attorney General or myself can do no more than give our opinion as to the meaning of the law; neither can enforce .his' views against the judgment of those made , responsible for the faithful execution of ' the law, the district com manders. Very respectfully, your obedient servant, TJ. S. Grant, General. 20. — general grant to general pope. Headq'rs Army op the United Spates', Washington, D. C, August 3, J.867. Dear General : Your official letter on tbe Bubject of reconstruction in" the' third' district, and your private letter accompanying it, are received, and I have read both with care. I think your views are sound, both in the con struction which you give to the laws of Congress and the duties of the supporters of good gov ernment, to see that, when reconstruction is ef fected, no loop-hole is left open to give trouble and embarrassment hereafter.. It is certainly the duty of district commanders to study what tbe framers of the reconstruction laws' wanted to express, as much as what they do express, and to execute the law according to that interpreta tion. This, I believe, tboy have generally done, and, so far, have the approval of all who ap prove the congressional plan of reconstruction. * * * * Very truly, yours, ' U. S. Grant, General. Brevet Major General Jno. Pope,' Commanding Third Mil. Dili, Atlanta, Gd. ,21. — GENERAL POPE TO GENERAL GRANT General. U. S. Grant, Commanding Armies. Shall I publish the order requiring jurors in this district to take the test-oath as by your in structions, or on my own authority ? I had Just made an order, but, fortunately, not distrib uted it, to require jurors to be drawn from 'the list of registered voters. John Pope, Major General. 22. — GENERAL GRANT TO flENERAL POPE. Washington, August 14, 1867. Brevet Major General J. Poi-e, Atlanta, Georgia. Publish the jury order, which you had prepared. Tbe only object in distributing General Griffin's order was to secure a jury system which will .give protection to all classes. " U. S. Grant, General. 23.— GSNElJAt-GiANT TO' PRESIDENT JOHNSON, Washington, D.' C., October, 1867. Andrew Johnson, President of the United States, refers letter of Hon. Charles J. Jenkinsj of Georgia, dated October 18, 1867, relative "to apportionment of delegates to counties, instead Of senatorial districts, in State of Georgia. [Endorsement.] Headquarters United States Abut, October 24, 1867. Respectfully returned to the President of the United States. It seema to me it would Lave been better to have apportioned delegates to counties instead of senatorial districts in the State. of Georgia, but in view of the nearness of the'election in that State, (on the 29th inst,,) I do not see how the matter can be corrected now. I have, however, sent the following des patch to General Pope : Washington, D. C, October 24, 1867. Major General John Pope, Atlanta, Georgia. Should not delegates to convention in Georgia be chosen by counties instead of by senatorial districts, to comply fully with the law? Could not a change be made in your elec tion order in time for election in that State? U. S. Grant, General. 24. — GENERAL POPE TO GENERAL GRANT. Atlanta, Georgia, October 25, 1867. General U. S. Grant : If you will examine the returns of registra tion sent you for Georgia, you will see that the apportionments cannot be made by counties without giving very unequal representation, The counties are small and numerous, and in many cases two or three would have to be united to make voters enough for one delegate. Please try and make the apportionment by- counties, and y-ou will see that it is. not prac ticable. I tried it for two days. The. districts are precisely as they were established by State laws, and on examination you will find that the apportionment is based precisely on voters, and is in all respects the fairest that could be made on the basis of registered voters. It is' too late now to change, and certainly no man in Georgia can complain because I have taken the districts- established by State, laws. I wrote you fully on the subject day; before yesterday. My purpose was to make as little change as possible in local divisions in" the State known and recognized by- State laws. Yo'u will receive my letter to-mor row. I' send to-day a map of Georgia, with' number of registered voters for each county written on face of county. Please see if it be possible to make fairer apportionment than 'we have done. John Pope, Bvt. Major General. 25. — general grant to general pope. Headq'rs Army of the United States, Washington, D. C, October 30, 1867. General: Your reply to my letter suggesting a revocation of your order suspending State aid to the Georgia University, or rather your reply to B. H. Hill (and others') application tor such revocation, is received. I am abundantly satis fied myself with your explanation and hope no more will be heard about it. But your reply,,,,. LETTERS, PAPERS, TESTIMONY, ETC. 313 which I real to the Pres'fdent arid caoinet, was sent for last evening/and may result in som'e letter, suggestion; or opinion. •In your letter you say that the subject' of the Georgia University controversy will be submit ted to the convention. I would' advise that you submit nothing to it officially except the'laws of Congress authorizing- the convention and de fining its duties. A convention is a sort of original body to enact lawB, or rather to frame restrictions and to establish powers within which legislative bodies- may act. Under such circum stances, it would seem out of place for any au thority to submit questions to such conventions as are now being elected in the military districts. Yours, truly; U. S. Grant, General. Bvt. Maj. Gen. John Pope, Com. Third Mil. Dist. 26.— general grant to general pope. , Washington, December 23, 1867. Bvt. Maj. G(en. John Pope, Atlanta, Ga. The constitutions adopted by the conventions aow in session are not the law of the' States until submitted to the people and ratified by them. " I do not see, therefore, how you can en force laws enacted by them until so ratified.' U. S'. Grant, General. 27.— -GENERAL GRANT TO GENERAL POPE. Atlanta, Georgia, December 27, 1867. General John Pope, commanding third district, relative to refusal of State treasurer, John Jones, of Georgia, to pay the members of convention in Georgia. ' — [Endorsement.] Headq'rs of the Army United States, t* , . January 6, 18681 Respectfully returned. The convention is Mithorized by aOt of Congress passed March 23, 1867, supplementary to an act entitled "An1 act to provide for the more efficient government of the rebel States," of March 2, 1867, to levy upon and- collect a sufficient amount of taxes on the property of the State as was necessary to pay the expenses of the same. The ordinance passed by the convention for the purpose, and the order of the military commander to the State treasurer endorsed thereon', is in conformity to the letter and Bpirit of' said acts and the acts supplement ary thereto, of July 19, 1867. The government, under the constitution of the State of Georgia, adopted in 1865, which said treasurer sets u'p as atbar to his compliance with said ordinance, is b^.the, said acts of Congress specifically declared, With the governments of. other States lately in rebellion, therein named, to be " not legal State governments ; and ,that thereafter, said govern ments, if continued, wer,e to be continued sub ject in a)l respects to the military commanders of the respective districts and the paramount authority of Congress." .jjection 11 of said supplementary act of July 19, provides,: " That all the provisions of this act and of the acts to which this is supplementary wall beconstrued liberally, tp the' end that all tne-in'teres'ts.ithereof may be fully and perfectly carried out."' , It is clear, from the correspondence between' General Pope and tho' treasurer, that the proper administration, of the military, reconstruction acts requires the removal of said treasurer, and the appointment of some person in his stead, under section 2 of said supplementary act of July 1&, who will respect the authority of Con gress, the orders of military commanders, and the ordinance of the convention under the same. Should the, comptroller general of the State, as" General Pope seems to fear he may, decline to execute the ordinance ofthe convention, then he, too, should be removed. U. S. Grant, General. 28 — GENERAL MEADE TO GENERAL GRANT. General U. S. Grant. The passage of ordinances by the convention of Alabama and Georgia enacting stay-laws is producing great suffering. in these States, by causing- expedition to be made in making levies, in anticipation of these ordinances having the force of law. Advantage is being taken of the interval of time before these -ordinances are laws to hurry levies and executions, thus causing these ordi nances, intended as measures of relief, to become in reality the means of increasing and greatly aggravating the burden of the people. . I am, therefore, inclined to adopt these ordinances as the act of the military authority, and declare them to, have force until the question is settled as to th'e adoption or rejection ofthe constitution enacting them. I refer to you, because your telegram of December 23 is adverse to enforcing any of the ordinances of the convention prior to the adoption of the constitution, and to ob tain your approval of my proposed action. Please answer immediately. G. G. Meade, Major General. 29. — GENERAL GRANT TO GENERAL MEADE. Washington, January 10, 1868. MajOr General G. G. Meade, Atlanta, Georgia. As district commander, I think you will be perfectly justifiable in adopting as your own order the stay-laws proposed in the constitutions to be submitted to the people of Alabama and Georgia. This course is different from adopting as law the provisions of the constitutions in ad vance of their ratification. U. S. Grant, General. 30. GENERAL MEADE TO GENERAL GRANT. General U. S. Grant. I -have had a conference with Governor Jen kins, and exerted all my influence to induce him to consider the appropriation by tbe convention as an appropriation made by law and not incon sistent with the provisions of the Georgia con stitution, and1 tirged him to sign the warrant required by the ' treasury. The governor de clined, and there is no other alternative but the exercise of my power to obtain control of the State treasury. To avoid making any more changes than are required to effect the object, and also the difficulty of finding a suitable per son, and the question of bonds, I propose to remove only the treasurer, and to assign to the duty Brevet Brigadier General Ruger, with in structions to continue payments as heretofore, in accordance with the existing laws of the 314 POLITICAL MANUAL. State, and to make such payments to the con vention as I shall authorize, checking thus un necessary expenditures. I see no other mode of supplying the wants of the convention, and the jontinuance in session is dependent upon its wants being immediately supplied. It is proba ble other steps may have to be taken before the money can be secured, as it is intimated that an issue will be made with the view of testing the inva'.idity of my power. Your approval or disapproval is asked at once. Geo. G. Meade, Major General. 31 —GENERAL GRANT TO GENERAL MEADE. Washington, January 10, 1868. Major General G. G. Meade, Atlanta, Ga. Plan proposed in your despatch of last even ing to remove State treasurer of Georgia ia ap proved. U. S. Grant, General. 32. — GENERAL GRANT TO GENERAL MEADE. Washington, January 13, 1868. Major General G. G. Meade, Atlanta, Ga. I would not advise interference with elections ordered by the Alabama convention, unless very satisfactory reasons exist for doing so. U. S. Grant, General. 33. — GENERAL GRANT TO GENERAL MEADE. Washington, January 13, 1868. Major General G. G. Meade, Atlanta, Ga. You will perceive by the reconstruction acts that " conventions are to frame constitutions and civil governments for their respective States," which clearly implies authority to order the election of officers thereunder, and in fixing the day of election Alabama has only followed a well-established precedent. The governments elected cannot assume authority, except under orders from the district commander or after ac tion of Congress upon their constitution. U. S. Grant, General. 34. — GENERAL GRANT TO GENERAL MEADE. Washington, January 17, 1868. Major General G. G. Meade, Atlanta, Ga. Congress unquestionably can determine upon the questions presented by the governor of Florida, whatever may be the authority of dis trict commanders over such cases. General Pope having practically settled, the matter com plained of by his action before you assumed command of the third district, it is deemed judi cious not to interfere with the meeting of the convention at the time ordered by him, but leave the whole matter to Congress in its final action. U. S. Grant, General. 35.— GENERAL GRANT TO GENERAL MEADE. Washington, January 25, 1868. Major General G. G. Meade, Atlanta, Ga. Will it not be well to extend the number of days the polls are to be kept open at the Ala bama election, in order to give full opportunity to all who register to vote? Two days will hardly give sufficient time. It would be better to amend General Pope's order now than after the election had commenced. U. S. Grant, General. 36. — general grant to general meade. Headquarters Army op the United States, Washington, April 29, 1868. Major General G. G. Meade, Atlanta, Georgia. I have carefully read your letter of 16th of April and ita enclosures. I see nothing in thera to change my opinion as expressed to you in my despatch of March 2, 1868. The officers elected under the new constitution of Georgia are not officers of the provisional government referred to in the reconstruction acts, nor are they officers elected under any so-called State authority, and are not, therefore, required to take the oath pre scribed in section 9, act of July 19, 1867- The, eligibility to hold office must be determined by the new constitution and the amendment to the Constitution of the United States, designated aa article 14. U. S. Grant, General. General Grant's Order Respecting the Restora tion of Removed Civil Officers. Headquarters op the Army, Adjutant General's Office, Washington, August 29, 1867. Special Orders, No. 420. Commanders of the military districts created' under the act of March 2, 1867, will make no appointments to civil office of persons who have been removed by themselves or their predeces sors in command. By command of General Grant. E. D. Townsend, Assistant Adjutant General. ¦ Extract from General Grant's Report as Secre tary of War ad interim, Referring to Recon struction, November, 1867. By act of Congress the ten southern States which have no representation in the national councils are divided into five military districts, each commanded by an officer of the army of. not less rank than brigadier general. The powers of these commanders are both civil and military. So far as their military duties are concerned, they are under the same subordina tion to the General of the army and Secretary of War that department commanders are. lit their civil capacity they are entirely indepen dent of both the General and Secretary, except' in the matters of removals, appointment, and detail, where the General of the army has the same powers as have district commanders. ' It is but fair to the district commanders, however, to state that, while they have been thus inde pendent in their civil duties, there has not been one of them who would not yield to a positively expressed wish, in regard to any matter of civil admibistration, from either of the officers placed over them by the Constitution or acts of Con gress, so long as that wish was in the direction of a proper execution of the law for the execn- tion of which they alone are responsible. I am pleased to say that the commanders of the five military districts have executed their difficult trust faithfully and without bias from any judg" ment of their own as to the merit or demerit of the law they were executing LETTERS, PAPERS, TESTIMONY, ETC. 315 first military district Comprises the State of Virginia, Brevet Major General J. M- .Schofield commanding. In as suming command, the principle was announced by General Schofield that the military power conferred by act of Congress on the district commander would be used only so far as was necessary to accomplish the purposes for which the power was conferred. The civil government was interfered with only when necessary, and the wisdom.of the policy has been demonstrated by the result. The instances of complaint of the action of the civil courts became exceedingly rare, Still the evil which existed prior to the act of 'Congress of March 2, 1867, though mitigated by the increased efficiency of civil officers, was not removed. It was an evil in the j ury system, apparent at all times, and fully developed by the natural antagonism between loyalist and rebel, or the prejudice between white and black, existing throughout the South since the rebellion. The first idea was to admit blacks on juries and prescribe a teBt of loyalty. But as the require ment of a unanimous verdict must give very inadequate protection where strong prejudice of class or caste exists, and as a military change of jury system would be 'but temporary, it was determined to leave its change to the convention soon to meet, and be content with a system of military commissions. Such commissioners were appointed from officers of the army and Freed men's Bureau in the different cities and counties of the State, with powers of justices of the peace, while the State was divided into sub -districts, under commanders whose powers were ultimately increased to those of circuit judges, taking juris diction only in cases where civil authorities failed to do justice. The system has given a large measure of protection to all classes of citi zens, with slight interference with the civil courts. Since the publication of the act of March 23, 1867, all elections have been suspended. Exist ing State, county, and municipal officers were continued in office. Vacancies have been filled by the district commander. The number of re movals has been five, and of appointments to fill vacancies one hundred and five. In executing the registration aboard of officers was first appointed to select registering officers. The selections were made with great care, and the officers so selected have, with few exceptions, done their duty in the most satisfactory manner. Carefully prepared regulations for the boards of registration were issued, being made as specific as possible, so as to secure a uniform rule of dis franchisement throughout the State. In pre scribing them, the district commander was con trolled by the belief that the law made him responsible for its correct interpretation, as well as its faithful execution. The results of the first session of the register ing boards were all received on September 15. One hundred and fifteen thousand and sixty- eight whites, and one hundred and one thousand three hundred and eighty-two colored, regis tered ; one thousand six hundred and twenty whites, and two hundred and thirty-two colored, being rejected. The tax list of 1866-67 (not quite complete) returns about one hundred and thirty-six thousand white' male ad.ilts, and eighty-seven thousand colored male adults This indicates that the number of whites dis franchised, or wh'i have failed to register, is about nineteen thousand, and that about fifteen thou sand more colored mon have registered than were on the tax lists Hence it may be inferred that nearly all ma'e adults, white or colored, not disfranchised, have registered. The principle upon which the apportionment was made was to give separate representations to the smallest practicable subdivisions of the State, and where fractions remained over to so combine counties in election districts as to justly represent those portions. This is believed to be the fairest mode of apportionment practicable under the law. second military district Comprises the States of North' Carolina and South Carolina, Brevet Major General E. R. S. Canby, commanding. Major General Daniel E, Sickles, who was originally assigned to the com mand of this district, Was relieved, and General Canby assigned by the following order of the President : (General Orders No. 80. — See Chap. Proclama tions and Orders.) "In order to secure a more efficient administration of jus. tice it was deemed necessary to place all sheriffs and other municipal ofli. era under the immediate control of a military officer. Accordingly all such officers were directed to re port to the Provost Marshal General, and to make monthly reports of * crimes committed* and 'prisoners confined.' The reports of prisoners confined has aided materially in detecting illegal imprisonments or punishments, and has enabled the district commander to secure the relea.se of many Union men and freedmen, against whom much gross injustice had been committed. "A bureau of civil affairs was established, to take charge of all matters- pertaining to registration ; audits duties were afterwards extended to include all questions of pro tection to person or property ariBing under the laws of Con gress. One hundred and seventy registration precincts were established in North Carolina, and one hundred and uine in South Carolina. " In North Carolina there were registered 103,060 whites, and 71,657 blacks; and iu South Carolina, 45,751 whites, and 79,585 blacks. Registration proceeded very slowly on ac count of slowness of communication with distant parts of the district. " Of the appropriation made by Congress, $54,802 87 have been expended, and outstanding liabilities will exceed the balance on hand 8194,802 87. " The present condition of the district is so satisfactory as to warrant tbe belief that after elections the number of military posts in both States can be diminished." THIRD MILITARY DISTRICT Comprises the States of Georgia, Florida, and Alabama, Brevet Major General John Pope, com manding. " On assuming command an order was issued " by Gen eral Pope " continuing in office State officials, but forbidding their opposing the reconstruction acts, prohibiting elec tions except under those acts, and giving notice that all vacancies in civil offices would be filled by the district commander. Becoming satisfied subsequently that State officials, while obeying the order personally, yet officially, by-their patronage, encouraged papers opposing-the recon struction act, an order was issued forbidding official pat ronage to such papers. "In consequence of the riot at Mobile, an order was issned holding city and county officers responsible for the preserv ation of peace at all publio meetings, and requiring the United States troops to assist them when called on. No disturbances have since occurred. " Under the laws of the State no colored perem could be admitted to the jury-box, and there was no surety of j ustice to Union men, to people from the North, (and especially ex-Union soldiers.) or to colored persons, from juries in flamed with hostility towards such classes. " There is a very large number of cases of wrong perpe» trated by such juries in the district on file. 316 POLITICAL MANUAL. "Accordingly an order was iss.ied directing all jurieB to be drawn indiscriminately from the list of voters registered by the boards of registration. «* Very few civil officers have been removed, and those, in; almost every case, were removed for refusing to comply with orders. Appointments to fill vacancies have only b«en made where the daily business of the people demanded- it. "The State treasurers of Georgia, Alabama, and Florida have been ordered to make no payments after the appro priations of the present fiscal year have expired, save on warrants approved by the district' commander,'as-it is be lieved that a new Legislature will not continue or approve many of the appropriations made. " In executing the registration, it was deemed advisable that no1 officer nor soldier of the United States should' be employed, and 'accordingly each board of registration- was' appointed from among .the citizens- living in the district,- artd to consist of two white men and one colored. A fixed su'm was paid for registering each' name, the average for the district being^twenty-si* cents per name. "There were registered in Georgia 95,214 whites, and 93,457 colored : in Alabama 74,450 whites, and 90,350 col ored, and in Florida; 11,1 F>0 whites, .and 15,357 colored. The amouut expended in registration, Ac, has been$162,325. " The apportionments delegates Was made in Georgia' for State senatorial districts; and iu Alabama for Representative districts, fixed by an order. Polls were ordered to be opened at each county seat." FOURTH MILITARY DISTRICT Comprises the States of Mississippi and Arkan sas, Brevet Major General E. 0. C. Ord, com manding; "The reconstruction measures of Congress are unpopular with a majority of the white people, but their execution has met with Blight oppositionrthe ignorant and lawless, fijom whom alone trouble was to be apprehended, having been kept in order by the troops distributed through the States. " The civil laws have not been interfered with when equally administered, except to. remove from the civil courts cases of crime charged against persons who, being opposed to tbe rebellion, had reason to fear prejudice; Also freed- men'B crises, where the courts were practically closed, against them; and cases of horse-stealing, and violations' of acts of Congress, for all of which military commissions have been organized. "The officers of the provisional State government have continued in office,, except where they have failed to per form their duties It is difficult to find competent men who can qualify to fill vacancies in civil offices, some' of which' are consequently vacant. "In consequence of the indisposition (as manifested of late) of the civil authorities in Arkansas to take action in offences of an aggravated nature against freedmen, orders have been issued for -the trial of all Buch cases by military commission, and for prompt action to be taken for the pun-> ifthment of civil offioers who fail to issue writs against of fenders committing, assaults, &c;,against freedmen, and pro hibiting bail for the appearance of such criminals." The extension of suffrage to freedmen has evi-" dently aroused » sentiment of, hostility, to the colored race, and to northern ' men in' many parts of the district, which did not exist before ;' and General Ord is convinced that a larger force than is now stationed in those States to preserve order and organize conventions, will be required hereafter to protect them and secure the freed-' men the use of the suffrage. "In a majority of the counties of this district there are very few men who can take the test-oath, and these are not disposed to defy public opinion by accepting office, unless supportediby a military force afterwards. " The will of the colored people may be in favor of gqp- porting loyal • office-holders, but their .intelligence is not now -sufficient to' enable tliem to combine for the execution of their will. All their combinations are now conducted by white men, .under the protection of the military; if the, protection is withdrawn, the white men now controlling would withdraw with it; and Bom«of-the southern people;' now exasperated at what they deem- the .-freedmen's pre sumption, would not be very gentle .towards them, so that the presence of a larger military fo+ce will be required for some time to maintain the freedmen in the right of suffrage.*' FIFTH MILITARY DISTRICT Comprises the States of Louisiana and -Texas,? Brevet 'Major General J.; A. Mower, commandn ing. No report has yet-' been received from General Mow-err out it is expected in time for the- meet- ing^of Congress. Major General P. H. Sheridan, who was orig inally assigned to the command of this district,: was relieved, and General Hancock assigned, by the- following orders of the President. On the- decease of Brevet Major General Charles Griffin, designated as the officer next in ranki.towhom Geaeral Sheridan' > should' turn' over the comr mand until General Hancock assumedit, General Mower succeeded to ths: command: (General Orders1 77 and 81: — For which see Proclamations' and Orders.-) Generals Sheridan and Sickles having been relieved' before the period for submitting their annual reports, none have been received from . ;thenu They have, however, been called 'on re cently to submit reports, which may be expected,' before the meeting of Congress. xxvir. DIGEST OF ORDERS 0E THE MILITARY COMMANDERS, AND GENERAL ACTION UNDER THE RECONSTRUCTION ACTS* First Military District— Virginia. 1867, Match 15— General Schofield prohibited whipping or maiming of the person as. a punish ment for any crime, misdemeanor; or offence. An order Was issued,' sanle' da'y,, disbanding and prohibiting, any further organization of. the militia forces of the Slate. * Ear.' previous Oi'd'ei'S' refefrtog to Reconstruction, see pages 73-81 of tbe'MaYiual'of 1867; o<" [Urges 190-207 of the combined Manual. April 2- — Board of officers appointed to select boatds of registration, one to be an officer, of the- army or Freedmen's Bureau, if' possible^ and the oth«r» either army, officers: or honorably dis^ charged i' volunteer officers, or loyal, oitissens of the proper city or county, or any other loyal citizen. No registering officer to, be ar candidate for anyelective office. All elections suspended. till the completion of registration, vacancies to be filled by the commanding general. All offi- DIGEST OE ORDERS, ETC. 317 iers under the provisional government to take the test oath of March 23, 1867. ' In registering, whites and colored to be entered in separate jolumns. May28 — Where civil authorities fail to give adequate protection to all persons in their rights bf person and property, it was announced that military commissioners would be appointed; trials by the civil courts preferred in all cases where -there is satisfactory reason to believe that justice will'be done. June 8 — 'It was held; respecting the right to be registered, that persons who • voluntarily joined toe-rebel army, or persons who in 'that army committed voluntarily any hostile act, were disqualified ; but persons who were forced into it, but avoided, as far as possible, doing hostile acts; and escaped ¦ from it- as soon as possible, were not disqualified. Persons who voted for the secession ordinances were disqualified. Giving individual soldiers food or clothing enough to relieve present suffering did not work disqualification. June 26 — It was decided that, as the laws of Congress declared there was no legal government in Virginia, the Alexandria constitution does not disfranchise any persons. July 13 — It was decided that the President's pardon does not restore political rights, but merely civil ) and, July 15; that it does not re move disfranchisement which exists without it. July 26 — All persons hereafter appointed to take the test oath of July 2, 1862, in lieu of that of March 23, 1867. Sub1 district commanders directed' to report names of all State, county and municipal officers who are " disloyal to the United States, and use their official influence to prevent reconstruction under acts of Congress." August 16— A fine imposed by court, April 27, 1867, of two thousand dollars in "Confed erate currency,'-'.' was ordered scaled at the then rate, and $88 80, in lawful currency of United States, directed to be accepted by the court, in payment. "?September 12 — Election ordered for October 22, on a convention ; 105 delegates to be elected at the same time. September 21— Persons subject to parole upon the surrender,1 who have avoided giving it, are directed to take the prescribed -parole' within thirty days. ,: September J24— 'Delegate's to the State conven tion not required to take the oath prescribed for officers of the United States. 'September 25— A person who held no office prior" to the war, and who was elected and served as a"mei»ber of the1 secession convention, and was afterwards engaged in rebellion, is not thereby disfranchised. : : October 3 — Arined^secret societies forbidden. October 31 — The-regular session of the Legis lature elected in 1866 dispensed with. November 2— Voteon convention- announced: 169;229 votes cast, of Which 107;342 were for, and 61;887 against, a convention. ' December 3d fixed as the time, and hall of House of Dele gates, Richmond, as the place of meeting. December 2 — General 0, 0. Howard instructs General' O.1 Brown, of Freedmen's1 Bureau, to allow no man to suffur for food, and to assist-to a home and employment those who he ascer tains may have Deen, or may be, discharged for having voted as they pleased. December 8 — Convention met. Adjourned April 17, 1868, having adopted, a constitution. 1868, March 12 — Sales of property under deeds- of trust suspended where such sales would result in a ruinous sacrifice or leave infirm per sons without support. April 4— The office of Governor of Virginia havingbecome vacant by the expiration of Gov ernor Pierpoint's term, and he being ineligible for the next term, Henry H. Wells was appointed. June. 2^-General' Stoneman assumed com mand. No provision has tbufi far been made for sub mitting the constitution to a popular vote. Second Military District— North and South Car olina. 1867, April 18 — General Sickles issued an or der that, it having become apparent that justice to freedmen cannot be obtained in the civil Courts of Edgefield and Barnwell districts, a provost court be established, with jurisdiction of any case to which a person- of color is a party, except murder; arson, and rape. April 20 — No sentence of such court, affecting the liberty of any person, to be executed till ap proved by the commanding general. April 27 — Local election in Newborn sus pended ; and officers appointed, and required to take the oath of March 23, 1867. 1 May 8 — Registration announced to be begun on thethird Monday in July ; registering officers to be appointed, and required to take the.test oath of July 2, 1862. May 15 — Commanding officers of posts au thorized, upon sufficient cause shown, to grant permission to public officers to carry arms when necessary in the discharge of their duties. May '20— Distillation of spirits from grain prohibited; violation of this order to be con sidered a misdemeanor. May 30 — Any citizen, a qualified voter under the reconstruction laws, declared to be eligible to office in the provisional government of North and South Carolina. All citizens who have paid assessed taxes for the current year declared qual ified as jurors; and juries to be hereafter drawn from such persons. , All citizens are eligible to follow any licensed calling, employment or avocation, subject to impartial regulations pre scribed by municipal or other competent author ity, the bond required as security not to exceed $100, with -one or more sureties worth double the- amount of the bond All contracts for the manufacture, sale, or transportation, storage, or insurance of intoxicating liquors to be treated as against public policy. In public conveyan ces, on railroads, highways, streets, or navigable Waters, no discrimination -because of color or caste shall be made, and the commcn rights of all citizens therein shall be recognized and re spected ;. a violation of this regulation to -be deemed a misdemeanor, and to render the offend er liable to arrest and trial by a military tri bunal, besides-such damages as may be recovered in the civil courts.' The remedy by distress for rent is abolished, where lands are-leased or let 318 POLITICAL MANUAL. out for hire or rent. No license for the sale of intoxicating liquors in quantities less than one gallon, or to be drank on the premises, shall be granted to any person other than an inn-keeper. June 19 — General Sickles asked to be relieved from command of the district, and asked a court that he might vindicate himself from the accusa tion of the Attorney General. August 1 — The session of the Legislature of North Carolina, elected in 1866, indefinitely postponed. August 10 — Order of May 30 suspended in its application to the superior and county courts of North Carolina, on account of the inability of the latter to revise the jury lists. August 17 — The finding of a court-martial confirmed, fining the captain of a steamer $250 for refusing a person a first-class ticket on ac count of color. It was added : " So long as the laws imposed civil and political disabilities be cause of servitude or color, carriers were per mitted to enforce thesame discrimination among passengers. Such disabilities and usages have ceased, with slavery, to have any legal sanction. Whatever belongs of common right to citizens, necessarily follows the recognition of the blacks as citizens, and belongs to them." September 5 — The act of the Legislature of North Carolina, of March 7, 1867, " for the re lief of executors, administrators, &c," annulled as in violation of the Constitution of the United States, and in violation of the acts of Congress passed prohibiting all acts in aid of the late re bellion. Courts directed to dismiss judgments, orders, and decrees, under said legislation. September 5 — General Canby assumed com mand. September 13 — General Canby ordered that all citizens assessed for taxes, and who shall have paid taxes for the current year, and who are qualified and have been or may be duly regis tered as voters, are declared qualified to serve as jurors. Any requirement of a property qualifi cation for jurors is hereby abrogated. The col lection of certain illegal and oppressive taxes, imposed in parts of North and South Carolina, was suspended. October 16 — An election ordered in South Carolina, November 19 and 20, for or against a "convention," and for delegates to constitute the Convention. Violence, or threats of violence, or of discharge from employment, or other op pressive agencies against the free exercise of the right of suffrage, prohibited. All bar-rooms, saloons, &c, ordered closed from 6 on the even ing of November 18 to 6 on the morning of No vember 21. Military interference, unless " ne cessary to repel the armed enemies of the United States or to keep the peace at the polls," pro hibited. Octoiier 18 — A similar order issued for North Carolina, fixing the election November 19 and 20. October 19 — Order issued suspending Hon. A. P. Aldrich fi om the exercise of all functions as judge of the court of common pleas and gen eral sessions; and Gov. Orr authorized to pro vide for holding his term of court, by assigning another judge. The election of municipal offi cers in Charleston forbidd9n. November 27 — Prosecutions instituted in some of the courts of North Carolina for acts of war committed during the existence of hostilities, in violation of the true intent of the amnestyia'ct of that State of Dec." 22, 1866, were prohibited. Also, ordered, that all parol " contracts, betwepn any persons whatever, whereof one or more of them shall be a person of color," shall be of the same validity, be established by the same evi dence, be determined by the same rules, and be enforced in the same manner as in like contracts where all the parties thereto are whites. December 3 — A system of taxation estab lished, for the support of the provisional gov ernment of South Carolina for tbe year from October 1, 1867, to September 30, 1868. Appro priations ordered for the various offices and ex penses of the State. December 28 — The election declared to have re sulted in favorof aconvention ; and the delegates notified to meet in Charleston, January 14, 1868. December 31 — Convention declared carried in North Carolina ; and the delegates notified to meet in Raleigh, January 14, 1868. December 31 — Judgments or decrees for mo ney, or causes of action, from May 20, 1861, to April 20, 1865, in North Carolina, and from De cember 19, 1860, to April 29, 1865, in Sonth Carolina, ordered not to be enforced, &c. , All proceedings for the recovery of money for tha purchase of slaves, made after January 1, 1863, suspended. Proceedings in any court in either State, recognizing or sanctioning the investment of the funds of minor heirs, or females, or in sane persons in the securities of the late rebel government, or the war securities of either Stats, will be suspended till the validity of such in vestments shall be determined by United States courts or by additional legislation. Power to grant licenses for the sale of liquore remitted to local authorities. .1868, January 14 — Conventions of both States met, and adjourned March 17. February 6 — Ordinance of South Carolina Convention for the collection of taxes, pro mulgated, and the assessors ordered to collect the taxes therein levied. State Treasurer authorized to pay the expenses of the Convention. February 12 — Same with regard to the North Carolina Convention. February 27 — Where advances are made by General R. K. Scott, assistant commissioner of Bureau of Refugees, in behalf of tho Govern ment of the United States, in aid of the de pressed agriculture of South Carolina, these ad vance's shall be a lien upon the produce of the plantation. March 13 — An election to be held in South Carolina, April 14 and 16, for or against the constitution, and on the same ballot for State officers, and Representatives in Congress, one for each of the four districts and two at large. March 23 — An election ordered for North Carolina, April 21, 22, 23; regulations, pre scribed. April 8 — Quarantine of ports of South Caro lina established. May 2 — Constitution announced ratified by a majority of the voteB actually cast by the quali fied electors of South Carolina. DIGEST OP ORDERS, ETC. May 12 — Constitution of Nirth Carolina an nounced similarly ratified. June 15 — W. W. Holden, Governor elect of North Carolina, called a meeting of the Legisla ture for July 1. Third Military District— Georgia, Alabama, and Florida. 1867, April 4 — General Pope issued an order directing post commanders to report acts of local or State authorities or tribunals which discrim inate against persons on account of race, color, or political opinion. ¦April 8 — Registration order issued. It pro vides, among other sections : " It is desirable that in all cases the registers shall be civilians where it is possible to obtain such as come within the provisions of the act and are otherwise suitable persons ; and that military officers shall not be used for the pur pose, except in case of actual necessity. " The registers are specifically instructed to see that all information concerning their political rights is given to all persons entitled to vote under the act of Congress ; and they are made responsible that every sucb legal voter has the opportunity to record his name. " Interference by violence, or threats of vio lence, or other oppressive means to prevent the registration of any voter, is positively prohib ited; and any person guilty of Buch interference shall be arrested and tried by the military author ities." April 11 — Headquarters removed to Atlanta. April 12 — General Wager Swayne issued this order at Montgomery, Alabama: Sonera 1 Orders, No. 3. Ml. Complaints of hardship in the needless Apprenticing of minors, particularly in pursu ance of the preference given to the " former owner" in the law, have Been almost incessant. It is enjoined upon probate judges, upon appli cation, to revise the action taken in such cases, and as a rule to revoke indentures made within the past two years of minors who were capable of self-support. II. The attention of magistrates is called to the repeal by the last Legislature of the " va grant law," approved December 15, 1865, and published with the code. Attempts which are etill made to put it into execution will hereafter be the subject of military cognizance. III. The use of " chain-gangs " as a mode of legal punishment being found to involve serious abases, will be henceforth discontinued, except in connection with the penitentiary. May 1 — The use of the " chain-gang" as a mode of legal punishment in Georgia is ordered discontinued, except in cases connected with prisoners sentenced to the penitentiary. May 21 — The States of Georgia and Alabama divided into registration districts, the boards of registration for each district to consist of two white registers and one colored, each to take the test oath of July 2, 1862. Violence and threats prohibited. May 29 — The duties of mayor, chief of police, &c, defined, in view of the riot at Mobile. June 17 — Special instructions given to regis tering boards in Florida. August 2 — No civil court will entertain any action againBt officers or soldiers, or others, for acts performed in accordance with the orders of the military authorities. All such suits now pending to bedismissed. August 12 — Ordered, that all advertisements or other official publications under State or mu nicipal authority shall be made in such news papers only as have not opposed and do not op pose reconstruction under acts of Congress, nor attempt to obstruct the civil officers appointed by the military authorities. August 19 — Grand and petit jurors, and all other jurors, shall hereafter be taken exclusively from the lists of voterB without discrimination, as registered. Sheriffs to require jurors to swear that they have been registered. Jurors already drawn shall take this oath or be replaced by those who can. August 26 — General Pope disclaimed the pur pose to interfere with the relation of debtor and creditor under State laws, not considering a stay law to be within his province to adj ust. August 31 — An election ordered in Alabama on a convention, and for delegates, October 1, to continue three days. September 19 — A" like election ordered for Georgia, October 29, to continue three days. October 30 — Polls ordered to be kept open till 6 p. m., November 2. October 5 — A like election for Florida, Novem ber 14, to continue three days. October 18 — Convention declared carried in Alabama, names of delegates announced, and convention directed to meet in Montgomery, November 5. October 19 — Post and detachment command ers directed to furnish to the proper civil officers such military aid as may be needed to enable them to collect taxes imposed by the laws of the State. November 5 — Alabama Convention met ; ad journed December 6. November 7 — General Swayne ordered, for the purpose of securing to agricultural laborers pay ment for the labor of this year, a lien in their favor upon the crops grown on the farms on which they are respectively employed, said lieu to attach from date and be subordinate to prior liens. November 19 — Convention declared carried in Georgia, names of delegates announced, and Convention directed to meet in Atlanta, Decem ber 9. November 26 — Payment of expenses of Ala bama Convention by State treasurer authorized. December 9 — Georgia Convention met; ad journed March 11, 1868. December 20 — Election on Alabama constitu tion ordered for February 4, 1868, to continue four days. Lists of voters to be revised for four teen days prior to election. State officers and Representatives in Congress to be voted for at same time, as provided by the election ordinance. December 27 — All military organizations ex pressly prohibited ; and no parading of armed men permitted, except of United States troops. December 28 — Convention declared carried in Florida ; delegates announced, and called to meet at Tallahassee, January 20, 1868. 320 POLITICAL MANUAL. 1868, January 6 — General Meade assumed command. January 10 — The ordinance of the Alabama Convention, to stay the collection of debts, was announced as to.be deemed to have taken effect from this date, and continue in full force unless the pending'constitution should not,be accepted ; but if it be adopted, the ordinance to be valid till Congress shall act on the constitution. January 11 — State officers admonished not to interfere, under color of State authority, with the exercise of military authority in the States composing this district. January 12 — General Meade sent this. tele gram : " General U. S. .Grant : "Unless the pending hill in Congress, directingmUitary commanders tn fill all offices in the State under their com mand, rescinds the test"6uth and provides' for selection from qualified votors, I am informed its execution in this district will be entirely impracticable." January 13— This order was issued: " Charles J. Jenkins, Provisional Go.vernor, and Jno. Jones, provisional treasurer, of the State of .Georgia, having declined, to respect the instructions of and failed to co-operate with the major general commanding the.third military district, are here by removed from office." Brevet Brigadier Gen eral Thomas H. Ruger appointed Governor, and Brevet .Captain Charles F. Rockwell to be trea surer of Georgia. January 15 — Order issued, that the frequency of reporledoutrages, and- tbe accompanying ex pression of opinion, of subordinate officers, that no justice isto.be.expeetedfrom the civil author ities, require notice, and action on.the.partiof the major general .commanding, who instructs the military to co-operate with the civil in detecting ,and capturing criminals, but states that where the civil authorities fail to do their duty, he will take prompt action for the punishment of crim inals and the removal fromoffice of derelict civil officers. January. 16 — The- Georgia ordinance of relief, of December 12, 18G7, was announced as having taken effect,, till the .Convention take further action, or further orders are i.-sued. January 17 — John 'T.. Burns removed as comptroller, and Captain Charles Wheaton ap- , pointed his successor, who was also .appointed .secretary of, State, mce.N. C. Barnett, removed. January 20 — Florida Convention met ; ad journed February 25. January 29 — The Florida ordinance of re lief, of January 21, -1868, given .effect as in the case of Georgia. February .2— The order of, August 12 last .modified ,so as, to apply only to .such newapapers as attempt to obstruct in any mauner the .civil officers appointed by the .military, in the dis charge of their duty, by threats of violence, prosecution, or other penalty to be enforced as loon as military protection is. withdrawn February 3 — Registered voters may vote, any where in the State on constitution, on proof of -registration. February .4-— 8,114 less -than -half the regis-, tered vote of Alabama cast for the constitution. February 11 — The assistant commissioner of (freedmen's affairs urged freedmen to, make cbn- ,'. tracts for the present year, anil to disregard the, bad advice given them by others not to maks contracts but await relief from the Atlanta Con vention. February 22 — Imprisonment for debt in Geor gia prohibited, in accordance with an ordinance of the Convention. February 28 — All civil courts and officers whose duty it is to provide for the relief of pau pers, shall extend relief to all persons entitled to relief, as such, without any discrimination as to race or color. March 14 — An election ordered in Georgia, to commence April 20, 1868, to continue four days, on the ratification of the constitution adopted by the Convention ; State officers and Representatives in Congress to be voted for at same time. , March 16— An election ordered in Florida, first Monday, Tuesday, and Wednesday of May,,for like .purposes. , March 18 — In all the jails and other prisons, colored prisoners are to .receive the same food, in quality and quantity, as white prisoners, and the, sheriffs shall get thesame fees .for victualling all classes of prisoners. , March 26 — Freedmen being threatened with discharge, " for the purpose of controlling thejr votes, or of restraining them from. voting,'' bu reau .officers were directed by tbe superintend ent of, registration, E. Hulbert„.to report all cases of interference with their political rights. April 3 — General Meade, on .being applied to, expressed the opinion that Judge Irwin was.in- eligible for the governorship of Georgia. April 4, lie gave, tbe, opinion .that General John'B. ; Gordon was. eligible, under the acts of Congress. ' April 4 — General Meade issued an order, of ' which this is the first paragraph : "I. The recent assassination at Columbus,,.Ga., ,of the Hon. G. W. Ashburn, late a member of the Constitutional Convention of said State, and other acts of violence and atrocity committed about the same time in various. partB of this dis trict, and the simultaneous publication ef incen diary articles, and the receipt by. many persons of threatening letters, indicating a concert of action, by violence and injtimidation, to alarm and overawe alarge part ofthe papulation, and by this means affect the results of pending elec tions in this district, Lall of which , .acts .appar ently emanate from a secret organization,, for no good purpqse, which .seems to ba rapidly spreading .through these States, make it neces sary .for the commanding general J,o. warn all persons against the commission of such, acts, the publication of such articles, the sending of.auoh letters, or connecting, themselves with such evil organizations, and to assure all the good people of this district that he will nae. all, the powers he possesses to, protect them in the peaceable enjoy ment of their homes and property, and im tine exercise of their personal , rights, and political privileges. " Military and civil officers are directed to arrest and bring, to, trial persons .who. may ,print and circulate incendiary papers or, threatening letters; and conductors of newspapers and other print ing offices are prohibited from publishing articies tending to produce, intimidation, riot, ,or blood* shed ; public writers and speakers are enjoined DIGEST OF ORDERS, ETC. 321 to refrain from inflammatory appeals, and mili tary and municipal officers required to organize patrols to deteot such persons as availthemselves of the secrecy of the night for executing their criminal purposes. Good citizens are called on to aid in preserving the peace, and are admon ished that if intimidation and violence are not checked, bloody retaliation may be provoked." April 6— General Meade ordered an election in Georgia, April 20, for Governor, General As sembly, county officers, and Representatives in Fourth military District— Mississippi and Ar kansas. 1867, April 5 — Headquarters transferred to Vicksburg: April 13 — General orders or circulars of the assistant commissioner of refugees to be sub mitted, prior to promulgation, to General Ord. April 15 — No elections to be held for any purpose, till a registration of voters be made. Freedmen urged not to neglect their business to engage in political discussions, but to continue to provide for themselves and families, lest " a famine may come and they have no food." Due notice will be given of the times and places for registration. May 6 — Attentipn called to the prevalence of horse-stealing, and post commanders directed to exert themselves to break it up. May 13 — Instructions to registering officers directed the exclusion of all persons who held an office under the General Government prior to the war, and who afterwards engaged in or gave aid and comfort to rebellion. Registers not permitted to be candidates for Convention, or to make speeches, or electioneer for or against any candidate for office. June 12 — Sales of land, implements, stock, Ac, under authority of State courts, where the cause of action accrued prior to January 1, 1866, Btayed till December 30, 1867, to go into effect in Mississippi June 20, and in Arkansas June 30. Illicit distilling of corn into whiskey, prohib ited; property seized for violation of this order to be sold for the benefit of the poor. June 17 — A poll-tax having been imposed upon freedmen by the county boards of police in Mississippi, under Section II of the act of Legislature of November 24, I860,* "An act to amend the vagrant laws," it being, so far as it discriminates against freedmen, manifestly con trary to the civil rights act, all civil officers are forbidden to collect it. June 29— An order issued, reciting that, as mistaken ideas on the subject of registering and voting may spread or arise among tbe freedmen in this district, which, if not corrected, would tend to prevent them from registering and' Voting, Bub-district commanders will' direct the agents of the Bureau of Refugees, Freedmen, and Abandoned Tjands to visit every important plantation within their reach and instruct the freedmen upon these points. They and regis ters will inform the freedmen that" the registra tion, where their names have to be entered and an oath taken, is not for the purpose of impos ing any tax, or'h'olding them to any military or 21 * See page 80 of -Manual of 1868. other service, but simply to enable them to share equally with the white men in the privilege of choosing who shall hold office in the county, State, and United States wherein they reside, and that unless they register _they may be de prived of this privilege. Whenever freedmen are interfered with, threat ened or deprived of any advantage, place, or hire, on account of their registering or snowing a wish to register, they will be informed it is their duty to report, such interference or deprivation, so that the party offending may be dealt with ac cording to law. Registers and officers of the army throughout the district will report all such offenders to the assistant adjutant general at these headquarters, with the names of witnesses, date, and places given carefully, so that the of fence may be punished. July 29 — An order issued notifying all State and municipal officers that any attempt to ren der nugatory the action of Congress designed to promote the better government of the rebel States, by speeches or demonstrations at public meetings in opposition thereto, will be deemed sufficient c«.use for their summary removal. The same prohibition in regard to speeches will be applied to all officers holding appointments from these headquarters, and to officers of the army in this district August 13 — An order issued, that the general commanding having been credibly informed that in some instances land-holders within this dis trict are, without legal cause, but upon frivolous pretexts; driving off their laborers, with a view tp withhold their arrears of wages, or share in the growing crops', assistant commissioners of the Bureau of Refugees, Freedmen, and Aban doned Lands will instruct their subordinates carefully to investigate every such case whicn may come to their knowledge, affording all the parties a full hearing, so that, should the cir cumstances as developed disclose, on the part of the employers, cruel treatment of the laborer, or an attempt to defraud him of his wages, the of fender may be brought to trial before a military commission. Where laborers on the crop of 1866 have not been paid, the removal of the crop is prohibited till the claim can be adjusted by three referees, (one to be selected by each party and the third by them,) " the courts of the States in this dis trict not being open to persons too poor to give bonds." August 31 — It was held that an attorney or counsellor at law is not an officer in the sense of the acts of Congress relating to registration, and voting for secession -was giving aid and comfort to the enemies of the United States. September 6 — Where a person, indicted for a criminal offence, can prove by two credible wit nesses that he was a loyal man during tho re hellion, believes that h& cannot by reason ol that fact get a fair and impartial trial by jury, the court will not proceed to try the case, but the papers shall be transmitted to these headquar ters. As freed people bear their share of taxa tion, no denial to them of the benefit of those laws will be tolerated, and a refusal or negleot to .provide properly for colored paupers will b® treated as a ctejreliction 0f official duty. 322 POLITICAL MANUAL. September 9 — The aseembling of armed or ganizations or bodies of citizens, under any pre tence whatever, is prohibited. September 10 — Persons ,. .connected with the rebel armies, who have avoided taking the parole oath, will, within 30 days, report, and take it. September 26 — Registration having been com pleted, an election for or against a convention, and for delegates, will be held on the first Tues day in November. Judges and clerks of election to take the test oath ; registration to be revised for fourteen days prior to election ; sheriff of each county made responsible for good order; public bar rooms closed; no register, judge, or clerk, to be a candidate. September 27 — Election for convention or dered in Arkansas, first Tuesday in November. December 5 — It was .ordered that, in conse quence of stolen goods being Sold or delivered after dark, traders and all other parties are forbid purchasing ordelivering country supplies after Bunset till market hour in the morning, and making such sale or delivery a military offence. December 5 — A " Convention" declared car ried by a majority of the registered vote in each State. The delegates for Mississippi are called to meet at Jackson, on January 7, and of Ar kansas at Little Rock on January 7- All per- Bons not in the military service, and not properly engaged in executing the laws, are prohibited from carrying concealed weapons. December 12 — Whenever a citizen is arrested by the military, he will be at once furnished with a written copy of the charges. Writs of habeas corpus by United States courts will be in all cases obeyed and respected by all officers of the military service in this command. December 14 — Sheriffs and other peace officers are requested to be prepared, with the aid of the posse comitatws, to arrest, disarm, and confine ofienders against the peace and good order of the community; vagrancy and crime are to be suppressed. This order covered a proclamation of Governor Humphreys, of December 9, to this effect'. Whereas comminications have been received at this office, frim gentlemen of high official and social position in different portions of the State, expressing serious apprehensions that combinations «nd conspiracies are being formed among tlbe blacks, " to seize the lands and es tablish farm's, expecting and hoping that Con gress will arrange a plan of division and distri bution," '" biut unless this is done by January next, they will proceed to help themselves, and are determined to go to war, and are confident that:th<(y will ibe victors in any conflict with the whites," and iurnish names of persons and places ; -and Whereas similar communications have been received at headquarters fourth military district, and referred ito me for my action, and the co operation of the -civil authorities of the State, with -the United States military, in suppressing violence and maintaining order and peace — Now, therefore, I, Benjamin G. Humphreys, Governor of Mississippi, do issue this my proc lamation, admonishing 'the black race, that if any auch hopes or expectations are entertained, you kaue,.baen grossly deceived, and if any com binations or conspiracies have been formed, to carry into effect such purposes by lawless vio lence, I now warn you that you cannot suc ceed. Upon the reference of the papers referred to in this proclamation to General Ord, he, under date of November 2, instructed General Gillem to learn what white men have been advising the freedmen to take arms, seize lands, or do any other illegal act, and to instruct the leading freedmen that Congress has no intention to take land from the late masters for the benefit of former slaves. General Gillem ordered promptly to arrest all incendiaries. Gov. Humphreys, in hiB proclamation, admonished the whites that, as they prized constitutional liberty for them selves, they must accord to the black race the full measure of their rights, privileges, and liberties secured to them by the Constitution and laws of the land; that they must deal justly with the blacks, and in no case undertake to re dress wrongs, except in the mode and manner authorized by law. December 16 — It was declared that boards of arbitration for the protection of laborers, would be hereafter appointed only where a laborer may complain that his wages or share of the crop is wrongfully withheld from him, and where a landlord or merchant may complain that the planter has fraudulently assigned to the laborer an undue share of the crop, to the injury of the complainant. December 17 — All freedmen who are able will be required to earn their support during the coming year. Those who can, but will not work, will be liable to arrest as vagrants. December 19 — County courts in Arkansas di rected to make immediate provision for their poor. December 21 — Result of election in Arkansas on convention officially declared, and conven tion directed to assemble. 1868, January 7 — Arkansas Convention met; adjourned February 11. Same day — Mississippi Convention met; adjourned May 18. January 9 — An order was issued restoring to the civil courts of Mississippi the jurisdiction of general cases of horse-stealing, &c; though, should it appear that any person charged with this crime could not obtain an impartial trial by reason of his political sentiments or his race, the jurisdiction shall still remain in the hands of the military. January 27 — Hereafter all questions arising from settlements of crops, and generally the re lations of debtors and creditors of civil suitors, will be left to the proper civil courts, except such cases affecting the rights of freedmen, or others, as by acts of Congress are specially com mitted to the care of the Bureau of Refugees, Freedmen, and Abandoned Lands. February 4 — The general commanding re fused to issue an order for the relief of debtors, believing that the homestead and exemption laws of Mississippi placed every one beyond the necessity of sucn protection. February 14 — Election on constitution of Ar kansas, State officers, and Representatives in Congress, ordered for March 14. March 14 — Election held in Arkansas DIGEST OF ORDERS, ETC. 328 'April 13 — Remits to civil courts jurisdiction of any violation of the laws of tbe State of Mis sissippi in relation to carrying concealed weapons. May 19— An election was ordered to be held in Mississippi, June 22, on the ratification of the Constitution and for the election of members of Congress and State officers. June 4 — General McDowell assumed command of the department. June 16 — He removed Governor Humphreys of Mississippi and Attorney General Hooker, and appointed General Adelbert Ames military governor, and Captain Jasper Myers attorney general. Fifth Military District— Louisiana and Texas. March 28 — No elections will be held till the reconstruction laws shall have been, complied with. April 8 — An election in the parish of Living ston, Louisiana, annulled. ;, April 20 — Registration boards appointed. ,' Apr'l 27 — General Griffin, reciting that per sons disqualified by law are drawn to serve as jurors in the civil courts of Texas, directed that hereafter no person shall be eligible to serve as a juryman until he shall have taken the test- oath of July 2, 1862. The second section of the civil, rights act was published for the guid ance of officials authorized to impannel jurors. [General Griffin vindicated this order, May 29, stating it was not his intention to prescribe whether jurors should be white or black ; but to prevent the filling the jury-boxes with men of secession antecedents, inimical to the General Government, and hostile towards Union citizens, who were applying from all parts of the State for protection against the unjuBt action of the courts.] , May 2 — An.order issued, reciting that an act of the Legislature of Louisiana, of February 12, 1866, providing that officers and men of the po lice force of New Orleans shall read and write the English language, and have resided upwards of five consecutive years in the city, having been passed for the purpose of excluding ex-Union soldiers from the police force, and every ex-Union soldier had been discharged from it to make room for those of rebellious antecedents, so much of the act as requires the five years' residence was suspended, and a residence of two years adopted. The mayor, Edward Heath, ordered to adjust the police force so that at least one- half shall be composed of ex-Union soldiers. May 3 — New board of levee commissioners appointed. May 11 — Registration boards notified that false certificates of naturalization have been is sued from' some of the district courts of New Orleans, and to report them whenever found. May 16— The carrying of fire-arms in New Orleans prohibited except by those authorized or required by law to do so in discharging official duties. May 25— Collection of taxes in Texas levied during tho rebellion prohibited. June 3— The order appointing a new board of levee commissioners suspended, under President Johnson's directions. J. Madison Wells having made himself an impediment to the faithful exe cution of the reconstruction act, was removed as Governcir of Louisiana, and Thomas J. Durant appointed thereto. William Baker appointed street commissioner of New Orleans, in place of tho incumbent, removed for neglecting to keep the streets of the city clean. June 6 — Benjamin F. Flanders appointed Gov ernor, in place of Mr. Durant declined. June 10 — The act of the Legislature of Texas, October 11, 1866, passed to get rid of Judge Thomas H. Stribling and W.P. Bacon, Union men, because of their political opinions, was annulled. June 29 — Registration extended till furthet orders, by direction of President Johnson. July 19 — Registration ordered to cease on the 31st instant. July 27 — The old board of levee commission ers reinstated. July 30 — J. W. Throckmorton, Governor of Texas, removed as an impediment to reconstruc tion, and E. M Pease appointed. August 3 — Civil tribunals in Texas ordered to disregard an act of legislation, November 1, 1866, regulating contracts for labor. August 8 — Judge Edward Dougherty, 12tli district of Texas, removed for denying the su premacy of the laws of Congress, and Edward Basse appointed. August 17 — Election ordered in Louisiana on a convention and for delegates, September 27 and 28, the Convention to consist of 98 members. Commissioners of election ordered to do every thing requisite to secure a full and impartial expression of the opinions and wishes of the people through the ballot-box. August 22— General Griffin issued an order, at Galveston, that all distinctions on account of color, race, or previous condition, by railroads, or other chartered companies, that are common carriers, are forbidden in the district of Texas. August 24 — Registration being complete, no person not registered in accordance with law shall be considered " a duly qualified voter of the State of Louisiana." Only those duly regis tered are eligible, under the laws of Louisiana, as jurors; and the necessary revision of the jury lists is ordered to be made immediately, the State exemption from jury duty to remain in force. September 1 — General Sheridan relieved. September 6 — General Charles Griffin, upon whom the command temporarily devolved, tele graphed General Hartsuff, A. A. G., from Gal veston, to transact all business as if General Sheridan had remained in command and received his anticipated leave of absence. September General Joseph A. Mower as sumed command. September 17 — The assembling of armed men for political and other purposes, and posting them as sentinels or videttes, prevalent in vari ous parts of Louisiana, are prohibited. September 19 — All persons subject to parole, now domiciled in Louisiana and Texas, ordered to give their paroles within thirty days. September 28 — All persons duly registered in Texas, and no others, will be eligible as jurors. October 21 — Convention declared carried, and delegates ordered to meet in New Orleans No vember 23. 324 POLITICAL MANUAL November 16— Harry T. Hays removed as Sheriff of New Orleans, and George W. Avery appointed. November 12 — R. King Cutlerappointedjudge, in place of A. Cazabat, resigned. November 21 — Albert Voorhies removed aB Lieutenant Governor, and. several other State officers ; and, November 22, this order was sus pended. November 29 — General Winfield. S. Hancpck assumed command- He issued, this order : II. The general commanding is gratified to learn that peace and quiet reign in this depart ment. It, will be his purpose to preserve this cppdition of things. As a means tp this great end, he regards the maintenance of the civil authorities in the faithful execution of, the laws as the most efficient, under existing circum stances. In war it is indispensable to repel force by force, and overthrow and destroy opposition to lawful anthority. But when insurrectionary force has been overthrown and peace established, and the civil authorities are ready and willing to perform their duties, the military power should cease to lead, and the civil administra tion resume its natural and rightful dominion. Solemnly impressed witb these views, the gen eral announces that the, great principles of American liberty still are the lawful inheritance of this people and ever should be. The right of trial by jury, the habeas cprpus, the, liberty of the press, the freedom, of speech, and the natural rights of persons, and tbe rights of property,, must be preserved. Free institutions, while thpy are essential to the prosperity and happiness of the people, always furnish the strongest inducements to peace and order. Crimes andjoffenses committed, in this district must be referred, tp the consider- ation and judgment of the, regular, civil, tribu nals, and those tribunals w.ill be supported in their lawful jurisdiction. Should there be violations, of existing laws, which are not inquired into by the civil magis trates or should failures in the administration, of justice by the courts be complained, of. the cases will be reported to these headquarters, when such orders, will be made as may be deemed; necessary. While the-general thus indicates his purpose to respect the liberties of the people, he wishes all to understand that armed insurrections or forcible resistance to th;e law will be instantly suppressed by, arms. By command of .Major General ,W. S. Hancock. W. G." Mitchell, Bvt. Lieut. Col., Acting Assist. Adj't Gen. December 2 — R King Cutler's appointment as judge revoked; apd, December 3, A. Cazabat appointed. December, o^This order was, issued .by. General j Hancock : The true and proper use of military power, besides defending, the national honor against foreign nations, is to .uphold tbe laws .andciyil government, and to secure to every person re siding among us. th,e, enjoyment, of life, liberty, and property. It is accordingly made, by act of Congress, the duty of the commander of this. district to protect all persons in these rights, to suppress disorder anil violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, The commanding general has been ofliciallv informed that tbe administration of justice, and especially of criminal justice, in, the courts is clogged, if not entirely frustrated, by the en forcement of paragraph No. 2 of the military order numbered : Special Orders 125, current serieB, from these headquarters, issued on the 24th of August, A. D. 1867, relative to the qualifications of persons to be placed on the jury lists of the State of Louisiana. To determine who shall and who shall not be jurors appertains to the legislative power ; and until the laws in existence regulating this subje.ct shall be amended or changed by "that depart ment of the civil government, which the con stitutions of all the States under our republican system vest with that power, it is deemed best to carry out the will of the people as expressed in the last legislative act upon this subject. The qualification of a juror under the law is a proper subject for the decision of the courts. The commanding general, in the discharge of the trust reposed in trim, will maintain the just power of the judiciary, and is unwilling to per mit the civil authorities and laws to be embair-. rassed by military interference; and as it is an established fact that the administration of justice in the ordinary tribunals, is greatly embarrassed by the operations of Paragraph No. 2, Snecial Orders No. 125, current series, from these lieadr. quarters, it is ordered that saidparagraph;which relates to the qualifications of jurors to be -placed, on the jury-lists of the State of Louisiana, be, and the same is hereby, revoked, and that the- trial by jury be henceforth regulated and con trolled by the Constitution and civil laws, with out regard to any military, orders; heretofore is sued from these headquarters. December 18---Election ordered in Texas on a convention, and for delegates, February 10, 11, 12, 13, and 14, 1868. 1868, January 1— General Hancock issued this order : Applications have been made at these head quarters implying the existence of an arbitrary authority in the commanding general touching purely civil controversies. One petitioner so licits this action, another that, and ¦¦ each refers to some special consideration of grace or favor, which, he supposes to exist and which shonld-in- fiuence this department. The number of such applications, and the waste of time they involve, make it necessary to declare that the adminis tration of civil justice appertains to -the regular Courts. The rights of litigants do not depend on tho views of the general. They are to be ad- judgediaud settled according to the laws. Arbi trary power, such as he has been urged to as sume, has no existence here. It is not, found in the la,wa of Louisiana or Texas. It cannot be derived from any act or acts of Congress. It is restrained by a. constitution, and prohibited from action in many particulars.. The major general commanding takes occasion to repeat that, while disclaiming judicial fune- (tions in civil cases, he can suffer" no forcible re?- DIGEST OF ORDERS, ETC. 325 sistunce to the execution of processes of the courts. By command of Major General Hancock. G. L. Hartsuff, A. A. G. January 2 — Mr. Joshua Baker appointed Gov ernor in place of Hem. B. F. Flanders, resigned. January 8— Mr. Ijpfcer took the oath of office as Governor of Louisiana. In May, 1807, General Sheridan distributed memoranda of disqualifications, and questions to be proposed for the registers. Their sub stance was to dedare disqualified all who had acted as United States Senators or Representa tives, electors, officers of the army and navy, civil officers of the United States, and all State officers provided for by the constitution of the State prior to January. 26, 1861, who had after wards engaged in the rebellion, and all who, in 1862 and 1864, claimed protection of foreign Power's. If any person applying to be regis tered, having held such Office, declared that he had been engaged in the rebellion, or if the reg isters knew them to have been so, they must not be registered. On the 11th of January, 1'868, General Han cock set aside these memoranda, declaring that he dissented from the construction given to the reconstruction laws therein, inasmuch as it ap plied to the officers of municipal and charitable corporations, which Were not included in the act of March 23, 1867, and whose "exclusion is di rectly contrary to that of July 19. Orders the registers to be guided by their own interpreta tion of the laws and the XIV th Constitutional Amendment. February 7 — For proceeding to hold an elec tion, in Contetnpt Of ordors from headquarters, Certain members of the board of aldermen of New Orleans were removed and others appoint ed in their place. February 27 — The preceding order was re voked by direction of General Grant. March 11 — Election ordered in Louisiana on April 17 and 18, on the constitutipn adppted by the Convention. March 13 — It was decided that a pardon did not entitle a person to be registered, if he would have been disqualified without the pardon. March 25 — Election ordered for State officers and Representatives in Congress at the same time with the vote on the constitution. May 13 — The result of the electien declared, 17,413 majority for the constitution. June 2— The names of the members of the General Assembly, State officers, parish officers, and judicial officers were announced. TheGen- eral Assembly Was forbidden to convene till the commanding general was officially notified of the acceptance by Congress of the constitution. after which he would appoint a day for their meeting to act on the XlVth constitutional amendment. The civil government hereby provided for is provisional in its character until after the adoption Of the' XlVth constitutional amendment. Article 158 of the new constitu- E tion of the State provides that the terms of office of all civfl officers elected under it shall date from the first Monday in November follow ing the election. Therefore, the officers whose eleotion is herein announced will only enter upon and hold their offices from that date. A vacancy occurring in any office in the meantime will be filled preferably by the person who has been elected to it. If any of the officers whose election is hereir announced shall be disqualified on the first Mon day in November, 1868, to hold office, the in cumbent at that date will hold over until the disability .shall have been removed or a, new election held. June 6 — The municipal officers choseu were announced and ordered to be installed in New Orleans on the 10th inst., and in other places on the seventh day after the receipt of the order. June 6 — The chairman of tbe board of regis tration, S. B. Packard, issued a proclamation reciting the provisons of the constitution requir ing all civil officers to enter on their duties on the second Monday after the official promul- eation of the election returns, and requiring the eneral Assembly to>meet on the third Monday after such promulgation ; declaring that the commanding general had violated such pro vision, and that to the board of registration had been delegated by the Convention the power to inaugurate the new State government; notifies all officers to take possession of their offices, and the General Assembly to meet, on the days above named. - The same day Mr. Packard was arrested, but released on recognizance to appear before a mili tary commission to be immediately organized. June 8 — General Grant telegraphed to General Buchanan as follows: In view of the legislation now pending relative to the admission of Louisiana, I would suggest suspen sion of all action in case of Packard's arrest and trial. TJ. S. Grant, General. Same day— General Buchanan accordingly announced a suspension of arrest and further action respecting Packard and the other mem bers of the board of registration. June 16 — The Constitutional Convention of Texas passed a resolution urging upon "Congress the necessity of authorizing the organization by that body of a military force in the several counties of Texas, to act in conjunction with, and under the direction of, the military com mander therein, for the protection of the lives and property of the citizens now every day being preyed upon by assassins and robbers to an extent unparalleled in the history of civil ized communities in times of peace, and which, if not speedily arrested, must result in the de struction of social order ; and that if protection be not speedily provided in some form by the national Government to the loyal and law-abid ing citizens of Texas, they will be compelled, in the sacred right of self-defence, to organize for their own protection XXVIII. ABSTRACTS OF THE NEW CONSTITUTIONS OP MARYLAND AND NEW YORK, ALABAMA, ARKANSAS, FLORIDA, LOUISIANA, GEOR- GIA, NORTH CAROLINA, SOUTH CAROLINA, VIRGINIA AND MISSISSIPPI. Constitution of Maryland adopted in 1867. In the declaration of rights are the following : That the people of this State have thesole and xclusive right of regulating the internal gov ernment and police thereof, as a free, sovereign, and independent State. That the levying of taxes by the poll is griev ous and oppressive, and ought to be prohibited ; that paupers ought not to be assessed for the support of the government. That slavery shall not be re-established in ' this State ; but having been abolished under the policy and authority of the United States, com pensation in consideration thereof ia due from ' the United States. That no religious test ought ever to be re quired, as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God ; nor shall the Legislature prescribe any other oath of office than the oath prescribed by the constitution. All elections by ballot ; voters are white male citizens of the United States, twenty-one years of age and upwards, who have resided in the State one year and six months in the district in which he offers to vote. Sec. 5 provides a uni form registration of voters. Sec. 6 fixes the oath of office to support the Constitution of United States, and bear true allegiance to the State of Maryland, and support its constitution and laws, &c. Art. 2, sec. 17 gives governor the veto power ; a three-fifths vote of the members elected to each house necessary to pass a bill over the veto. Art. 3, sec. 3, gives each county a senator, and Baltimore city 3, one for each district. Allegany county, till the next census, is to have five dele gates in the house of delegates; Anne Arundel, 3; Baltimore county, 6 ; Baltimore city 18, elect ed in three districts; Calvert, 2; Caroline, 2; Carroll, 4; Cecil, 4; Charles, 2; Dorchester, 3 ; Frederick, 6; Harford, 4; Howard, 2; Kent, 2; Montgomery, 3; Prince George's, 3; Queen Anne's, 2; St. Mary's, 2; Somerset, 3; Talbot, 2; Washington, 5; Worcester, 3. Sect. 4 pro vides that after the next census each county with a population of 18,000 souls, or less, shall have two delegates ; of 18,000 and less than 28,000, 3 ; of 28,000 and less than 40,000, 4 ; of 40,000 and less than 55,000, 5 ; of 55,000 and upwards, 6, and each of the legislative districts of Balti more shall have a number of delegates equal to the largest county. The term of senators is fixed at four years and delegates two. Three years' citizenship in Maryland necessary to make a per son eligible as senator or delegate. Art. .4, sec. 28, requires a majority of the whole number of members elected to each house to pass a bill, and by yeas and nays. Sec. 37 is in these words: The general assembly shall pass no law providing for payment by this State for slaves emancipated from servitude in this State; but they shall adopt such measures as they may deem expedient to obtain from the United States compensation for such slaves, and to receive and distribute .the same equitably to the persons entitled. Sec. 41 disqualifies from office of profit or trust any person fighting a duel or participating as second, or knowingly aiding or assisting. those offending. Sec. 43 protects the property of the wife from the debts of her husband. Sec. 44 protects $500 worth of property from execution. See. 46 is in these words : The general assembly shall have power to leceiye from the United States any grant or donation of land, money, or securities for any purpose designated by the United States, and shall administer or distribute the same according to the conditions of the said grant. Sec. 53 provides that no person shall be in competent, as a witness, on account of race or color, unless hereafter so declared by act of gen eral assembly. Sec. 55 prohibits the general assembly from passing any law suspending the privilege of the writ of habeas corpus. Constitution of the State of New York, Adopted in convention, but not yet submitted for ratification. i The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases, Of rebellion or invasion, the public safety may re quire its suspension. ¦;; Every male inhabitant, of the age of twenty- one years, .who shall have been a citizen for ten days and a resident of the State for one yeiir next preceding an election, and for the last four months a resident of the county where he msiy .offer his vote, shall be entitled to vote at sufili election in the election district of which he shall be at the time a resident, and not elsewhere, for all officers that now are or hereafter , may be elective by the people, and upon all questions which may be submitted to the vote of the people of the State ; provided that such citizen shall have been for thirty days next preceding the election a resident of the town or wa,rd, and,. for ten days, of the election district in which he of fers his vote. Registration of voters authorized. Thiity- two senators, and one hundred and thirty-nine assemblymen. No bill shall pass except upon the assent of a majority of the members elected to each house. Governor has veto, with two- thirds vote of members elected necessary to re pass the vetoed bill. Legislature shall not au thorize the consolidation of railroad corporations owning parallel or competing lines of road. No law shall be passed authorizing or sanctioning' the suspension of specie payments. All able- bodied male citizens, Detween eighteen and forty- five, shall be annually enrolled, as a militia ABSTRACTS OF CONSTITUTIONS. 327 force, to be divided into active and reserve lorces — the active to be called the National Guard of the Stale of New York, and not to exceed, in peace, thirty thousand men. Constitution of Alabama. Adopted in convention, November 5, 1867, voted on by the people, February 4, 1868. The declaration of rights provides that all persons resident in the State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are citizens of the State, pos sessing equal civil and political rights and public privileges. Freedom of speech and press is guaranteed, with responsibility for its abuse ; also the right to bear arms in defence of himself and the State. Prohibits any form of slavery or involuntary servitude except as pun- ishmentfor crime. Asserts that the State has no right to sever its relations to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the Government of the United States. The president of the senate and speaker of the house shall hold their offices until their successors shall be qunlified. The legislature has power to suppress duelling. The State shall not engage in any internal improvements. The governor has the veto power, but a majority of the whole number of members of each house may pass a bill over the veto. The governor Bhall have a pardoning power in all cases except treason, but his pardon shall not relieve from civil or political disability. Art. 7, sec. 2. — Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upwards, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector; provided that no soldier, or sailor, or marine, in " the military or naval service of che United States, shall hereafter acquire a residence by reason of being stationed on duty in this State. Sec. 3. It shall be the duty of the general as sembly to provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to regis ter, vote, or hold office : 1st. Those who, during the late rebellion, inflicted, or caused to be in flicted, any cruel or unusual punishment upon any soldier, sailor, marine, employ^, or citizen of the United States, or who, in any other way, Violated the rules of civilized warfare. 2d. Those who may be disqualified from holding office by tbe proposed amendment of the Constitution of the Unitedi States, known as " Article XIV," and those who have been disqualified from regis tering to vote for delegates to the Convention to frame a constitution for the State of Alabama, under the act of Congress "to provide- for the more efficient government of the rebel States," passed by Congress March 2, 1867, and the acts sunplementary thereto, except such persons as aided in the reconstruction proposed by Con gress, and accept the political equality of all men before the law ; provided, that the general assembly shall have power to remove the dis abilities incurred under this clause. 3d. Crimi nals. 4th. Idiots and insane persons. All persons, before registering, must take and subscribe the following oath : I, , do solemnly swear (or affirm) that I will sup port and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Alabama; that 1 am not excluded from registering by any of the clauses in sec. 3, article 7, of the constitu tion of the State of Alabama ; that I will never counte nance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men ; and agree not to attempt to de prive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by"any other class of men; and, furthermore, that I will not in any way injure, or countenance in others any attempt to in jure, any person or persons on account of past or present support of the Government of the United States, the laws of the United States, or the principle of political and civil equality of all men, or for affilia tion with any political party. The militia shall consist of all able-bodied male inhabitants between eighteen and forty- five, to be divided into two classes, volunteer and reserve. The common schools and other educational institutions shall be under the man agement of a board of education. Certain funda are inviolably appropriated to educational pur poses. One fifth of the annual revenues of the State shall be devoted exclusively to the main tenance of public schools, the whole tax on real and personal property not, however, to exceed two per cent, of the assessed value. Corpora tions to be formed under general laws. Personal property to the value of $1,000 to be exempted from sale on execution for debt hereafter con tracted ; also every homestead in the country, not exceeding eighty acres of land, and the dwelling and appurtenances thereon ; or, in lieu thereof, a lot in a city, town, or village, with the appurtenances thereon, and occupied by the owner, not exceeding $2,000 in value, Buch ex emption not to extend to any mortgage lawfully obtained. Constitution of Arkansas. Adopted by convention February 11, 1868, and ratified by the people March 13, 1868. It provides, among other things, that the par amount allegiance ot every citizen is due to the Federal Government, in the exercise of all its con stitutional powers, as the same may have been or may be defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the United States. The equality of all persons before the law is recog nized and shall ever remain inviolate ; nor shall any citizen ever be deprived of any right, privi lege, or immunity, nor exempted from any bur den or duty, on account of race, color, or previous condition. The general assembly shall not grant to any citizen or class of citizens privileges or immu nities which, upon the same terms, shall not equally belong to all citizens. No religious or property test shall be required for voting or holding office. Se« 25 declares null and void the ordinance 328 POLITICAL MANUAL. of secetsion, and all action of the State under its constitution of 1861, and the State debt then incurred shall not be recognized as obligatory. No citizen of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless the same is done by the law of the land, or the judgment of his peers, except as hereinafter provided. There shall be neither slavery nor involuntary servitude, either by indentures, apprenticeships, or otherwise, except as a punishment for crime. The general assembly shall have no power to make compensation for emancipated slaves. Taxes limited to two per cent, of assessed value. Every male person born in the United States, and every male person who has been naturalized, or has legally declared his intention to become a citizen of the United States, who is twenty-one years old or upwards, and who shall have resided in the State six months next preceding the elec tion, and who at the time is an actual resident of the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector. Art. 8. Sec. 3. Tbe following classes shall not be permitted to register or hold office, viz: First. Those who during the rebellion took the oath of allegiance, or gave bonds. for loyalty and good behaviour to the United States Gov ernment, and afterwards gave aid, comfort, or countenance to those engaged in armed hostility to the Government -of the United States, either by becoming a soldier in the rebel army, or by entering the lines of said army, or adhering in any way to the cause of rebellion, or by accom panying any armed force belonging to the rebel army, or by furnishing supplies of any kind to the same. Second. Those who are disqualified as electors, or from holding office in toe State or States from which they came. Third. Those persons who during the late re bellion violated the rules of civilized warfare. Fourth. Those who may be .disqualified by the proposed amendment to the Constitution of the United States, known as Article XIV, and those who have been disqualified from register ing to vote for delegates to the convention to frame a constitution for the State of Arkansas, under the act of Congress entitled " An act to provide for the more efficient government of the rebel States," passed March 2d, 1867, and the acts supplemental thereto. Fifth. Criminals. Sixth. Insane. Provided, that all persons included in the 1st, 2d, 3d and 4th subdivisions of this section, who have openly advocated or who have voted for the reconstruction proposed by Congress, and accept the equality of all men before the law, shall be deemed qualified electors under this constitution Seo. 4. The general assembly shall have power, by a two thirds vote of each house, approved by the governor, to remove the disabilities in cluded in the 1st, 2d, 3d and 4th subdivisions of section three, of this article, when it appears that such person, applying for relief from such disabilities, has in good faith returned to his al legiance to the Government of the United StateB ; provided, the goneral assembly shall have no power- to remove the disabilities of any person embraced in the aforesaid subdivisions who, af ter the adoption of this constitution by the con vention, persists in opposing the acts of Congress- and reconstruction thereunder. All persons before registering or voting must take and subscribe the following oath : I, , do solemnly swear (or affirm) that I will support and maintain the Constitution and laws ofthe United States, and the constitution and laws of the State of Arkansas ; that I am not excluded from regis tering or voting by any of the clauses in the first, sec ond, third, or fourth subdivisions of Article VIII of the constitution of the State of Arkansas ; that I will never countenance or aid in the secession of this State from the United States ; that I accept the civil and political equality of all men, and agree not to at tempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by any other class of men ; and, furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons on account of past or present support of the Government of the United States, the laws of the United States, or the principle of the political and civil equality of all men, or for affiliation with any political party. All contracts for the sale or purchase of slaves are null and void, and no court of this State shall take cognizance of any suit founded on such contracts ; nor shall any amount ever be collected or recovered on any judgment or de cree which shall have been, or whioh hereafter may be, rendered on account of any such con tract or obligation on any pretext, legal or Otherwise. A system of free schools shall be established, for the gratuitous instruction of all persons be tween 5 and 21 years, the funds to be distributed to the counties in the proportion of persons be tween those ages. Certain funds are set apart to be Bacredly preserved as a public school fund; also, a per capita tax of $1 on every male in habitant over twenty-one, to be collected for the support of free schools and a university, the resi due required to be furnished from the State trea sury. The general assembly shall require by law that every child of sufficient mental and physical ability shall attend the public schools for a term equivalent to three years, between the ages of 5 and 18 years, unless educated by other means. Public schools to be open not less than three months in a year. No poll tax to be levied ex cept for Bchool purposes. ¦ All able-bodied electors liable to military duty. Personal property to the value of $2,000 to be exempt from sale for debt hereafter contracted. Homestead of a mar ried man or head of a family not to be encum bered except for taxes, laborers' and mechanics' liens, and securities for the purchase-money thereof; a country homestead of 160 acres and a town property of $5,000 to be exempt, with similar exceptions as above. Only qualified electors shall be jurors. Indentures not to be valid, being for more than one year, except in the case of apprenticeships. Persons disqualified herein shall not vote for candidates, nor upon the ratification of the constitution. The judges of election shall administer to every voter the oath prescribed in the constitution. Constitution of Florida. Adopted by Convention February 25, 1868, and ratified by the people May 6, 1868. ABSTRACTS OF CONSTITUTIONS. 329 It provides, among other things, that slavery shall not exist. This State shall ever remain a -member of the American Union, the people thereof a part of the American nation, and any attempt, from whatever source or upon whatever pretence, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State. It is the paramount duty of the State to make ample provision for the education of all the ¦children residing within its borders, without dis tinction or preference. Every male person of the age of 21 years and upwards, of whatever race, color, nationality, or previous condition, or who shall, at the time of offering to vote, be a citizen of the United States, or who shall have declared his intention to be come such in conformity to the laws of the United States, and who shall have resided and had his ¦habitation, domicil, home, and place of perma nent abode in Florida for one year, and in the county for six months, next preceding the elec tion at which he shall offer to vote, shall in such county be deemed a qualified elector at all elections under this constitution. Every elector shall, at the time of his registration, take and subscribe to the following oath : , do solemnly swear that I will support, I, protect, and defend the Constitution and Government of the United States^ and the constitution and govern ment of Florida, against all enemies, foreign or domes tic ; that I will bear true faith, loyalty, and allegiance to the same, any ordinances or resolution of any State convention or legislation to the contrary notwithstand ing. So help me God. Lotteries are prohibited. No person who is not a qualified elector, or any person who shall have been convicted of bribery, forgery, perjury, larceny, or other high crime, unless restored to civil rights, shall be permitted to serve on juries. The governor has the veto, subject to the subse quent action of two-thirds of each house. Grand ahd petit jurors shall be taken from the regis tered voters of their respective counties. A com mon school fund provided for, of which a tax of not less than one mill on all taxable property is a part. Homestead exemption provided. All able-bodied male inhabitants between 18 and 45, who are citizens of the United States, or have declared their intention to become so, shall constitute the militia. The legislature shall enact laws requiring ed ucational qualifications for electors after the year 1880, but no such laws shall be made applicable to any elector who may have registered or voted at any election previous thereto. Confederate and State war debt repudiated. All contracts in consideration of slaves declared null. Governor 'has the appointment, with the consent of the senate, of the judges of the su preme court, circuit judges, secretary of state, and like State officers, and he has the absolute appointment of justices of the peace. All ordinances and resolutions heretofore pass- Co by any convention df the people, and all acts and resolutions of the Legislature conflicting or Inconsistent with the Constitution of the United States and the statutes thereof, and with this con stitution, and in derogation of the existence or Position of the State as one of the States of the United States of America, are hereby declared ami and void, and of no effect. Recognizes all laws and acts of the rebel State government not inconsistent with tha Constitu tion and laws of the United States or this con stitution. * Article 16, sec. 1, disables any person from holding office who is disabled by the 14th con stitutional amendment, subject to the removal of such disability by Congress. The following shall be the oath of office for each officer in the State, including members of the legislature: I do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida, against all enemies, domestic ot foreign, and that I will bear true faith, loyalty, and allegiance to the same, and that I am entitled -to hold office under this constitution. That I will well and faithfully perform all the duties ofthe office of , on which I am about to enter. So help me God. There shall be no civil or political distinction in this State on account of race, color, or previous condition of servitude, and the legislature shall have no power to prohibit, by law, any class of persons on account of race, color, or previous condition of servitude, to vote or hold any office, beyond the conditions prescribed by this consti tution. Ordinances were adopted by the Convention declaring it unlawful for any sheriff or other officer to sell, under execution or other legal pro cess, any property, real or personal, and any sale so made shall be void. Suit's, decrees, &c, made during the war in the courts, against a person absent from the- State, are annulled. So much of the act of January 16, 1866, as levied a tax of one dollar upon each colored male between twenty-one and fifty-five was repealed. County criminal courts abolished, and duties transferred to circuit courts. Constitution of Louisiana. Adopted by Convention March 2, 1868, and ratified by the people April 18, 1868. Provides, among other things, that slavery Bhall not exist. All persons, without regard to race, color, or previous condition, born or naturalized in the United States, and subject to the jurisdiction thereof, and residents of this State for one year, are citizens of this State. The citizens of this State owe allegiance to the United States ; and this allegiance is paramount to that, which they owe to the State. They shall enjoy the same civil, political, and public rights and privileges, and be subject to the same pains and penalties. All persons shall enjoy equal rights and priv; ileges, upon any conveyance of a public charac ter, and all places of business, or of public re sort, or for which a license is required by either State, parish, or municipal authority, shall be deemed places of, a public character, and shall be opened to the accommodation and patronage of all persons, without distinction or discrimination on account of race or color. Every elector shall be eligible to a seat in the House of Representa tives and to the Senate, if twenty-five years old; and he shall be eligible to any municipal office. Every male person, of the age of twenty-one years or upwards, born or naturalized in the United States, and subject to the jurisdiction. thereof, and a resident of this State one year next preceding an election, and the last ten days 330 POLITICAL MANUAL. within the parish in which he offers to vote, shall be deemed an elector, except those disfranchised by this constitution, and persons under interdic tion. ' The following persons shall be prohibited from voting and holding any office : All persons who shall have been convicted of treason, perjury, forgery, bribery, or other crime punishable in the penitentiary, and persons under interdiction. All persons who are estopped from claiming the right of suffrage by abjuring their allegiance to the United States Government, or by noto riously levying war against it, or adhering to its enemies, giving them aid or comfort, but who have not expatriated themselves, nor have been convicted of any of the crimes mentioned in the first paragraph of this article, are hereby restored to the said'right, except the following: Those who held office, civil or military, for one year or more, under the organization styled " the Con federate States of America;" those who regis tered themselves as enemies of the United States ; those who acted as leaders of guerrilla bands during the late rebellion ; those who, in the ad vocacy of treason, wrote or published newspaper articles or preached sermons during the late rebellion ; and those who voted for and signed an ordinance of secession in any State. No per son included in these exceptions shall either vote or hold office until he shall have relieved himself by voluntarily writing and signing a certificate setting forth that he acknowledges the late rebel lion to have been morally and politically wrong, and that he regrets any aid and comfort he may have given it ; and he shall file the certificate in the office of the secretary of State, and it shall be published in the official journal: Provided, That no person who, prior to the 1st of Jan uary, 1868, favored the execution of the laws of the United States popularly known as the recon struction acts of Congress, and openly and ac tively assisted the loyal men of the State in their efforts to restore Louisiana to her position in the Union, shall be held to be included among those herein excepted. Registrars of voters shall take the oath of any such person as prima facie evi dence of the fact that he is entitled to the ben efit of this proviso. Members of the General Assembly and all other officers, before they enter upon the duties of their offices, shall take the following oath or affirmation : I, (A. B.) do solemnly swear (or affirm) that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any Eolitical or civil right, privilege, or immunity enjoyed y any other class of men; that I will support the constitution and laws of the United States, and the sonstitution and laws of this State, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my ability and understanding: so help me God, No liability, either State, parochial, or muni cipal, shall exist for any debts contracted for or in tbe interest of the rebellion against the United States Government. Thereshall be no property qualification fore offic. All agreements, the consideration of which was Confederate money, notes, or bonds, are null and void, and shall not be enforced by the courts of this State. Contracts for the sale of persons are null and void. The State of Louisiana shall never assume nor pay any debt or obligation contracted or incurred in aid of the rebellion; nor shall this State ever, in any manner, claim from the United Stages, or make any allowance or compensation for slaves emancipated or liberated in any way whatever. All contracts by which children were bound out without the knowledge or consent of their parents are null and void. There shall be at least one free public school in each parish, for children between six and twenty-one, who shall be admitted to the pub lic schools or other institutions of learning sus tained or established by the State in common, without distinction of race, color, or previous condition. And no municipal corporation shall make rules contrary to the spirit and intention. of this article. Public school fund provided for, of which one half of the poll-tax is a part. The militia are all able-bodied male citizens, between eighteen and forty-five. The ordinance of secession of the State of Louisiana, passed 26th of January, 1861, is hereby declared to be null and void. The con stitution adopted in 1864, and all previous con stitutions in the State of Louisiana, are declared to be superseded by this constitution. An election for State officers provided for April 17 and 18, at the same time with the vote on the constitution. All civil officers thus elected shall enter upon the discharge of their duties on the second Monday after the return of their election shall have been officially promul gated, or as soon as qualified according to law, and shall continue in office for the terms of their respective offices herein prescribed, said terms to date from the first Monday in November follow ing the election. The Legislature shall meet in New Orleans on the third Monday after the pro mulgation aforesaid, and proceed, after organiza tion, to vote upon the adoption of the XlVth Amendment to the Constitution of the Uoited States. Constitntion of Georgia. Adopted by Convention, Miirch 11, 1868, and ratified by the people, April 20, 1868. Pro vides, among other things, that slavery shall not exist. All persons born or naturalized in the United States, and resident in this State, are hereby declared citizens of this State, and no laws shall be made or enforced which shall abridge the privileges or immunities of citizens of the United States, or of this State, or deny to any person withiu its j urisdiction the equal protection of its laws. And it shall be the duty of the General Assembly, by appropriate legislation, to protect every person in the due enjoyment of the rights, privileges, and immunities guaranteed in . this section. The State of Georgia shall ever remain a mem ber of the American Union ; the people thereof are a part of the American nation; every citizen thereof owes paramount allegiance to the Con stitution and government of the United States, and no law or ordinance of this Sfcatfc, in contra" ABSTRACTS OF CONSTITUTIONS. 331 veDtion or subversion thereof, shall ever have any binding force. Electors shall, in all cases except treason, felony, or breach ofthe peace, be privileged from arrest for five days before an election, during the election, and two days subsequent thereto. The social status of the citizens shall never be the subject of legislation. The power of the courts to punish for contemptehall Delimited by legislative acts. No imprisonment for debt. Whipping, as a punishment for crime, prohibited. No poll-tax to be levied except for educational purposes, and it not to exceed $1 annually on ; each poll. Every male person, born in the United States, and every male person who has been natural ized,, or who has legally declared his intention to become a citizen of the United States, twenty- one years old or upward, who shall have resided in this State six months next preceding the elec tion, and shall have resided thirty days in the county in which he offers to vote, and shall have paid all taxes which may have been re quired of him. and which he may have had an opportunity of paying, agreeably to law, for the -year next preceding the election, (except as hereinafter provided) , shall be deemed an elector ; and every male citizen of the United States, of the ,, age aforesaid, (except as hereinafter provided,) who may be a resident of the State at the time of the adoption of this constitution, shall be -deemed an elector, and shall have all the rights of an elector, as aforesaid : Provided, That no rsoldier, sailor, or marine in the military or na val service of the United States Bhall acquire the rights of an elector by reason'of being stationed on duty in this State ; and no person shall vote, who, if challenged, shall refuse to take the fol lowing oath : "I do swear that I have not given, or received, nor do I expect to give, or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or ex pected to be affected, at this election ; nor have I .-given or promised any reward, or made any ;threat, by which to prevent any person from voting at this election." Every Senator or Representative, before tak ing his seat, shall take, an oath or affirmation ,to support the Constitution of the United States, and of this State ; that he has not practiced any unlawful means, directly or indirectly, to pro cure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which he was elected. ', ( The Governor has the veto powei, subject to a two thirds vote of each House. , All contracts made, and not executed, during the late rebellion, in aid of it, are annulled. 'Common school fund provided for. Militia to ! be all able-bodied males, between eighteen and forty^five. Each head of a family, or guardian or trus tee of a family of minor children, shall be en titled to a homestead of realty to the valae of two thousand dollars, in specie, and personal property to tho value of one thousand dollars, in specie, both to be valued at the time they are set apart. The laws of general operation in force in this State are : 1. As the supreme law — the Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. 2. This constitution. 3. Acts of rebel legislation not inconsistent with the Constitution and laws of the United States. The following sections are those referred to in the action of Congress on the restoration of the State : Section XVII — I. No court in this State shall have jurisdiction to try or determine any suit against any resident of this State upon any contract or agreement made or implied, or upon any contract made in renewal of any debt ex isting prior to the 1st day of June, 1865. Nor shall any court or ministerial officer of this State have authority to- enforce any judgment, execution, or decree rendered or issued upon any contract or agreement made or implied, or upon any contract in renewal of a debt existing prior to the 1st day of June, 1865, except in the fol lowing cases : 1 In suits against trustees, where the trust property is in the hands of the trustee, or has been invested by him in other specific effects now in his hands, and in suits by the vendor of real estate against the vendee, where not more than one-third of the purchase-money has been paid, and the vendee is in possession of the land or specific effects for which he has sold it, and he refuses to deliver the land or said effects to the vendor. In such cases, the courts and officers may entertain jurisdiction and enforce judg ments against said trust-property, or land, or effects. 2. In suits for the benefit of minors by trus tees appointed before tbe 1st day of June, 1865. 3. In suits against corporations in their cor porate capacity, but not so as to enforce the debt against the stockholders or officers thereof in their individual capacity. 4. In suits by charitable or literary institu tions for money loaned, property — other than slaves — sold, or services rendered by such insti tutions. 5. In suits on debts due for mechanical or manual labor, when the suit is by the mechanic or laborer. 6. In cases when the debt is set up by way of defence, and the debt set up exceeds any debt due by defendant to plaintiff, of which the courts are denied jurisdiction. 7. In all other cases in which the General As sembly shall by law give the said courts and officers jurisdiction : Provided, That no court or officer Bhall have, nor shall the General Assem bly give, jurisdiction or authority to try or give judgment on or enforce any debt, the considera tion of which was a slave or slaves, or the hire thereof. III. It shall be in the power of the General Assembly to assess and collect upon all debts, judgments, or causes of action when due, founded on any contract made or implied before the 1st 332 POLITICAL MANUAL. day of June, 1805, in the hands of any one in his own right, or trustee, agent, or attorney of another, on or after the 1st day of January, 1868, a tax of not exceeding twenty-five per cent., to be paid by the creditor, on pain of the forfeiture of the debt, but chargeable by him as to one-half thereof against the debtor, and col lectable with the debt : Provided, That this tax shall not be collected if the debt or cause of action be abandoned or settled without legal process, or, if in judgment, be settled without levy and sale : And provided further, That this tax shall not be levied so long as the courts of ithis State shall not have jurisdiction of such debts or causes of action. Constitution of North Carolina. Adopted by Convention March 16, 1868, and ratified by the people April 23, 1868. Provides, among other things: Sec. 3. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their constitution amd form of government, whenever it may be . necessary to their safety and happiness; but' every such right should be exercised in pursu ance of law, and consistently with the Constitu tion of the United States. Sec. 4. That this State shall evef remain a member of the American Union; that the people thereof are part of the American nation ; that there is no right on tbe part of this State to se cede, and that all attempts, from whatever source or upon wbatever-pretext, to dissolve said Union, or to sever said nation, Ought to be re sisted with the whole power of the State. Sec. 5. That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion tbereof can have any binding force. Seo. 6. To maintain the honor and good faith of the State untarnished, the public debt, regu larly contracted before and since the rebellion, shall be regarded as inviolable and never be questioned ; but the State shall never assume or pay, or authorize the collection of, any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. Art. 6. Seo. 1. Every male person born in the United States, and eyfery male person who has been naturalized, twenty- one years old or up ward, who shall have resided in this State twelve months next preceding the election, and thirty days in the county in which he offers to vote, shall be deemed an elector. Sec. 4. Every voter, except as hereinafter pro vided, shall be eligible to office ; but before en tering upon the discharge of the duties of his office, he shall take and subscribe the following oath : I, , do solemnly swear (or affirm) that 1 will sup port and maintain the Constitution and laws of the United States, and the constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office. So heln me God. c The general assembly, at its first session, shall establish a uniform system of public schools, to be free to all the children of the State between six and twenty-one years. The University of North Carolina declared to be held to an insep arable connection with the free public school system. Homestead exemption secured, realty to the value of $1,000, personal $500. All able-bodied male citizens, between twenty-one and forty, are liable to duty in the militia. Duelling prohibited. Constitution of South Carolina. Adopted by Convention March 17, 1868, and ratified by the people April 16, 1868. Provides, among other things, that slavery shall never exist in this State. Every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and no law or ordinance of this State in contravention or subversion thereof can have any binding force. This State shall Over remain a member of the American Union, and all attempts,, from what ever source, or upon whatever pretext, to dis solve the said Union, shall be resisted with the whole power of the State. No person shall be disqualified as a witness, or be prevented from acquiring, holding, and transmitting property, or be hindered in acquir ing education, or be liable to any other punish- . ment for any offence, or be subjected in law to any other restraints or disqualifications in regard to any personal rights than such as are laid upon Others under like circumstances. No person sball be imprisoned for debt, except in cases of fraud ; and a reasonable amount of property, as a homestead, shall be exempted from seizure or sale for the payment of any debts or liabilities, except for the payment of such obli gations as are provided for in this constitution..' .. No property qualification shall be necessary for an election to or the holding of any office. All elections shall be free and open, and every inhabitant of this Commonwealth possessing the , qualifications provided for in this constitution, shall have an equal right to elect officers and be elected to fill public offices. Representation shall be apportioned according to population, and no person in this State shall ,' be disfranchised, or deprived of any of the rights " or privileges now enjoyed,, except by the law of the land or the judgment of his peers. Distinction on account of race or color, in any case whatever, shall be prohibited, and aU classes of citizens sball enjoy equally all com mon, public, legal, and political privileges. Members of the general assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and sub scribe the following oath : I, - — , do solemnly swear (or affirm, as the case may be)that I am duly qualified, according to the Qon- stitutiontof the United States and of this State, to ex ercise the duties of the office to which I have boen 3 supremacy ABSTRACTS OF CONSTITUTIONS. 333 lawe of the United States over the constitution and laws of any State; and that I will support, protect, and de fend, the Constitution of tlie- United: States and the constitution of South Carolina,.aa ratified by the peo ple on the day of , 1808. So help me God, Every male citizen of the United States, of the age of tw.enty-one years and upwards, not laboring under the disabilities named in this constitution, without distinction of race,, color, or former condition, who shall be a resident oi this State at the time of the adoption of this constitution, or who shall thereafter reside in this. State one year, and in the 'county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now, or. hereafter, may be, elected by the people, and upon all questions submitted to the electors at any eleotiqns : Provided, That no person shall be allowed tp, vote or hold office who is now, or. hereafter, may be, disqualified therefor by the Constitution of the Unitfid,S,tates, until such disqualification sball be removed by the Cougress of the. United States. Homestead exemption secured. The, ggnpral assembly shall never pass any law' that will deprive any of. the;citizen& of this. State of the r,ight.of.B,uffrage,.exceptifor treason, murder, robbery, or duelling, whereof the per sons shall bave been, duly tried and convicted. No person shall be disfranchised for felony or other crimes committed while such person was a All the public schools, colleges, and universi ties of this, State, supported in whole or in part- by the public funds, .sball b^> free and open to all the children and. youths of the State, without, regard to race or color. Governor. has. the veto, but tworthirds of each house may pass a bill over the veto. Judges shall not charge juries in. respect to matters of fact, but may state the testimony and declare the law. All contracts, whether under seal or not, the ransideratiph.of which were for the purchase of slaves, are declared 'null and void,; and all pro ceedings under them, annulled. Elections shall be by ballot. All voters shall Ineligible to. elective offices, except as otherwise provided in this constitution or tbe Constitution and laws of the United States. Presidential electors Bhall be eleeted by the people. ¦' The, .'general assembly may leyy a poll-tax of $1 per year, for the public school fund. No ad ditional poll-tax shall be levied by any munici pal corporation, and- no person to be deprived of .suffrage, for non-payment of this tax. #o debt. contracted by this. State in behalf of the.late.r,ebellion,in whole, or. in, part, shall .ever be paid, ' A liberal and. uniform svstem of free public, schools shall be established", for all children be tween six and sixteen, for a term equivalent to twen,ty-four raepths at least, facilities to be .af forded to aH: tbe inhabitant3.for the free educa tion, of their children. School fund established. The' militia .stall consist of ajl able-bodied fflale citizens between eighteen and forty-five. No person shall be elected or appointed to any office unless he possesses the qualifications of an Constitution of Virginia. Adopted by Convention April 7, 1868. Pro vides, among- other things — That this State shall ever remain a member of the United States of America, and that the people thereof are part of the American nation, and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union or to sever said nation, are unauthorized and ought %o be resisted' with the whole power of the State. The Constitution of the United States, and the laws of Congre?s>passed in pursuance thereof constitute the supreme law of'the land, to which paramount allegiance and obedience are due from every citizen, anything in the constitution, ordinances, or laws of any State to the contrary notwithstanding. Slavery shall not exist; All citizens of the State are declared to possess equal civil and po litical rights and public privileges. Duelling is prohibited. Only persons qualified to hold office shall be jurors. Every, male, citizen of the United States, twentyrone years old, who 6hall have been a resident- of this State twelve months, and of the county, city, or town. in which he shall offer to vote three months next preceding any election, shall be entitled^to vote upon all questions sub mitted, tothe people at such election. Among, the excepted persons are all those who have been Senators or Representatives in Con gress, or electors of President or Vice President, or who held, any office, civil or military, under the United Stajtes, or under any State, who, having previously taken an oath, as member of Congress or officer, of the, United States, or as a member, of any legislature, or as au executive or judicial officer of any State, shall bave en gaged in insurrection or rebellion against the same, or given aid or, comfort to the enemies thereof. This clause shall include the foUowing officers: Governor, Lieutenant Governor, secre tary of State, auditor, of public accounts, second auditor, register of the land office, State treas urer, attorney general, sheriffs, sergeant of a city or town, commissioner of the revenue, county surveyors, constables, overseers of the poor, commissioner.of the board of public works, judges of. the supreme court, judges of the cir cuit court, judges of' the, court of hustings, jus tices of the county courts, mayor, recorder, alderman, eouncilmen.Qf a city or town, coroners, escheators, . ipspectora . of tobacco, flour, &c, clerks of thesupreine, district, circuit, and county courts, and.of theoourt of hustings, and attor neys forithe.Commonwealth : Provided, That tho Legislature may, by a vote of three-fifths of both houses, remove the disabilities incurred by this clause from any person included therein, by a separate vote in .each case. All persons,.befo,re, entering upon the discharge. of any. function as. officers ¦ of the State, shall take the following oath,: I, , do ¦ solemnly swear (or affirm) that I wiU support and maintain tile Constitution and Jaws ofthe United States,rahd the constitution and laws of the State of Vireinia; that I. recognize and accept the civil and political equality of allimen before the lawn, and that I will faithfully perform tjie. duty, of , t> the besttof my ability. So help mo God. POLITICAL MANUAL. In addition to this, all State, city and county officers shall take the test oath prescribed by the act of July 2, 1862. The Legislature shall enact a registry law, and persons applying to register shall take this oath: I, — — , do solemnly swear (or affirm) that I am not disqualified from exercising the right of suffrage by the constitution framed by the convention which as sembled in the city of Richmond on the 3d day of December, 1867, and: that I will support and defend the same to the best of my ability. The Governor has the veto power, subject to the passage by two-thirds. Lotteries prohibited. A uniform system of public free schools to be established, and to be introduced into all the counties by 1876. Capitation tax and an annual tax on property not less than one mill nor more than five for the support of schools. The mi litia to consist of all able-bodied males between eighteen and forty-five. Homestead exemption provided. Ordinance passed that the constitution be submitted for ratification June 2, when State officers and Representatives in Congress are to be chosen; the Assembly to meet June 24. [General Schofield recommended that the section prescribing the test-oath of 1862 for all State, city and county officers be submitted separately, and that the election be fixed not less than forty days after the passage by Congress of the neces sary appropriation to pay the expense.] Constitution of Mississippi. Adopted by convention May 15, 1868, and submitted to popular vote, June ,22, Provides, among other things, slavery shall not exist ; no property qualification shall be required for jurors or for eligibility to office. All personB resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. No property or educational qualification shall ever be required for any person to become an elector. The right to withdraw from the Federal Union on 'account of any real or supposed grievances shall never be assumed by this State, nor shall any law be passed in derogation of the para mount allegiance of the citizens of this State to the Government of the United States. No public money or moneys shall be appro priated for any charitable or other public insti tutions in this State, making any distinction among the citizens thereof ; Provided, That nothing herein contained, shaU be so construed as to prevent the Legislature from appropriating the school fund in accordance with the article in this constitution relating to public schools. The right of all citizens to travel upon all public conveyances shall not be infringed upon nor in any manner abridged in this State. The Governor has the veto power, subject to two-thirds vote of each houBe. All male inhabitants of this State, except idi ots and insane persons, and Indians not taxed, citizens of the United StateB, or naturalized] twenty-one years old and upwards, who have resided in this State six months, and in the county one month next preceding the day of election at which said inhabitant offers to vote, and who are duly registered according to the re quirements of section three of this article, and who are not disqualified by reason of any crime, are declared to be qualified electors. , The Legislature snail provide by law for the registration of all persons entitled to vote at any election, and all persons entitled to register1 shall take and subscribe to the following oath Or' affirmation: J I. , do solemnly swear (or affirm) in the pros-' eiice of Almighty God, that I am twenty-one years old: that I have resided in this State six months, and in county one month ; that I will faithfully support and obey the Constitution and laws of the United' States, and of the State of Mississippi, and will bear true faith and allegiance to the Bame; that I am not disfranchised in any of the provisions of the acts known as the reconstruction acts of the Thirty-Ninth and Fortieth Congress ; and that I admit the political and civil equality of all men. So help me God. Provided, That if Congress shall, at any timejl remove the disabilities of any person disfran chised in the said reconstruction acts ofthe said Thirty-Ninth and Fortieth Congress, (and the Legislature of this State Bhall concur therein,) then so much of this oath, and so much only, as, refers to the said reconstruction acts, shall not be required of such person, so pardoned, to en title him. to be registered. No person shall be eligible to any office of profit or trust, or to any office in the militia of this State, who is not a qualified elector. No person shall be eligible to any office of profit or trust, civil or military, in this State, who, as a member of the Legislature, voted for the call of the convention that passed the ordi nance of secession, or who, as a delegate to any convention, voted for or signed any ordinance of secession, or who gave voluntary aid, counte nance, counsel or encouragement to persons en gaged in armed hostility to the United States, or who accepted or attempted to exercise the functions of any office, civil or military, under any authority or pretended government, author ity, power, or constitution, within the United States, hostile or inimical thereto, except all' persons who aided reconstruction by voting for this convention, or who have continuously ad vocated the assembling of this convention, and shall continuously and in good faith advocate, the acts of the same ; but the Legislature may remove such disability ; Provided, That nothing in this section, except voting for or signingthe ordinance of secession, shall be so construed as to exclude from office the private soldier of the late so-called Confederate States army. The State of Mississippi shall never assume nor pay any debt or obligation contracted in aid of the rebellion, nor shall this State ever in; any manner claim from the United States, or make any allowance or compensation for slaves emancipated or liberated in any way whatever; since the 9th day of January, 1861. Members of the Legislature, and all other offi cers elected or appointed to any office in this State, shall, before entering upon the discharge of tho duties thereof, take and subscribe the fol lowing oath of office : I, , do solemnly swear (or affirm) that I will faith fully support and true allegiance bear the Constitu tion of the United States and the State of Mississippi. and obey the laws thereof; that I am not disqualified from holding office by the Constitution of the United: States or the State of Mississippi; that I have neve- RECONSTRUCTION MEASURES. 335 u a member of any convention voted for or signed 1 any ordinance of secession; that I have never as a | member of any State Legislature voted for the call of any convention that passed any such ordinance ; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God. The ordinance of secession of the State of Mis sissippi, passed January 9, 1866, is hereby de clared to be null and void. The present and all previous constitutions of the State of Missis sippi are hereby declared to be repealed and annulled by this constitution. All laws now in force in this State, not en acted in furtherance of secession and rebellion, and not repugnant to this constitution, shall continue in force. Common school fund provided for ; the poll- tax in its aid not to exceed $2 annually. All able-bodied males, between eighteen and forty-five, shall be liable to military duty in the militia. Lotteries and sale of lottery tickets prohibited. All lands sold in pursuance of decree of courts or execution shall be divided into tracts not to exceed one hundred and sixty acres. All persons who have not been married, but are now living together and cohabiting as hus band and wife, shall be taken and he.d for all purposes in law as married, and their children, whether born before or after the ratification of this constitution, shall be legitimate, and the Legislature may by law punish adultery and concubinage. 1868, March 13 — An ordinance adopted, as follows : Seo. 1. That no contracts shall be valid which in any manner abridge or affect the right of franchise of either party; and any person or persons demanding such conditions shall, upon conviction thereof before any court having com petent jurisdiction, be disfranchised for the term. of five years, and pay a fine of not less than five hundred dollars. Seo. 2. Whoever shall dismiss from employ ment any person or persons for having exercised the right of franchise, or for offering to exercise such right, shall, on conviction, be fined not less than two hundred and fifty dollars, and be dis franchised for the term of five years. XXIX. SUPPLEMENTAL RECONSTRUCTION MEASURES.' Act of July 19, 1867. An act supplementary to an act entitled "An act to provide for the more efficient government of the rebel States," passed on the second day of March, 1867, and the act supplementary there to, passed on the 23d day of March, 1867. Beit enacted, <6c, That it is hereby declared to have been the true intent and meaning of the act. of the 2d day of March, 1867, entitled "An act to provide for the more efficient government of the rebel States," and of the act supplement ary thereto, passed on the 23d day of March, 1867, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louis iana, Florida, Texas, and Arkansas, were not legal State governments; and that thereafter said governments, if continued, were to be con tinued subject in all respects to the military commanders of the respective districts, and to the paramount antbority of Congress. Seo. 2. That the commander of any district named in said aot shall have power, subject to the disapproval of the General of the army of the United States, and to have effect till disap proved, whenever in the opinion of such com mander the proper administration of said act Bhall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer or person holding or exercising, or professing to * For preceding Reconstruction Measures see pages 181-194 of Manual of 1867. hold or exercise, any civil or military office or duty in such district under any power, election, appointment, or authority derived from, or granted by, or claimed under, 'any so-called State or the government thereof, or any munici pal or other division thereof ; and upon such suspension or removal such commander, subject to the disapproval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such officer or person so suspended or removed, by the detail of some competent officer or soldier of the army, or by the appointment of some other person to perform the same, and to fill vacancies occasioned by death, resignation, or otherwise. Seo. 3. That the General of the army of the United States shall be invested with all the powers of suspension, removal, appointment,^ and detail granted in the preceding section to district commanders. Sec. 4. That the acts of tbe officers of the army already done in removing in said districts per sons exercising the functions of civil officers, and appointing others in their stead, are hereby con firmed : Provided, That any person heretofore or hereafter appointed by any district com mander to exercise the functions of any civil office, may be removed either by the military officer in command of the district, or by the General of the army. And it shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to binder, 336 POLITICAL MANUAL. delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary. Sec. 5. That the boards of registration pro vided for in the act entitled " An act supple mentary to an act entitled ' An act to provide for the more efficientgovernment of the rebel States,' passed- March 2, 1867, and to facilitate restora tion," passed March 23, 1867, shall have power, and it shall be their duty, before allowing the registration of any person, to ascertain, upon such facts or information as they can obtain, whether such person is entitled to be registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be registered unless such board ¦shall decide that he is entitled thereto; and such board shall also have power to examine, under oath, (to be administered by any member of such board,) any one touching the qualifica tion of any person claiming registration ; but in every case of refusal by the board to register an applicant, and in every case of striking bis name from the list as hereinafter provided', the board , shall makea note or memorandum, which shall be returned with the registration list to the com manding general of the district, setting forth the grounds of such refusal or such striking from the list : Provided, That no person shall be disqualified as member of any board of regis tration by reason of race or color. Sec. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and whether he was holding such office, at the commencement ofthe rebellion, or had held it before, and who has afterwards en gaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled to be registered or to vote ; and the words "executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by law for the administration of any general law of a State, or for the administration of jus tice. Sec. 7. That the time for completing the orig inal registration provided for in said;actmay, in the discretion of the commander of any district, be extended to the 1st day of October, 1867; and the boards of registration shall have power, and it shall be their duty; commencing fourteen days prior to any election under saicf act, and upon reasonable public notice of the time and place thereof, to revise, for a period'of five days, the registration lists, and, upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person Bhall not be allowed to vote. And such board sball also, during the same period, add to such" registry the names of all persons who at that time possess the qualifi cations required by said act who have not been already registered ; and no person shall, at any time, be entitled to be registered or to vote, by reason of any executive pardon or amnesty, for any act or tiling which, without such pardon or amnesty, would disqualify him from registrar tion or voting. Seo. 8. That section four of said last-named act shall he construed to authorize the command ing general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appbint anotherin his stead, and to fill any vacancy in such board! Seo. 9. That all members of said boards' of registration, and all persons hereafter elected or appointed to office in said military districts, under any so-called State or municipal author ity, or by detail or appointment of the district commanders, shall be required to take and to subscribe the oath of office prescribed by law for officers of the United States. Sec. 10. That no district commander or mem ber of the board of registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of any civil officer of the United States. Sec. 11. That all the provisions of this act and of the acts to which this is supplementary shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out. [This bill passed the House, July 13, yeas 111, nays 23 ; and the Senate, the same day, yeas 31, nays 6 — the Republicans voting yea, and the Democrats nay. July 19, the bill was vetoed by President Johnson, and the same day it was re-passed by both Houses — in the House, yeas 109, nays 25; in the Senate, yeas 30, nays 6; a party vote, , as before.] Act of March 11, 1868. An Act to amend the act passed March 23, 1867, entitled "An act supplementary to Ap act to provide for the more efficient govern^ ment of the rebel States,' passed March I 2, 1867, and to facilitate their restoration." ., _¦ Be it enacted, Ac, That hereafter any election authorized' by the act passed' March 23, 18,67, entitled "An act supplementary to An act' tb provide for the more efficientgovernment of'the rebel States,' passed 'March 2, 1867, and to facili tate their restoration," shall be decided by a majority of'the votes actually cast ; and at the election in which the question of the adoption or rejection of any constitution is submitted, anjr. person duly registered in the State may vot6\itt the election district where he offers to vote when he bas-resided therein for ten days next preceding such election, upon presentation of liis certificate of registration, his affidavit, or other satisfactory evidence, under such regula tions as the district commanders may prescribe. Sec. 2~. That the constitutional conventional any ofthe States-mentioned in the acts to which this. is amendatory may provide that at the tinii of voting upon the ratification of the constitu tion, the registered voters may vote also for members of the House of 'Representatives of ithe United States, and for all elective officers provided for by the said constitution ; and the same eledf, tion officers, who shall make the return of the' votes cast on tbe ratification or rejection of tbe constitution', shall enumerate and, certify the votes cast for members of Congress. RECONSTRUCTION MEASURES. 337 Became a law, March 11, 1868, by lapse of time, the President not having signed or re turned it with his objections within ten days after its presentation to him. [This bill passed the House, February 26, yeas 96, nays 32; and the Senate, February 25, yeas 28, nays 6; the Republicans voting for the bill, and the Democrats against it.] In Act to admit the State of Arkansas to Rep resentation in Congress, June 22, 1868. Whereas the people of Arkansas, in pursuance of the provisions of an act entitled " An act for the more efficient government of the rebel States," passed March 2, 1867, and the acts supplementary thereto, have framed and adopted a constitution of State government, which is republican, and the Legislature of said State has duly ratified the amendment to the Constitution of the United States proposed by the Thirty-Ninth Congress, and known as Article XIV ; Therefore, Be it enacted, &c, That the State of Arkansas is entitled and admitted to representation in Congress, as one of the States of the Union, upojv the following fundamental condition : That thir constitution of Arkansas shall never be so amend ed or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhab tion of said constitution prospective in its effect may be made in regard to the time and place of residence of voters. [This bill passed the House, May 8 — yeas 110, nays32; the nays being all Democrats, except Messrs. Baker, Loan, Spalding, and Thomas Williams, the "fundamental condition" therein being " that the constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, ex cept as a punishment for such crimes as are amended in the Senate, on motion of Mr. Drake, so that the "fundamental condition" should read: "That there shall never be in said State any denial or abridgment of the elective franchise, or of any other right, to any person by reason or on account of race or color, e*cept Indians committee of conference agreed upon the bill as frinted above, and their report passed the Senate, une 6, without a division, and the House also, a motion to table the report having been lost, yeas 27, (all Democrats,) nays 108, (all Republi cans, except Mr. Stewart, of New York.) June 20, the bill was vetoed by the Peesident, and passed in the House, yeas 111, nays 31 ; June 22, it passed the Senate, yeas 30, nays 7. In the House, on re-passing the bill, Mr. Stewart voted aye with the Republicans; and Mr. Cary voted "reed * V^ f f*K "haU hav7e pas^d or have so nearly arrived be- IL^iZ^^M!^' ?!ff 3i'™Zl £„ £ fore the pa/sage of this act that there shall not be time for the Legislature to assemble- at the- period &x,ed, such Legislature shall convene at tbe end of twenty days from the time this act takes effect unless the Governor-elect shaU soon er convene the same. Seo. 3. That the first section of tbia act shall take effect as to each State, except Georgia, when Such State shall by its Legislature, duly ratify Article XIV of the amendments to. the Consti tution of the United States, proposed by the Thirty-Ninth Congress, and as to, the State of « See page 3f5&. 1 338 POLITICAL MANUAL. Georgia when it shall in addition give the assent of said State to the fundamental condition here inbefore imposed upon the same ; and thereupon the officers of each State, duly elected and qual ified under the constitution thereof, shall be in augurated without delay ; but no person prohib ited from holding office under the United States or under any State by section three of the pro posed amendment to the Constitution of the United States known as Article XIV, shall be deemed eligible to any office in either of said States unless relieved from disability as provided in said amendment ; and it is hereby made tbe duty of the President, within ten days after re ceiving official information ofthe ratification of said amendment by the Legislature of either of Baid States, to issue a proclamation announcing that fact. [This bill passed the House, May 14, yeas 110, nays 35 ; the Senate, June 9, yeas 31, nays 5 — Republicans/or, Democrats against it. June 25, it was vetoed by President Johnson, and passed over the veto, same day, in the House, yeas 107, nays 31 ; and in the Senate, yeas 35, nays 8.] IMPORTANT VOTES DURING THE CONSIDER ATION OF THE ABOVE BILLS. Votes prior to Passage of Act of March 11, 1868. During the pendency in the Senate of the act of March 11, 1868— February 25 — Mr Doolittle moved to amend by adding to the second section this proviso : "Provided, nevertheless, Th.it upon an election for the ratification of any constitution, or of officers under the same, previous to its adoption in any euch State, no person not havjng the qualifications of an elector under the constitu tion and laws of such State, previous to the late rebellion, shall be allowed to vote, unless he Bhall possess one of the following qualifications, viz.: " 1st. He shall have served as a soldier in the Federal army for one year or more ; or, 2d He shall have sufficient, education to read the Con stitution of the United States, and to subscribe his name to an oath to support the same; or, 3d. He shall be seized in his own right, or in ithe right of his wife, of a freehold of the value of two hundred and fifty dollars." Which was not agreed to— >yeas 3, nays 33, as follow : Yeas — Messrs. Dixon, Doolittle, Hendricks — 3. jj«s— Buckalew, Chandler, Cole, Conkling, Corbett, Cragta, Davis, Drake, Ferry, Fowler, Harlan, Hender son, Howe, Morgan, Morrill of Maine, Morrill of Ver mont, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Rosa, Sherman, Stewart, Sumner, Thayer, Tipton, Trun-bull, Van Winkle, Wade, Willey, Wil- 1'iams, Wilsbn, Yates— 33. 1867., December 18 — The House passed a bill modifying the fifth section of the act of March 23, 1867, *o that a majority of the votes cast at the election Bhall be sufficient to ratify the con stitution, ;&nd authorizing an election for mem bers of 'Congress at the same time with the vote ion the constitution, according to the districts as rthey .existed.iiu 1858 and 1859. On this the yea3 were 104, nays 37, Republicans and Messrs. €' t Qualified November 21, 1867, in place of Charles Denison. deceased. % Qualified November 21, 1867, in place of Ruther ford B. Hayes, resigned. || Qualified February 6, 1868, in place of Cornelius S. Hamilton, killed December 22, 1867. JJune 3, 1868, Mr. Delano qualified, in place of George W. Morgan, the House having voted — 36 to 79 — that Mr. Morgan was not entitled, and— 80 to 38 — that Mr. Delano was entitled to the seat. If Mr. Adams qualified July 8, 1867. Messrs. Beck, Grover, and Jones qualified Dec. 3, Mr. Knott Dee. 4, Mr. Golladay Dec. 6, and Mr. Trimble January 10, 1868. Mr. John Young Brown, claiming a seat for the second district, was voted, February 13 — 13 to 108— not entitled thereto, by reason of having voluntarily given aid, countenance, counsel, and encouragement to persons engaged in armed hostility to the United States; and February 16, the House voted— 30 to 102 — that Samuel E. Smith, not having received a majority of the votes casTfor Representative, was not elected. The Speaker was directed to notify the Governor of Kentucky of the vacancy in the second district, but no election was called by him. Mr. McKee qualified June 22, 1868, the House having, June 22, voted— 90 to 30— that John D. Yo«ng was not entitled to the seat, and that Samuel McKee was entitled to it. ** Messrs. Maynard, Stokes, Mullins, John Trimble, Hawkins, and Nunn qualified November 21,1867; Mr. A-nell, November 25; Mr. Butler, June 26, 1808. Indiana — William E. Niblack, Michael C. Kerr, Morton 0. Hunter, William S, Holman, George W. Julian, John Coburn, Henry D. Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, John P. C. Shanks. Illinois — Norman B. Judd, John F. Farnsworth, Ellihu B. Washburne,* Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis W. Ross, Albert G. Burr, Samuel S. Marshall.*, Jehu Baker, Green B. Raum, John A. Logan.! Missouri — William A. Pile, Carman A. New comb, James R. McCormick.t Joseph J. Gravely, Joseph W. McClurg, Robert T. Van Horn, Benjamin F. Loan, John F. Benjamin. George W. Anderson. Arhansas% — Logan H. Roots, James Hinds, Thomas Boles. Michigan — Fernando C. Beaman, Charles tip-! son, Austin Blair, Thomas W. Ferry, Row land E. Trowbridge, John F. Driggs. Florida — Charles M. Hamilton, (qualified July 1, 1868.) Iowa — James F. Wilson, Hiram Price, William B. Allison, William Loughridge, Gren ville M. Dodge, Asahel W. Hubbard. Wisconsin — Halbert E. Paine, Benjamin F. Hop kins, Amasa Cobb, Charles A Eldridge, Phile tus Sawyer, Cadwalader C. Washburn. i California || —Samuel B. Axtell, William Higby,,- James A. Johnson. Minnesota — William Windom, Ignatius Don- . nelly. Oregon — Rufus Mallory. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, Bethuel M. Kitchen, Daniel Polsley. Nevada— Delos R. Ashley. Nebraska — Jobn Taffe. The following persons were elected to the House of Representatives at the election held on the constitutions of their respective States: North Carolina— John R. French, David Ilea- ton, Oliver H. Dockery, John T. Deweese, Israel G. Lash, Nathaniel Boyden, Alexander H.Jones. South Carolina — Benjamin F. Whittemore.. C C. Bowen, Simon Corley, James H. Goss (Also two elected at large : J. P. M. Epping, Elias H. Dickson.) Georgia— J. W. Clift, Nelson Tift, William P. Edwards, Samuel F. Gove, Charles H. Prince, , John H. Christy, P. M. B. Young. Louisiana — J. Hale Sypher, James Mann, Joseph P. Newsham. Michel Vidal, W. Jasper Blackburn. Alabama — Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris, Charles W. Pierce. John B. Callis, Thomas Haughey' * Mr. ^fashbirrne having been absent at the previous session, qualified November 21, 1867. t Qualified December 17, 1867, vice Thomas E. Noell, deceased. % Qualified June 23, 1868, the bill declaring Arliimsas entitled to representation having become a law June 22, 1868. 1 Qualified November 21, 1807. XXXII. VOTES ON POLITICAL BILLS AND RESOLUTIONS. To Continue the Bureau for the Belief of Creed- men and Refugees. Be it enacted, &c„ That the act entitled " An act to establish a Bureau for the relief of Freedmen and Refugees," approved March 3, 1865,* and the act entitled " An act to continue ;n force and to amend ' An act to establish a Bureau for the relief of Freedmen and Refugees, and for other purposes,' " passed on the 16th of July, 1866-j- shall continue in force for the term of one year from and after the 16th of July, in the year 1868, excepting so far as the same shall be herein modified. And the Secretary of War is hereby -directed to re-establish said bureau where the same has been wholly or in part dis continued : Provided, He shall be satisfied that the personal safety of freedmen shall require it. Sec. 2. That it shall be the duty of the Secre tary of War to discontinue the operations of the bureau in any State whenever such State shall be fully restored in its constitutional rela tions with the Government of the United States, and Bhall be duly represented in the Congress of the United States, unless, upon advising with the Commissioner of the bureau and upon full consideration of the. condition of freedmen's affairs in such State, the Secretary of War shall be of opinion that the further continuance of the bureau shall be necessary : Provided, how ever, That the educational division of said bu renu shall not be affected or in any way inter fered with, until such State shall have made suitable provision for the education of the chil dren of freedmen within said State. Seo. 3. That unexpended balances { in the *See page 72 of Manual of 1866. tSee page 160 bf Manual of 1867. I The financial affairs of the bureau are as follow, as appears from a recent report on the subject in the House of Representatives, the figures in which were taken from the books of the bureau : From the establishment of the bureau, on the ,15th of May, 1865, there have been appropriated by Congress for its sup port $10,780,750 00 The total expenditure from this appropriation, from 16th of May, 1865, to January 1, 1868, was as follows : Salaries of assistant and sub-assistant com missioners $302,244 88 Salaries of clerks 509,833 80 Stationery and printing 78,306 14 Quarters and fuel 196,906 64 Clothing for distribution 143,735 99 Commissary stores 1,245,271 76 Medical department. 470,834 37 Transportation of officers and agents 131,052 64 Transportation of freedmen and refugees.. 115,979 87 Transportation of stores 87,490 36 Forage 53,096 28 School superintendents 28,247 61 Building for schools and asylums.including construction, rental, and repairs 658,914 91 Telegraphing and postage 35,546 98 Internal revenue (tax withheld on salaries) 4,981 55 Southern relief 385,410 81 Agricultural Bureau (transferred) 50,000 00 Total expended $4,397,85439 Balance in hands of agents, August 31, 1867..= oS^OllTjIi undrawn from Treasury 5,736,084 28 Amount on hand December 31, 1867 $6,382,895 61 hands of the Commissioner, not required other wise for the due execution of the law, may be, in the discretion of the Commissioner, applied for the education of freedmen and refugees, sub ject to the provisions of law applicable thereto. Seo, 4. That officers of the veteran reserve corps, or of the volunteer service, now on duty in the Freedmen's Bureau as assistant commis sioners, agents, medical officers, or in other ca pacities, who have been or may be mustered out of service, may be retained by the Commissioner when the same shall be required for the proper execution of the laws, as officers of the bureau, upon such duty and with the same pay, com pensation, and all allowances, from the date of their appointment, as now provided by law for their respective grades and duties at the dates of their muster-out and discharge; and such officers so retained shall have, respectively, the same authority and jurisdiction as now conferred upon " officers of the bureau" by act of Con gress passed on the 16th of July, 1866. Seo. 5. That the Commissioner is hereby em powered to sell for cash, or by instalments with ample security, school buildings and other build ings constructed for refugees and freedmen by the bureau, to the associations, corporate bodies, or trustees who now use them for purposes of education or relief of want, under suitable guar antees that the purposes for which said buildings were constructed sball be observed : Provided, That all funds derived therefrom shall be re turned to the bureau appropriations' and ac counted for to the Treasury of the United States. In Hoijse. 1868, March 19— The bill passed— yeas 97, nays 38, as follow : Teas — Messrs. All ison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Bingham, Blaine, Blair, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Sidney Clarke, Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Don nelly, Driggs, Eckley, Eliot, Farnsworth, Ferriss, Ferry, Fields, Garfield, Gravely, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Besides this appropriation by Congress, the bureau came into the possession of certain funds belonging to the " department of negro affairs " which had pre viously existed in the rebel States, and from rents, fines, conscript fund, and miscellaneous sources, amounting to §1,605,694 19 Of which, there were expended, for labor, schools, rents, repairs, clothing, fuel, sub sistence, &C 1,544,092 80 Leaving a balance on hand, Dec. 31, 1867... $6l,C01 39 Of this amount of $4,397,854 39 expended, $300,000 were applied, by » resolution of Congress, for the relief of destitute people in the South who were starving by reason of failure of the crops, and $50,000 were trans ferred to the Agricultural Department for seeds for the South— making 8350,000. With these sums deducted from the expense account of the Bureau, the whole expenditure from appropria tions by Congress, for the use of the Bureau irom its establishment, amount to $3,847,854 39. No further appropriation was asked or made tor the ensuing fiscal year, and the approoriations previously made of $10,780,750 will carry the Bureau from May, 1865, to July, 1869. 350 POLITICAL MANUAL. Koontz, Laflin, William Lawrence, Loan, Logan, Lynch,Maynard, Miller, Moore, Morrell, Myers, New comb, O'Neill, Orth, Paine, Peters, Pike, Pile, Plants, Polsley, Pomeroy, Price, Raum, Robertspn, Sawyer,' Sehenek, Selye, Shanks, Spalding, Aaron F. Stevens, Thaddeus Stevens, Taffe, Thomas, John Trimble, Trowbridge, Twichell, Upson, Robert T. Van Horn, Ward, Cadwalader C. Washburn, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Thomas Williams, James F. Wilson, Stephen F.Wilson, Windom— 97. Nats — Messrs. Adams, Axtell, Barnes, Beck, Boyer, Brooks, Burr, Chanter, Eldridge, Getz, Golladay, Grover, Haight, Holman, Hotchkiss, Johnson, Kerr, Knott, George V. Lawrence, Marshall, McCormick, McCullough, Mercur, Moorhead, Morgan, Mungen, Niblack, Nicholson, Phelps, Randall, Ross, Sitgreaves, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, Woodward— 38. In Senate. June II — The bill passed without a division. Vote of Thanks to Ex-Secretary Stanton. In Senate. 1868, May 28 — Mr. Edmunds offered this reso lution : Resolved by the Senate, (the House of Repre sentatives concurring,) That the thanks of Con- fress are due, and are hereby tendered, to Hon. Idwin M. Stanton for, the great ability, purity, and fidelity to the cause of the country with which he has discharged the duties of Secretary of War, as well amid the open dangers of a treat rebellion as at a later period when assailed y the Opposition, inspired by hostility, to the measures of justice and pacification provided by Congress for the restoration of a real and permanent peace. June 1 — Mr. Hendricks moved to strike out the latter clause, beginning with the words " as well." Mr. Henderson moved to amend so as to make the resolution read as follows: That the thanks of Congress are due, and are hereby tendered, to Hon. Edwin M Stanton, for the great ability, purity, and fidelity to the cause of the country with which he discharged the du ties of Secretary of War amid the open dangers of a great rebellion. Which was rejected without a count; also, the amendment offered by Mr. Hendricks. Mr. HenderBon moved to amend by adding to the resolution these words : And Congress takes this occasion to tender its thanks to Chief Justice Chase for the great abil ity, purity, and distinguished learning which have illustrated his position on the bench of the Supreme Court. Which was disagreed to — yeas 11, nays 30, as follow : Yeas — Messrs. Buckalew, Doolittle, Fowler, Hender son, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Vickers — 11. Nats— Messrs. Cameron, Cattell, Chandler, Cole, Conk ling, Conness, Cragin, Drake, Edmunds, Frelinghuy sen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thay er, Tipton, Van Winkle, Wade, Williams, Wilson, Yates —30. Thei resolution was then adopted — yeas 37, nays 11, as follow: Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, MTton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Wil liams, Wilson, Yates — 3.7. Nats — Messrs. Buckalew, Doolittle, Fowler, Hender son, Hendricks, Johnson, McCreery, Norton, Pi-Ucrsori-o' Tennessee, Ross, Vickers— 11. Is House. June 19— The resolution passed — yeas 102, nays 25, as follow : Yeas— Messrs. Allison, Ames; Delos R. Ashley, Bailey, Baldwin, Beatty, Benjamin, Benton, Blaine, Blair, Boutwell, Buckland, Butler, Cake, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Delano, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, Ferriss, Fields, Garfield, Gravely, Gris wold, Halsey, Harding, Higby, Hill, Hooper,- Chaster D. Hubbard, Hulburd, Jenckes, Judd, Julian, Kelsey, Ketcham, Kitchen, Koontz, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Maynard, McCarthy,*!* Clurg, Mercur, Miller, Moore, Moorhead, Morrell, Muf.' libs, Myers, O'Neill, Orth, Paine, Peters,. Pike, Pile, Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Shanks, Shellabarger, Smith, Starkweather, Aaron F. Stevens, Stokes,. Taffe, Taylor, Twichell, Upson, Van Aernam, ' Van Wyek, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Windom, Woodbridge, and Mr. Speaker Colfax— 102. ; Nats — Messrs. Archer, Beck, Brooks, Cary, Chanler, Eldridge, Getz, Golladay, Grover, Haight, Holman, Hotch kiss, Humphrey, Johnson, Jones, Kerr, Knott, McCormick, Mungen, Niblack, Nicholson, Phelps, Pruyn, Stone, Taber —25. ¦ Quorum of Supreme Court. 1867, December 4 — The Senate passed, with out a division, this bill : Be it enacted, &c. That any number of the justices of the Supreme Court of the United States, not less than five, and being a majority thereof, shall constitute a quorum. In House. 1868, January 13 — The rules were suspended, (yeas 114, nays 38,) and the above bill with an amendment was reported to the House from tlie Judiciary Committee. The amendment was a new section, to which the proviso was added in the House, the whole being as follows : Seo. 2. That no cause pending before the Su preme Court of the United States, involving the action or effect of any law of the United States, shall be decided adversely to the validity of such law without the concurrence of two-thirds of all the members of said court in the decision upon the several points in which said law or any part thereof may be deemed invalid: Providedr however, That if any circuit or district court ot the United States shall adjudge any act of Con gress to be unconstitutional or invalid, the judgment, before any further proceedings shall be had upon it, shall be certified up to tbe Su preme Court of the United States, and shall be considered therein ; and if upon the considera tion thereof two-thirds of all the members of the Supreme Court shall not affirm said judg ment below, the same shall be declared and held reversed. Pending this new section, Mr. Thomas Williams moved to substitute fol it these words : In all cases of writs of error from and appeal! to the Supreme Court of the United States, where is drawn in question the validity of u statute or an authority exercised by the United States, or the construction of any clause of the Constitution of the United States, or the validity of a statute of or an authority exercised under VOTES ON BILLS AND RESOLUTIONS. 351 any State on the ground of repugnance to the Constitution or laws of the United States, the hearing shall be had only before a full bench of the judges of said court, and no judgment shall be rendered or decision made against the valid ity of any statute or of any authority exercised by the United States except with- the concur rence of all the judges of the said court. Which was disagreed to — yeas 25, nays 124. The yeas were : Messrs. Arnell; Delos R. Ashley, James M. Ashley, Bingham, Cake, Sidney Clarke, Covode, Farnsworth, Harding, Judd, William Lawrence, Loan, Logan, May nard, McCarthy, McClurg, Mullins, Pile, Price, John Trimble, Van Aernam, Rohcn-t T. Van Horn, Ward, Thomas Williams, William Williams. Mr. James F. Wilson submitted the proviso in the section printed above, which was agreed to —yeas 111, nays 38 (all Democrats except Mr. Hawkins.) The amendment as amended was agreed to ; and the bill then passed — yeas 116, nay? 39, a party vote, except that Mr. Hawkins of Tennessee voted against the bill ; which was aot again considered in the Senate. Another Judiciary Act. March 11 — The Senate passed, without objec tion, the first section of the bill found below. March 12 — The House passed it, with the secoad section added, as an amendment, without a division . An aot to amend an act entitled "An act to amend the judiciary act," passed the 24th of . September, 1789. Be itenacted, &c, That final judgment in any circuit court of the United States, in any civil action against a collector or other officer of the revenue, for any act done by him in the per formance of his official duty, or for the recovery of any money exacted by or paid to him, which shall have been paid into the Treasury of the United States, may, at the instance of either party, be re-examined and reversed or affirmed in the Supreme Court of the United States, upon writ of error, without regard to the sum or value in controversy in such action. Seo. 2. That bo much of the act approved February 5, 1867, entitled " Au act to amend an act to establish the judicial courts ofthe United States," approved September 24, 1789, as author izes an appeal from the judgment of the circuit court to the Supreme Court of the United States, or the exercise of any such jurisdiction by said Supreme Court on appeals which have been or may hereafter be taken, be, and the same is " hereby, repealed. March 12 — The Senate concurred in the House amendment — yeas 32, nays 6, as follow : Yeas— Messrs, Anthony, Cameron, Cattell, Chandler, Cole, Conkling. Conness, Drake, Edmunds, Ferry, Fes senden, Frelinghuysen, Grimes, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Pomeroy, Ramsey, Ross, Sprague, Stewart, Sumner, Tipton, Trumbull, Van Winkle, V'ade, Willey, Williams— 32. Nats— Messrs. Buckalew, Fowler, Hendricks, McOreery, Norton, Vickers— 6. , March 25— The bill was returned with tlie ob jections of the President. March 27 — The bill passed the Senate, over the veto — yeas 33. nays 9, as follow : Keas— Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Cragin, Edmunds, Ferry, Frelinghuysen, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, Yates— 33. Nats — Messrs. Bayard, Buckalew, Davis, Dixon, Hend ricks, McCreery, Norton, Patterson of Tennessee, Sauls bury— Q, Same day — The House passed the bill — yeas 115, nays 34, as follow: Yeas — Messrs. Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker. Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Boutwell, Bromwell, Broomall, Buckland, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Coburn, Cook, Covode, Cullom, Dawes, Dixon, Dodge, Driggs, Eckley, Eggleston, Eliot, Farns\v-'>i-fh, Ferriss, Ferry, Fields, Gravely, Halsey, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, William Lawrence, Lincoln, Loan, Logan, Loughridge, Mallory, Maynard, McClurg, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Pomeroy, Price, Raum, Sawyer, Schenck, Scofield, Selyej Shanks, Smith, Spalding, Aaron F. Stevens, Thaddeus Stevens, Taft'e, Taylor, Thomas, John Trimble, Twichell, Upson, Burt Van Horn, Robert T. Van Horn, Van Wyek, Ward, Cadwalader C. Washburn, Ellihu B. Washburne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge — 115. Nats — Messrs. Adams, Archer, Axtell, Barnes, Beck, Brooks, Burr, Cary, Chanter, Eldridge, Fox, Getz, Gloss brenner, Golladay, Holman, Hotchkiss, Hubbard, Humph rey, Johnson, Kerr, Knott, Marshall, McCormick, Mungen, Niblack, Nicholson, Pruyn, Ross, Sitgreaves, Storie, Taber, Lawrence S. Trimble, Van Auken,. Woodward — 34. Whereupon tbe Speaker declared it to be alaw. For the Further Secnrity of Equal Rights in the District of Columbia. The following were the proceedings in Con gress on this bill : In Senate- 1867, July 17— This bill was passed: Be it enacted, &c, That in the District of Columbia no person shall be excluded from any office by reason of race or color, and so much of all laws making any such discrimination are hereby repealed. Yeas 25, nays 5, as follow : Yeas — Messrs. Cattell, Chandler, Cole, Edmunds; Fessenden, Frelinghuysen, Harlan, Henderson, How ard, Howe, Morgan, Morrill of Maine, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Thayer, Tipton, Wade, Willey, Wil son, Yates — 25. Nats — Messrs. Bayard, Buckalew, Davis, Hendricks, Johnson — 5. In Hodse. July 18 — The bill was amended by substituting after the word " that " the following : The word " white," wherever it occurs in the laws relating to the District of Columbia, or in the charter or ordinances of the city of Wash ington or Georgetown, and operates as a limita tion on the right of any elector of said District, or either of said cities, to hold any office, or to be selected and to serve as a juror, be, and the same is hereby, repealed, and it shall be unlaw ful for any person or officer to enforce or at tempt to enforce said limitation after the pass age of this act. And passed — yeas 90, nays 20, as follow : Yeas— Messrs. Allison, Anderson, James M. Ashley, Baker. Baldwin, Banks, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell, Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, 352 POLITICAL MANUAL. Coburn, Cook, Cornell, Covode, Dawes, Dixon, Driggs, Ferriss, Ferry, Fields, Finney, Gravely, Halsey, Hamilton, Hooper, Hopkins, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kit- •ohen, Koontz, William Lawrence, Lincoln, Loan, Logan, Loughridge, McClurg, Mercur, Moore, Morrell, Myers, Newcomb, O'Neill, Paine, Perham, Pike, Plants, Polsley, Price, Raum, Robertson, Schenck, Scofield, Selye, Shanks, Smith, Aaron F. Stevens, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Woodbridge— 90. Nats— Messrs. Adams. Archer, Barnes, Boyer, Brooks, Burr, Eldridge, Getz, Glossbrenner, Haight, Holman, Kerr, Niblack, Nicholson, Noell, Pruyn, Robinson, Stone, Van Auken, Van Trump — 20. July 19 — The Senate concurred without divis ion, adding an amendment about juries for 1867, which was also agreed to without division, and likewise concurred in by the House. The bill was presented to the President the day ofthe adjournment, and was not acted upon by him before adjournment. 1867, December 5 — The same bill again passed the Senate — yeas 32, nays 8, as follow : Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Fowler, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Ramsey, Ross, Sherman, Stewart, Sumner,. Thayer, Tipton, Trumbull, Wade, Willey, Williams, Wilson— 32. Nats — Messrs. Buckalew, Davis, Dixon, Doolittle, Hen dricks, Johnson, Norton, Patterson of Tennessee — 8. December 9 — The House passed it — yeas 104, nays 39, as follow : Yeas — Messrs. Allison, Ames, Arnell, James M. Ash ley, Bailey, Baker, Baldwin, Banks, Beaman, Benjamin, Benton, Bingham, Blaine, Boutwell, Bromwell, Broom all, Buckland, Butler, Churchill, Reader W. Clarke, Cobb, Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Farns worth, Ferriss, Ferry, Fields, Garfield, Halsey, Hamil ton, Harding, Hawkins, Hooper, Hopkins, HuBBafa, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Koontz, Laflin, William Lawrence, Lincoln, Logan, Loughridge, Lynch, May nard, McClurg, Mercur, Moorhead, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Plants, Poland, Polsley, Price, Robertson, Saw yer, Schenck, Shanks, Smith, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stewart, Stokes, Thomas^ Trimble, Trowbridge, Upson, Van Aernam, Robert T7 Van Horn, Cadwalader C. Washburn, Henry D. Wash burn, William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Windom— 104. Nats — Messrs. Adams, Archer, Axtell, Barnes, Beck, Boyer, Brooks, Burr, Chanter, Eldridge, Vetz, Glossbre/n, ner, Golladay, Grover, Haight, Holman, Richard D. Hub bard, Humphrey, Johnson, Jones, Kerr, Knott, Mallory, Marshall, Morgan, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Robinson, Ross, Sitgreaves, Taber, Van Auken, Van Trump, Wood, Woodward — 39. The ten days within which the President was required to act having expired during the Christmas adjournment, the President held that the bill fell, and he neither returned it with his objections, nor proclaimed it a law by reason of non-action. The law of the case is a disputed point, and led to a message from him January 23, 1868, in reply to a resolution of the Senate of January 8. The Eight-Hour Bill. 1868, January 6 — The House passed this bill, without a division : Be it enacted, &c, That eight hours shall conr stitute a day's work for all laborers, workmen, and mechanics now employed, or who may be hereafter employed, by or on behalf of the gov ernment of the United States; and that all acts and parts of acts inconsistent with this act be, and the same are hereby, repealed. June 24 — The Senate considered it, and Mr. Sherman moved to add a proviso : "Unless otherwise provided by law, the rate of wages paid by the United States Bhall be the current rate for the same labor, for the Bame time, at the place of employment ;" Which was disagreed to — yeas 16, nays 21, as follow : Yeas — Messrs. Cattell, Corbett, Davis, Edmunds, Fer ry, Fessenden, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ross, Sherman, Sumner, Van Winkle, Williams— 16; Nats— Messrs. Buckalew, Cole, Conkling, Conness, Cra gin, Dixon, Doolittle, Harlan, Hendricks, Johnson, Mc Donald, McOreery, Morton, Nye, Patterson of Tennes see, Pomeroy, Ramsey, Stewart, Tipton, Wade, Wilson —21. The bilLthen passed — yeas 26, nays 11, as follow : Yeas — Messrs. Buckalew, Chandler, Cole, Conness, Cra? gin, Dixon, Doolittle, Fowler, Harlan, Hendricks, How ard, McOreery, McDonald, Morton, Nye, Patterson ot New Hampshire, Patterson of Tennessee, Ramsey, Ross, Stewart, Thayer, Tipton, Wade, Williams, Wilson, Yates, —26. Nats— Messrs. Corbett, Davis, Edmunds, Ferry, Fes senden, Morgan, Morrill of Vermont, Pomeroy, Sher man, Sumner, Van Winkle— 11. XXXIII. GENERAL POLITICAL MISCELLANY. Votes of State Legislatures on the Fourteenth Amendment. In Political Manual for 1867, p. 68, and in the combined Manual, p. 194, is given the action of the States up to April, 1867. The record then stood : Ratifying States. — Maine, New Hampshire, Vermont, Massachusetts, Rhodo Island, Con necticut, New York, New Jersey, Pennsylvania, ¦ West Virginia, Ohio, Tennessee, Indiana, Illinois, Michigan, Missouri, Minnesota, Kansas, Wiscon sin, Oregon, Nevada — 21. Rejecting States — Delaware, Maryland, and Kentucky — 3. Besides the ten insurreo'.ionary States of Virginia, North Carolina, South Caro lina, Georgia, Florida, Alabama* Mississippi, * President Johnson's telegram to ex-Provisional Governor Parsons, of Alabama, on the ratification ol the Fourteenth Amendment : ex-goveenoe paesonb's telegeam. Montgomery, Alabama, January 17, 1867. Legislature in session. Efforts making to re consider vote on constitutional amendment. Ks- POLITICAL MISCELLANY. 353 Louisiana, Texas, Arkansas, as reorganized un der the Presidential plan — 13 in all. Not Acted — Iowa, California, Nebraska — 3. Subsequent Action of State Legislatures. Since that date, Iowa and Nebraska ratified the amendment and California rejected it, thus increasing the ratifying States to 23, and the rejecting to 4, excluding the ihsurrectibnary States, or 14 with them. The Legislatures of Ohio and New Jersey of J.8fiS passed resolutions' for the withdrawal of their previous ratification. In Ohio the vote on withdrawing, January 13, 18.68, was as follow: In Senate — yeas 19, nays 17, as follow : *' Tills— Messrs. Berry, Campbell, Carter, Dickey, Dowd- ney, Emmitt, Evans, Godfrey, Golden, Hutcheson, Jami- ion, Kenney, Lawrence, Linn, May, Rex, Scribner, Stam- tjauoh', Winner— 19. Nats— Messrs. Biggs, Brooks, Burrows, Conant, Co rey, Everett, Griswold, Hall, Jones, Keifer, Kessler, Kraner, Potts, Simmons, Torrence, Woodworth, Yeo- mpn— 17. , In House — yeas 56, nays 46, as follow : Yeas— Messrs. Acker, Baiter, Ball, Belville, Bcehmsr, f^ciiiwh, Buell, Oallen, CockeriU, Cusac, Denman, Dilworth, ungaii, Fielding, Finley, Fitch, Gaston, Gerhar't, Gordon, Beadle;/, Henricks, HiU of Defiance, Hard, Hughes of Butler, Hughes of Highland, Jewett, Jones, Kemp, fCen- noty Larwiu, Lawson, Leete, Momn, McMqrrell, Moffett, Wegf, Newman, Nichol, Partis, Parr, Pennisten, Read, Richardson, Robinson, ROss, Rutter, Shdw, ¦ Stickney, 8ww, Swetlcmd, Thompson of Stark, Thornhill, WalMng, WUspn, Worth, Mr. Speaker Pojfdp—6H. Nits— Messrs. Anderson, Beits,' Borden, Bronson, Brooke, Canfield, Cannon, Carpenter, Coleman, Dennis, Dickson, Dunn, Eames,,G&lIup, Hare, Hill of Erie, Hill of;F,ulton, Howard, Johnson, Kain, Kennett, Kerr of Fayette, Kerr of Jefferson, Lawrence, Lee, Lewton, McMorran, Moore, Parker, PoBd,> Ritezell, Rough, Rukenbrod, Saylor, Scott of Hamilton, Scott of .War ren, Sherwin, Sinclair, Sisler, Skaats, Thompson of Columbiana, Ullery, Warnking, Warren, Welsh, Wolf —46. In New Jersey, the resolution of Withdrawal 7T5 rr— ; '—, ¦ : , , . , port Irom Washington says it is probable an enabling act will pass. We do not know what to believe. I find nothing here. Lewis E. Parsons. - Exchange Hptei. His Excellency Andrew Johnson, President. eeply of the peesident. United States Military Telegraph,: Executive Office, Washington, D. C., January 17, 1867. What possible good can be obtained by recon- Bideringthe constitutional amendment? I know of none in the present posture of affairs ; and I do not believe the people of the whole country will sustain any set of individuals in attempts to change the whole character of oiir Government by enabling acts or. otherwise. I believe, on the, contrary, that they will eventually uphold Ml who have the patriotism and courage to itand by the Constitution, and who place their confidence in the people. There should be no faltering on the part of those who are honest is, tjieir determination to sustain the several co-or dinate departments of the -Government, in ac cordance with its original design. - Andrew Johnson, Hon. Lewis E. Paesons, Montgomery, Alabama. i8 passed the Senate February 19, 1868, and the House February 20, but was vetoed by the Governor- The resolution was repassed oyer the Gov-. ernor's veto, in thie Senate, March 5 — yeas 11, nays 9, as follow : '¦ -• ... . , . i . , ,, Yeas — Messrs. Anderson, Bowne, Dater, Edsall, GaskilU Hopper, Little, (Prttiident,) Rice, Robins, Wildrick, Win- field— -11. . Nats— Messrs. Bettle, Blackrnan, Clark, Cobb, Hays, HbrffSr, Plum'm'er, Eichey; Warwick— 9. The vote on passing in the House, March 25, was yeas 45, nays 13, a's follow: Yeas — Messrs. Albertson, Allen, j. L. Baldwin, Bergen, Brown, Christie, H. C. dark, H. F. Clark, Coghlan, Col lins, Carlies, Corson, Cox; Duryer, Evans, (Speaker,) Ful- mer, Givens. Hedden, HcndricjiSfln, Henry, Hering, Hood, Hough. Huff, Hunt, Jones, Ldnhihg. Lip'pincott, Magona- gle, Mdxibcll, Molony, Pearce, Picket, Price, Probasao, Rosenbauni, Sharp,. Soiith, Strong, Taylor, Van Vorst, Vllet, Westcott, Whelan, Wills— it. (One Democrat ab sent.) Nats — Messrs. Atwater, J. E. Baldwin, Cowperthwaite, Gage, Keim, Kennedy, Lord, Maekin, Nixon, Peek, Beeves, Speer, Van voqrhies — 13. (One Eepubliean absent.) ' Of the Insurrectionary States, Arkansas ratified the amendment, April 6, Senate, yeas 23, nays 0 ; and, April 3, House, yeas 56, nays 0. Florida ratified the amendment, June 9, in Senate, yeas 10, nays 3; and in House of Rep resentatives, yeas 25, hays 14. North Carolina ratified it, July 1, in the Sen ate 36 to 2, in the .House 72 to 23. With the ratification by the Legislatures of the. remaining.States whose restoration to represen.-. tation is dependent upon' that condition, as set, forth iri the aot of June 25, 1868, the requisite. three-fourths of the thirty- sey en States. vpil-l, .be. secured, even' conceding the right of. Ohio and; New Jersey to withdraw. Votes on Constitutional Amendments in the States. IN MIOHJfcAN. The yote in April 1868, on the new cpnstitn- i tion, as officially declared by the State board of canvassers, was as follow : Vote for the Constitution 71,733 Against the Constitution! ......,.'..„... 110,585 Majority against tfee-Coastitution.... 88,849 For prohibition 72,-l'G2 Against prohibition- 80.113 Majority against prohibition '.. 13,681 For annual sessions ;...'.. 24382 For biennial sessions...' .' ..:...' 100v314 Majority for biennial sessions 15,832 The yote on tbe constitution is larger by about 18,000' than the vote on Governor in 1,866; Total vote on constitution 182,31* "' " prohibition '...: — .. laS,60S " " sessions ..........: I24,79ti In October, 1867, the vote was taken on the. proposed constitutional amendment respecting; suffrage, for which see Political Manual for" 1867, page 131, or the combined. Manual, page^ 257- The result was : i 354 POLITICAL MANUAL. Against the amendment. 255,340 For the amendment 216,987 Total vote • 472,327 ¦Majority against on vote cast 88,353- Not voting on amendment. 12,276 Constitutional majority against...... 60,629 IN KANSAS. In November, 1867, the vote was taken on three proposed amendments respecting voters : First. To strike out the word "white." Second. To strike out the word "male." Third. To dis franchise rebels. The votes were as follows : On striking out " white," theyeas were 10,483, nays 19,421. Majority against, 8,938. On striking out '• male, the yeas were 9,070, nays 19,857. Majority against, 10,787. On disfranchising rebels, the yeas were 15,672, nays 12,990. Majority for, 2,682. IN MINNESOTA. In November, 1867, on » vote to amend the constitution so as to extend suffrage without regard to color, the yeas were 27,461, the nays 28,759. IN ILLINOIS. In November, 1868, a vote is to be taken for or against calling a convention to form a new constitution. __ FINANCIAL LEGISLATION. Act Authorizing the 6's of 1881. jfuly iKT. 1861 — An act to authorize a national loan, and for other purposes. :Sec. il. Be it enacted, &c, That the Secretary .of the Treasury be, and he is hereby, authorized to borrow on the credity of the United States, ¦within twelve/months from the passage of this act, a sum ,not ^ezceeding $250,000,000, or so aiuch thereof as he may deem necessary for the j public service, for which he is authorized to issue coupon bonds, or, registered bonds, or treasury notes, in such proportions of each as he may deem advisable"; the bands to bear interest not exceeding 7 per cent, per annum, payable semi annually, irredeemable for twenty years, and after that period redeemable at the pleasure of the United States; and -tbe treasury notes to be of any denomination fixed by the Secretary of the Treasury, not less than $50, and to be paya ble three years after date, with interest at the rate of seven and three^tenths per cent, per an num, payable semi-annually. Act Authorizing the 5.20's. February 25, 1862 — An .act to authorize the issue of United States notes., and for the re demption or funding thereof, and for funding ihe floating debt of the United .States. ******* Sec. 2. That to enable .the Secretary of the treasury to fund the treasury potes and floating -debt. of the United States, be.'is'here'by author- need :to issue, on the credit of the United States, coupon bonds, or registered bonds, to an amount naot.ex-oeeding $500,000,000, redeemable at the pleasure .of the United States after five years, and payable twenty years from date, and bear ing interest at the rate of 6 per cent, per an num, payable semi-annually. And the bonds herein authorized shall be of such denominations,. not less than $50, as .may be determined upon by the Secretary of the Treasury. And the Secretary of the Treasury may dispose of. such bonds at any time, at the market value thereof, for the coin of the United States, or for any of the treasury notes that have been or may here after be issued under any former act of Con gress, or for United States notes that may be issued under the provisions of this act ; and all stocks, bonds, and other securities of the United States held by individuals, corporations, or asso ciations, within the United States, shall be ex empt from taxation by or under State authority- Act Creating a Sinking Fund, &c. Sec. 5. That all duties on imported goods shall be paid in .coin, or in notes payable on demand heretofore authorized to be issued and by law receivable in payment of public dual, and the coin so paid shall be set apart aa a special fund, and shall be applied as follows : First. To the payment in coin of the interest on the bonds and notes of the United States. Second. To the purchase or payment of one per centum of the entire debt of the United States, to be made within each fiscal year after the 1st day of July, 1862, which is to be set apart as a sinking-fund, and the interest of which shall in like manner be applied to th'j purchase or payment of the public debt as the Secretaiy of the Treasury shall from time to time direct Third. The residue thereof to be paid into the Treasury of the United States. Act Authorizing the 10.40's. March 3, 1864 — An act supplementary to an act entitled "An act to provide ways and means for the support of the Government," approved March 3, 1863. Seo 1. Be it enacted, dec. That in lieu of so much ofthe loan authorized by the act of March 3, 1863, to which this is supplementary, the Sec retary of the Treasury is authorized to borrow, from time to time, on the credit of the United States, not exceeding $200,000,000 during the current fiscal year, and to prepare and issue therefor coupon or registered bonds of the United States, bearing date March 1, 1864, or any sub sequent period, redeemable at the pleasure of the government after any period not less than five years; and payable at any ptriod not more than forty years from date, in coij, and of such denom inations as maybe found expedient, not less th»n $50, bearing interest not exceeding Bix per centum a year, payable on bonds r.ot over $100 annually, and on all other bonds sisni-annually, in coin ; and he may dispose of such oonds at any time, on such terms as he may deem most advisable, for lawful money of the United States; or, at his discre tion, for treasury not'is, certificates of indebted: ness, or certificates of deposit, issued under -anjr act of Congress ; and all bonds issued under this act shall be exempt from taxation by or under State or municipal authority. And thevSecre- tary of the Treasury shall pay the necessary expenses of the preparation, issue, and dta'pml POLITICAL MISCELLANY. of such bonds out of any money in the treasury not otherwise appropriated, but the amount so paid shall not exceed one-half of one per cent um of the amount of the bonds so issued and Act Authorizing the Consolidated Loan of 1865. March 3,1865 — An act to provide ways- and ¦ means to support the government. Seo. 1. Be it enacted, &c, That the Secretary of the Treasury be, and he is hereby, author ized to borrow, ffom time to time, on the credit ofthe United States, in addition to the amounts leretofore authorized, any sums not exceeding in the aggregate $600,000,000, and to issue therefor bonds or treasury notes of the United States, in such form as he may prescribe ; and so much thereof as may be issued in bonds shall be of denominations not less than $50, and may be made payable at any period not more than forty years from date of issue, or may be made redeemable, at the pleasure of the government, at or after any period not less than fi 7e years nor .more than forty years from date, or may be made redeemable and payable as aforesaid, as maybe expressed upon their face ; and so much thereof as may be issued in treasury notes may bemade convertible into any bonds authorized by this act, and may be of such denominations —•aot less than $50 — and bear such dates and bo made redeemable or payable at such periods aa in the opinion of the Secretary of the Treas ury may be deemed expedient. And the inter est on such bonds shall be payable semi-annu ally ; and on treasury notes authorized by this act. the interest may be made payable semi annually, or annually, or at maturity thereof; and the principal or interest, or both, may be made payable^in coin or in other lawful money : Pruvided, That the rate of interest on any such bonds or treasury notes, when payable in coin, shall not exceed six per cent, per annum; and when not payable in coin shall not exceed seven and three-tenths per cent, per annum ; and the rate and character of interest shall be expressed on all such bonds or treasury notes. Act Creating Legal Tenders. February 25, 1862 — An act to authorize the ' issue of United States notes and for the re demption or funding thereof, and for funding the floating debt of the United States. Seo. 1. * * * And provided further, That the.amount of the two kinds of notes together shall at no time exceed the sum of $150,000,000, and such notes herein authorized shall be receiva ble in payment of all taxes, internal duties, ex cises, debts, and demands of every kind due to the United States, except duties on imports, and of aU claims and demands against the United States of every kind whatsoever, except for in terest 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 duties on imports and interest as aforesaid. Actliuiting the Amount of "Greenbacks." June 30, 1864.— An act to provide ways and means for the support of the government, and ¦ for other purposes. Sec. 1. Be it enacted, dec., That the Secretary of the Treasury he, and he is hereby, authorized to borrow, from time to time, on the credit of the United States, $400,000,000-, and to issue therefor coupon or registered bonds of the United States, redeemable at the pleasure of the Govern ment, after any period not less than five, nor more than thirty years, or, if deemed expedient, made payable at any period not more than forty years from date. And said bonds shall be of such denominations as the Secretary of the Treasury shall direct, not less than fifty dollars, and bear an annual interest not exceeding six per centum, payable semi-annually iu coin. And the Secretary of the Treasury may dispose of such bonds, or any part thereof, and of any bonds commonly known as five-twenties remaining unsold, in the United States, or if he shall find it expedient, in Europe, at any time, on such terms aa he may deem most advisable, for lawful money of the United States, or, at his discretion, for treasury notes, certificates of indebtedness, or certificates of deposit issued under any act of Congress. And all bonds, treasury notes, and other obligations of the United States, shall be exempt from taxation by or under State or mu nicipal authority. Sec. 2 That the Secretary of the Treasury may issue on the credit of the United States, and in lieu of au equal amount of bonds authorized by the preceding section and as a part of said loan, not exceeding $200,000,000 in treasury notes, of any denomination not less than ten dollars, payable at any time not exceeding three years from date, or, if thought more expe dient, redeemable at any time after three years from date, and bearing interest not exceeding the rate of seven and three tenths per centum, payable in lawful money at maturity, or, at the discretion ofthe 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 ioterest, at maturity, 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 creditor 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 dis cretion of the Secretary of the Treasury, into any bonds issued under the authority of this act. And the Secretary of the Treasury may redeem and cause to be cancelled and destroyed any treasury notes or United States notes here tofore 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: Provided, 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 here tofore issued; nor shall the total amount of United States notes, issued or to be issued, ever exceed $400,000,000, and such additional sum, not exceeding $50,000,000, as may be temporarily required for the redemption of ten*. 356 porary loan ; nor shall any treasury note bear ing interest, issued under this act, be a legal tender in payment or redemption of any notes issued by any bank, banking association, or banker, calculated or intended to circulate as money. Important Military Order in Texas. Austin, Texas, June 11, 1868. [General Orders, No. 13.] Trustworthy information received at these headquarters shows that in many counties in Texas organized bands of lawless men are com mitting murders, and otherwise violating the laws and disturbing the peace of the country: It is therefore ordered, thai all civil officers use increased diligence to arrest parties so offending. For this purpose, military aid will be rendered on application to any post commander in this POLITICAL MANUAL. State. Information with regard to offenders is requested from all citizens. Such information may be sent direct to these headquarters, or to the most convenient military post. When civil officers fail to discharge their duty, evidence-Jo that effect is requested, to the end that proper steps may be taken in the premises, where prisoners cannot be safely kept by the civil au thorities, they may be taken to the most conve nient military post, the commander whereof will receive the same, and hold them subject to orders from these headquarters. Full report and list of witnesses will be promptly forwarded in each case, in accordance with General Orders No. 41, from these headquarters, of Novem'bei 22, 1867. By command of Bvt. Maj. Gen. J. J. Reynolds C. E. Mouse, 1st Lieut. 26tt Inf., A. D. C. and A. A. A. G. XXXIV. NATIONAL PLATFORMS OF 1852, 1856, 1860 AND 1864. NATIONAL PLATFOKMS OF 1852. Democratic, at Baltimore, June. Resolved, That the American Democracy place their trust in the intelligence, the patriotism, and the discriminating justice of tbe American people. II. Resolved, That we regard this as a dis tinctive feature of our' political creed, which we are proud to maintain before the world as the great moral element in a form of government springing from and upheld by the popular will ; and we contrast it with the creed and practice of Federalism, under whatever name or form, which seeks to palsy the will of the constituent, and1 which conceives no imposture too monstrous for the popular credulity. III. Resolved, therefore, That, entertaining these views, the Democratic party of this Union,, through their delegates assembled in a general convention of the States, coming together in a spirit of concord, of devotion to the doctrines and faith of a free 'representative government,. and appealing to their fella«w-citizens for the rec titude of their intentions, renew and. re-aaser-t: before the American people the declarations of principles avowed by them when, on former oc casions, in general convention, they presented their candidates for the popular suffrage : 1. That the Federal Government is one of limited powers, derivedisolely from the Constitu tion, and the grants of power made- therein, ought! to be strictly construed by all the departments and agents of tbe Government ; and that it is inexpedient and dangerous to exercise doubtful constitutional powers; I 2: That the Constitution does not confer upon , the General Government the power to commence 1 and carry on a general system of internal im provements. 3. That the Constitution does not coufer au thority upon the Federal Government, directly or indirectly, to assume the debts of the several States, contracted for local internal improve ments or other State purposes ; nor would sucb assumption be just and expedient. 4. That justice and sound policy forbid the Federal Government to foster one branch of in dustry to ths detriment of any other, ,or to cher ish the, interests of one portion to the-i-njury ^f another portion of our common country ;. tfiat every eitizen, and every section of the country, has a right to demand and insist upon an equality of rights and. privileges, and to com plete and ample, protection of persons and prop erfcy from domestic violence or foreign aggres sion. 5. That it is the duty of every branch of tbe Government to enforce and practice the roost rigid economy in conducting, our public affai-ra, and that no more revenue ought to be raised than is required to defray the necessary expen ses of the Govermnent, and for the gradual but certain extinction, of the public debt. 6. That Congress has no power to charter » national bank ; that we believe such an insti tution one of deadly hostility to: the best inter ests of the country, dangerous to our republican institutions and thie liberties of. Che people, and calculated to plaee tbe biasiaess of the country within the control of a concentrated money power, and above the laws and' the will of the POLITICAL MISCELLANY. 357 people; and that the results of democratic leg islation, in this and all other financial measures upon which issues have been made between tbe two political parties of the country, have de monstrated, to candid and praotical men of all parties, their soundness, safety, and utility, in all business pursuits. 7. That the separation of the moneys of tbe Government from banking institutions is indis pensable for the safety of the funds" of the Gov ernment and the rights of the people. 8. That the liberal principles embodied by Jefferson in the Declaration of Independence, and sanctioned in the Constitution, which makes ours the land of liberty and the asylum of the oppressed of every nation, have ever been car dinal principles in the democratic faith ; and every attempt to abridge the present privilege of becoming citizens and the owners of soil among us, ought to be resisted with the same spirit which swept the alien and sedition laws from our statute-books. 9. That Congress has no power -under the Con stitution to interfere with or control the domestic institutions of the several States, and that such States are the sole and pToper judges of every thing appertaining to their own affairs, not pro hibited by the Constitution ; that all efforts of the abolitionists or others, made to induce Con gress to interfere with questions of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dangerous consequences; and that all such efforts have an inevitable tendency to diminish the happiness of the people, and endanger the sta bility and permanency of the Union, and ought not to be countenanced by any friend of our political institutions. IV. Resolved, That the foregoing proposition covers, and was intended to embrace, the whole subject of slavery agitation in Congress ; and, therefore, the Democratic party of the Union, standing upon this national platform, will abide by and adhere to a faithful execution ofthe acts known as the compromise measures settled by the last Congress, " the act for reclaiming fugi tives from service or labor" included ; wbich act, being designed to carry out an express provision of the Constitution, cannot, with fidelity there to, be repealed or so changed as to destroy or impair its efficiency. V. Resolved, That the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of tbe slavery question, under whatever shape or color the attempt may be made. VI. Resolved, That the proceeds ofthe public labde ought to he sacredly applied to the national objects specified in the Constitution ; and that. We are1 opposed to any law for the distribution of such proceeds among the States, as alike inexpedient in policy and repugnant to the Constitution. VII. Resolved, That we are decidedly opposed to taking from the President the qualified veto power, by which he is enabled, under restrictions and responsibilities amply sufficient to guard the public interest, to suspend the passage of a bill whos'e merits can not secure the approval of two- thirds of the Senate and House of Representa tives, until the judgment of the people can be obtained thereon, and which has saved the American people from the corrupt and tyranni cal domination of the Bank of the United States, ' and from a corrupting system of general inter nal improvements. VIII. Resolved, That the Democratic party will faithfully abide by and uphold the prin ciples laid down in the Kentucky and Virginia resolutions of 1798* and in the report of Mr. Madison to the Virginia Legislature in 1799 ; that it adopts those principles as constituting one of the main foundations of its political creed, and is resolved to carry them out in their obvious meaning and import. IX. Resolved, T.hat the war with Mexico, upon all the principles of patriotism and the laws of nations, was a just and necessary war on our part, in which every American citizen should have shown himself on the side of his country, and neither morally nor physically, by word or deed, bave given " aid and comfort to the enemy." X. Resolved, That we rejoice at the restoration of friendly relations with our sister Republic of Mexico, and earnestly desire for her all the blessings and prosperity which we enjoy under republican institutions; and we congratulate the American people upon the results of that war, which have so manifestly justified the pol icy and conduct of the Democratic party, and insured to 'be United States " indemnity for the past, and security for the future." XI. Resolved, That, in view of the condition of popular institutions in the Old World, a high and satred duty is devolved, with increased.res ponsibility, upon the Democratic party of this country, as the party of the people, to uphold and maintain the rights of every State, and thereby the Union of the States, and to sustain and advance among us constitutional liberty, by continuing to resist all monopolies and exclusive legislation for the benefit of the few at the ex pense of the many, and by a vigilant and con stant adherence to those principles and com promises of the Constitution, which are broad enough and' strong enough to embrace and up hold the Union as it was, the Union as it is, and the Union as it shall be, in the full expan sion of the energies and capacity of this great and progressive people. Whig, at Baltimore, June. The Whigs- of tbe United States, in conven tion assembled, firmly adhering to the great con servative republican principles by which they are controlled and governed, and now, as ever, relying upon the intelligence of the American people, with an abiding- confidence in their capacity for self-government and their continued devotion to flie- Constitution and the Union, do procliaim.thefollowing as the political sentiments and determinations for the establishment and maintenance of which their national organiza tion as a party is effected: I. The Government of the United States is of a limited character, and it is confined to the ex- * For these resolutions, see paces 128-131 ofthe Mai*- f the United States for their government, and tl at in the exercise of this power it is both the right and the duty of Congress to prohibit iu the Ter ritories those twin relics of barbarism, polyf'»ray and slavery. 3. That, while the Constitution ofthe Uuited States was ordained and established by the peo ple "in order to form a more perfect un'on, establish justice, insure domestic tranquillity, provide for the common defence, promote, tlis | general welfare, and secure the blessing' ol POLITICAL PLATFORMS. 359 liberty," and contains ample provisions for the protection of the life, liberty, and property of every citizen, the dearest constitutional rights of the people of Kansas have been fraudulently and violently taken from them ; their territory has been invaded by an armed force ; spurious and pretended legislative, judicial, and execu tive officers have been set over them, by whose usurped authority, sustained by the military power of the Government, tyrannical and un constitutional laws have been enacted and en forced ; the right of the people to keep and bear arms has been infringed ; test-oaths of an ex traordinary and entangling nature have been imposed as a condition of exercising the right of suffrage and holding office ; the right of an ac- ,. cused person to a speedy and public trial by an impartial jury has been denied ; the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, has been violated ; they have been Jeprived of life, liberty, and property without due process of law ; that the freedom of speech and of the press has been abridged; the right to choose their representatives has been made of no effect ; murders, robberies, and arsons have been instigated ahd encouraged, and the offend ers have been allowed to go unpunished; that all these things have been done with the know ledge, sanction, and procurement of the present Administration, and that for this high crime against the Constitution, the Union, and hu- jnanity, we arraign the Administration, the President, his advisers, agents, supporters, apol- . ogists, and accessories either before or after the fact, before the country and before the world ; and that it is our fixed purpose to bring the actual perpetrators of these atrocious outrages and their accomplices to a sure and condign ¦punishment hereafter. " 4. That Kansas should be immediately ad mitted as a State of the Union, with her present free constitution, as at once the most effectual way of securing to her citizens the enjoyment of the rights and privileges to which they are entitled, and of ending the civil strife now ..raging in her territory. 5. That the highwayman's plea that "might makes right," embodied in the Ostend circular, was in every respect unworthy of American diplomacy, and would bring shame and dishonor upon any Government or people that gave it their sanction. 6. That a railroad to the Pacific ocean by the most central and practicable route is impera tively demanded by the interests of the whole country, and that the Federal Government ought to render immediate and efficient aid in its construction ; and, as an auxiliary thereto, to the immediate construction of an emigrant route on the line of the railroad. 7. That appropriations by Congress for the improvement of rivers and harbors of a national character, required for the accommodation and security of our existing commerce, are author ized by the Constitution and justified by the obligation of Government to protect the lives and property of its citizens. ' 8. That wo invite the affiliation and co-opera tion of freemen of all parties, however differing from us in other respects, in support of the principles herein declared ; and, believing that the spirit of our institutions, as well as the Con stitution of our country, guaranties liberty oi conscience and equality of rights among citi zens, we oppose all legislation impairing their security. Democratic, at Cincinnati, Jane. The platform reiterates in detail the resolutions adopted in 1852, down to and including the Vlllth resolution, and added the following : And whereas 6ince the foregoing declaration was uniformly adopted by our predecessors in national conventions an adverse political and religious test- has been secretly organized by a party claiming to be exclusively American, it is proper that the American Democracy should clearly define its relation thereto, and declare its determined opposition to all secret political societies, by whatever name they may be called Resolved, That the foundation of this Union of States having been laid in, and its prosperity, expansion, and pre-eminent example in free gov ernment built upon, entire freedom in matters of religious concernment, and no respect of person in regard to rank or place of birth, no party can justly be deemed national, constitutional, or in accordance with American principles, which bases its exclusive organization upon religious opinions and accidental birth-place. And hence a politi cal crusade in the nineteenth century, and in the United States of America, against Catholic and foreign-born, is neither justified by the past history or the future prospects of the country, nor in unison with the spirit of toleration and enlarged freedom which peculiarly distinguishes the American system of popular government. And that we may more distinctly meet the issue on which a sectional party, subsisting exclu sively on slavery agitation, now relies to test the fidelity of the people, North and South, to the Constitution and the Union : 1. Resolved, That claiming fellowship with, and desiring the co-operation of all who regard the preservation of the Union under the Consti tution as the paramount issue, and repudiating all sectional parties and platforms concerning domestic slavery, which seek to embroil the States and incite to treason and armed resistance to law in the Territories, and whose avowed purpose, if consummated, must end in civil war and disunion, the American Democracy recog nize and adopt the principles contained in the organic laws establishing the Territories of Kan sas and Nebraska, as embodying the only sound and safe solution of the " slavery question" upon which the great national idea of the people of this whole country can repose in its determined conservatism of the Union — non-interference BY CONGEESS WITH SLAVERY IN STATE AND TER RITORY, OR IN THE DISTRICT OF COLUMBIA. 2. That this was the basis of tbe compromises of 1850, confirmed by both the Democratic and Whig parties in national conventions, ratified by the people in the election of 1852, and rightly applied to the organization of Territories in 1854. 3. That by the uniform application of this democratic principle to the organization of Ter ritories, and to the admission of new States, with 360 POLITICAL MANUAL. or without domestic slavery, as tney may elect, the equal rights of. all the States will be preserved intact, the original compacts of the Constitution maintained inviolate, and the perpetuity and expansion of this Union injured to its utmost capacity of embracing, in peace and harmony, every future American State that may be con stituted or annexed with a republican form of government. Resolved, That we recognize the right of the people of all the Territories, including Kansas and Nebraska, adting through the legally and fairly-expressed will of a majority Of" actual residents, and wherever the number of their inhabitants justifies it, to form a constitution, with or without domestic slavery, and be admit ted into the Union upon terms of perfect equality with the other States. Resolved, finally. That in the view of the con dition of popular institutions in the Old World (and the dangerous tendencies of- sectional agi tation, combined with tbe attempt to enforce civil and religious disabilities against the rights of acquiring and enjoying citizenship in our own laud,) a high and sacred duty is devolved with increased responsibility upon the Democratic parly of this country, as the party of the Union, to uphold and maintain the rights of every State, and thereby tbe Union of the States ; and to sustain and advance among us constitutional liberty, by continuing to resist all monopolies and exclusive legislation for the benefit of the few at the expense of the many, and by a vigi lant and constant adherence to those principles and compromises of the Constitution, which are broad enough and strong enough to embrace and uphold the Union as it was, the Union as it is, and the Union as it shall be, in the full expan sion of the energies and capacity of this great and progressive people. 1. Resolved, That there are questions connected with the foreign pblicy of this country, which are inferior to -no domestic question whatever. The time has come for the people of the' United States to declare themselves in favor of free seas and progressive free trade throughout the world, by solemn manifestations, to place their moral influence at the side of their successful example. [Adopted — yeas 230, nays 29.] 2. Resolved, That our geographical and po litical position with reference to the other States of this continent, no less than the interest of our commerce and the development of our growing power, requires that we should hold as sacred the principles involved in the Monroe doctrine ; their bearing and import admit of no miscon struction ; they should be applied with unbend ing rigidity. [Adopted— yeas 239, nays 21 ] 3. Resclved; That the" great highway which nature as. well as the assent of the States most immediately interested in its maintenance has marked out for a free communication between the Atlantic and the Pacific oceans, constitutes one of the most important achievements realized by the spirit of modern times and the uncon querable energy of- our people. That result should be secured! by a timely and efficient ex ertion of the control which we have the right to claim over it, and no power on earth should be suffered to impede or clog its progress by any interference with the relations it may suit Our policy to establish between our Government and the governments of the States within whose dominions it lies. We can, under no circum stance, surrender our preponderance in the ad justment of all questions arising out of it. [Adopted — yeas 180, nays 56.] 4', Resohed, That, in view of so commanding an interest, the people ofthe United States calf not but sympathize with the efforts which' are beiflg made by the people of Central America to regenerate that portion of the continent which covers the passage across the inter- oceanic isthmus. [Adopted — yeas 221, nays 38 J 5. Resolved, That the Democratic party will expect of the next Administration that every proper effort be made to insure our ascendandy^ in the Gulf of Mexico, and to maintain a jpej- manent protection to the great Outlets through which are emptied into its waters the products raised out of the soil and the commodities cre ated by the industry of the people of our western valleys and of the Union at large.'" [Adopted — yeas 229, nays 33.] The following resolution, reported from the committee on resolutions, was laid on the table—yeas 154, nays 120: Resolved, That the Democratic party redOg- nizes the great importance, in a political and commercial point of view, of a safe ahd speedV ' communication by military and postal roads, through our own territory, between the Atlantic ahd Pacific coasts of this Union, and that it is : the duty of the Federal Government to exercise ' promptly all its constitutional power for the attainment of that object. On tabling, the vote was: "' Yeas — Maine 1, New Hampshire 4, Massachusetts It, Rhode Island 4,- Connecticut 6, N«w Jersey 7, Penn sylvania 27, Delaware 3, Virginia 15, North Caroling ^0, South Carolina 8, Georgia 6, Alabama 9, Mississippi 7, Ohio jei Kentucky 8, Tennessee 3, Florida 3— 164.''' Nats— Maine 7, New Hampshire 1, Vermont's,- Mas sachusetts 12, Maryland 6, Georgia 4, Louisiania, 6, Ohio 6, Kentucky 4, Tennessee. 3, Indiana 13, Illiriofti li; Missouri 9',' Arkansas 4, Michigan 6, Texas 4, Biwa 4, Wisconsin 5, California 4^120. ¦ The second day thereafter the rules were sus pended — yeas 208, nays 88 — and this resolution was adopted — yeas 205, nays 87 : Resolved, That the Democratic party recOf1 nizes the great importance, in a political aiftl commercial point of- view* of a safe and speSdfr ¦ communication through our own territory be tween tbe Atlantic and Pacific coasts of the) Union, and that it is the duty of the Federal Government to exercise all its constitutional Eower to the attainment of that object, thereby inding the Union of these States in indissoluble bonds, and' opening to the rich commerce, of Asia an overland transit from the Pacific to- the Mississippi river, and the great lakes of tto North. ' NATIONAL PLATFORMS OF 1860. Republican, at Chicago, Hay. Resolved;, That we, the delegated representa tives of the Republican^ electors of the Unitea " States, in Convention assembled, in dischargWf ' the duty we owe to our constituents and 'out country, unite in the following declarations-.' 1. That tlie history ofthe nation, during ths POLITICAL PLATFORMS. 301 last four years, has fully established the propri ety and necessity of the organization and per- . petuation of the Republican party, and that the causes which called it into existence are perma nent in their nature, and now, more than ever before, demand its peaceful and constitutional triumph. .2, That the maintenance of the principles promulgated in the Declaration of the Indepen dence and embodied in the Federal Constitution, ¦'That all men are created equal ; that they are endowed by their Creator with certain inalien able rights ; that among these are life, liberty, and the pursuit of happiness ; that to secure these rights, governments are instituted among men, deriving their just powers from the con sent of the governed," is essential to the pre servation of our republican institutions ; and that the Federal Constitution, the rights of the Sta.te«, and the Union, pf the States, must and shall be preserved. 3. That to the Uuion of the States this ration owes its unprecedented increase in population, its surprising development of material resources, its. rapid augmentation of wealth, its happiness at home, and its honor abro id ; and we hold in abhorrence all schemes for disunion, come from whatever source they may: and we congratu late the country that no Republican member of Congress has uttered or countenanced the threats of. disunion so often made by Democratic mem bers, without rebuke and with applause from their political associates ; and we denounce those threats of disunion, in case of a popular over throw of their ascendency, as denying the vital principles of a free government, and as an avowal of contemplated treason, which it is the impera tive duty of an indignant people sternly to re buke and forever silence. % That the maintenance inviolate of tho.rights of the States, and especially the right of each Sfpte to order and control its own domestic in stitutions according to its own judgment exclu sively is essentia) to that balance of power on wh^ch the perfection and endurance of our po litical fabric depends ; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes. 5. That the. present Democratic Administra tion has far exceeded our worst apprehensions, ia Its measureless subserviency to the exactions ota sectional interest, as especially evinced in its, desperate exertions, to force the infamous Lecompton constitution upon the protesting peo ple of Kansas ; in construing the personal rela tion between master and servant to involve an unqualified property in persons ; in its attempted enforcement everywhere, on land and sea, through the intervention of Congress and of the Federal courts, of tbe extreme pretensions of a purely local interest; and in its general and un varying abuse of the power intrusted to it by a confiding people, y. That the. people justly view with alarm the KpSJess extravagance, w'hicb pervades every department of the. Federal Government ; that a return to rigid economy and accountability is indispensable to arrest" the systematic plunder ¦«..t(he public treasury by favored partisans, while the recent startling developments of frauds and corruptions at the Federal metropolis show that an entire change of administration is im peratively demanded. 7- That the new dogma, that the Constitution, of its own force, carries slavery into any or ali of the Territories of the United States, is a dan gerous political heresy, at variance with the ex plicit provisions of that instrument itself, with contemporaneous exposition, and with legisla tive and judicial precedent; is revolutionary in its tendency, and subversive of the peace and harmony of the country. 8. That the normal condition of all the terri tory of the United States is that of freedom ; that as our republican fathers, when they had abolished slavery in all our national territory, ordained that "no person should be deprived of life, liberty, or property, without due process of law," it becomes our duty, by legislation, when ever such legislation is necessary, to maintain this provision of tbe Constitution agamst all attempts to violate it; and wedeny the authority of Congress, of a territorial legislature, or of any individuals, to give legal existence to slavery in any Territory of the United States. 9. That we brand the recent re-opening of the African slave-trade, under the cover of our na tional flag, aided by perversions of judicial power, as a crime against humanity and a burn ing shame to our country and age ; and we call upon Congress to take prompt and efficient measures for the total and final suppression of that execrable traffic. 10. That in the recent vetoes, by their Federal governors, of the acts of the legislatures of Kansas and Nebraska, prohibiting slavery in those Territories, we find a practical illustration of the boasted democratic principle of non intervention and popular sovereignty, em bodied in the Kansas-Nebraska bill, and a demonstration of the deception and fraud in volved therein. 11. That Kansas should of right, be immedi ately admitted as a State under the constitution recently- formed and adopted by her people and accepted by the House of Representatives. 12, That, while providing revenue for the support of the General Government by duties upon imports, sound policy requires such an adjustment of these imposts as to encourage the development of the industrial interests of tbe whole country ; and we commend that policy ol- national exchanges which secures to the work- ingmen liberal wages, to agriculture remuner ative prices, to mechanics and manufacturers an, adequate reward for their skill, labor, and enter prise, and to the nation commercial prosperity and independence. 13. That we protest agamst any sale or aliena tion to others of the- public lands held by actual settlers, and against any view of the free home stead policy which regards the settlers as paupers or suppliants for public bounty ; and we demand the passage by Congress of the complete and satisfactory homestead measure which has al ready passed the House. 14. That the Republican party is opposed to any change in our naturalization laws, or any State legislation by which the rights of citizen- 362 POLITICAL MANUAL. ship hitherto accorded to immigrants from for eign lands shall be abridged or impaired ; and in favor of giving a full and efficient protec tion to the rights of all classes of citizens, whether native or naturalized, both at home and abroad. 15. That appropriations by Congress for river and harbor improvements of a national charac ter, required for the accommodation and security of an existing commerce, are authorized by the Constitution and justified by the obligation of Government to protect the lives and property of its citizens. 16. That a railroad to the Pacific ocean is imperatively demanded by the interests of the whole country ; that the Federal Government ought to render immediate and efficient aid in its construction ; and Lhat, as preliminary there to, a daily overland mail should be promptly established. 17- Finally, having thus set forth our distinc tive principles and views, we invite the co-ope ration of all citizens, however differing on other questions, who substantially agree with us in their affirmance and support. Democratic (Douglas) Platform, adopted at Charleston and Baltimore, June. 1. Resolved. That we, the Democracy of the Union, in convention assembled, hereby declare our affirmance of the resolutions unanimously adopted and declared as a platform of princi ples by the Democratic Convention in Cincin nati, in the year 1856, believing that Democratic principles are unchangeable in their nature, when applied to the same subject-matters; and we recommend, as the only further resolutions, the following: 2. Resolved, That it is the duty of the United • States to afford ample and complete protection to all its citizens, whether at home or abroad, and whether native or foreign. 3. Resolved, That one of the necessities of the age, in a military, commercial, and postal point of view, is speedy communication between the Atlantic and Pacific States ; and the Democratic party pledge such constitutional Government aid as will insure the construction of a railroad to the Pacific coast at the earliest practicable period. 4. Resolved, That the Democratic party are in favor of the acquisition of the Island of Cuba, on such terms as shall be honorable to ourselves and just to Spain. 5. Resolved, That the enactments of State legislatures to defeat the faithful execution of the fugitive-slave law are hostile in character, subversive of the Constitution, and revolutionary in their effect. 6. Resolved, That it is in accordance with the true interpretation of the Cincinnati platform that, during the existence of the territorial gov ernments, the measure of restriction, whatever it may be, imposed by the Federal Constitution on the power of the territorial legislature over the subject of the domestic relations, as the same has been, orshall hereafter be. finally determined by the Supreme Court of the United States, should be respected by all good citizens, and enforced with promptness and fidelity by every branch of the General Government. . Democratic (Breckinridge) Platform, adopted at Charleston and Baltimore, June. Resolved, That the platform adopted by the Democratic party at Cincinnati be affirmed, with the following explanatory resolutions : 1. That the government of a territory organ ized by an act of Congress ia provisional and temporary, and during its existence all citizens of the United States have an equal right to set tle with their property in the territory, without their rights, either of person or property, being destroyed or impaired by congressional or ter ritorial legislation. 2. Thatfit is the duty of the Federal Govern ment, in all its departments, to protect, when necessary, the rights of persons and property in the territories, and wherever else its constitu tional authority extends. 3. That when the settlers in a territory, hav ing an adequate population, form » State con stitution, the right of sovereignty commences, and, Being consummated by admission into the Union, they stand on an equal footing with. the people of other States; and the State thus organized ought to be admitted into the Federal Union, whether its constitution prohibits or re cognizes the institution of slavery. 4. That the Democratic party are in favor, of the acquisition of the Island of Cuba, on such terms as shall be honorable to ourselves and just to Spain, at the earliest practicable mo ment. 5. That the enactments of State legislatures to defeat the faithful execution of the fugitive- slave law are hostile in character, subversive of tbe Constitution, and revolutionary in their effect. 6. That the Democracy of the United States' recognize it as the imperative duty of this Go vernment to protect tbe naturalized citizen. in all his rights, whether at home or in foreign lands, to the same extent as its native-born citizens. Whereas one of the greatest necessities of the age, in a political, commercial, postal, and mili tary point of view, is a speedy communication between the Pacific and Atlantic coasts ; there fore, be it Resolved, That tlie National Democratic party do hereby pledge themselves to use every means in their power to secure the passage of some bill, to the extent of the constitutional authority of Congress, for the construction of a Pacific rail road from the Mississippi river to the Pacific ocean, at the earliest practicable moment. NATIONAL PLATFORMS OF 1864. Republican, at Baltimore, June, Resolved, That it. is the highest duty of overy American citizen to maintain against all their enemies the integrity of the Union and the par amount authority of the Constitution anil laws of the United States ; and that, laying aside aU differences of political opinions, we pledge ouri selves as Union men, animated by a common sentiment, and aiming at a, common object, to do everything in our power' to aid the Govern ment, in quelling by force of arms the rebellion now raging against its authority, ard in bring- POLITICAL PLATFORMS. 363 ing to tho punishment due to their crimes the rebels and traitors arrayed against it. 2. That we approve the determination of the Government ofthe United States not to compro mise with rebels, or to offer them any terms of peace, except such as may be based upon an un conditional surrender of their hostility and a re turn to their just allegiance to the Constitution and laws of the United States ; and that we call upon the Government to maintain this position and to prosecute the war with the utmost pos sible vigor to the complete suppression of the rebellion, in full reliance upon the self-sacrific ing patriotism, the heroic valor, and the undying devotion of the American people to the country and its free institutions. ¦ 3. That as slavery was the cause, and now constitutes the strength of this rebellion, and as it must be always and everywhere hostile to the principles of republican government, justice and -the national safety demand its utter and com plete extirpation from the soil of the republic ; and that while we uphold and maintain the acts and proclamations by which the Government, in j)s own defence, has aimed a death-blow at this gigantic evil, we are in favor, furthermore, of such an amendment to the Constitution, to be made by the people in conformity with its pro visions, as shall terminate and forever prohibit the existence of slavery within the limits of tbe jurisdiction of the United States. 4. That tbe thanks of the American people are due to the soldiers and sailors of the army and navy, who have perilled _their lives in de fence of their country and in vindication of 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 vision for those of their survivors who have re ceived disabling and honorable woundB in the service of the country ; and that the memories of those who have fallen in its defence shall be held in'jjrateful and everlasting remembrance. 5. That we approve and applaud tbe practical wisdom, the unselfish patriotism, and the un swerving fidelity to the Constitution and the prin ciples of American liberty, with which Abraham Lincoln has discharged, under circumstances of unparalleled difficulty, the great duties and res ponsibilities of the presidential office ; tbat we approve and endorse, as demanded by the emer gency and essential to the preservation of the nation and as within the provisions of the Con stitution, the measures and acts which be has adopted to defend the nation against its open and secret foes ; that we approve especially the proclamation of emancipation and the employ ment as Union soldiers of men heretofore held in slavery ; and that we have full confidence in his determination to carry these and all other constitutional measures essential to tbe salvation of the country into full and complete effect. 6. That we deem it essential to the general welfare that harmony should prevail in the na tional councils, and we regard as worthy of pub lic confidence and official trust those only who cordially endorse the principles proclaimed in these resolutions, and which should characterize the administration of the Government. 7. That the Government owes to all men em ployed in its armies, without regard to distinction of color, the full protection of the laws of war; and that any violation of these laws, or of the usages of civilized nations in time of war by the rebels now in arms, should be made the subject of prompt and full redress. 8. That foreign immigration, which in the past has added so much to the wealth, development of resources and increase of power to the nation — the asylum of the oppressed of all nations — shouli be fostered and encouraged by a liberal and just policy. 9. That we are in favor of the speedy con struction of the railroad to the Pacific coast. 10. That the national faith, pledged for the redemption of the public debt, mustbe kept in violate, and that for this purpose we recommend economy and rigid responsibility in the public 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. 11. That we approve tbe position taken by the Government tbat 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 ; and that they will view with extreme jealousy, as menacing to the peace and inde pendence of their own country, the efforts of any Buch power to obtain new footholds for monarch ical governments, sustained by foreign military force, in near proximity to the United States. Democratic, at Chicago, August. Resolved, That in the future, as in the past, we will adhere with unswerving fidelity to the Union under tbe Constitution as the only solid foundation of our strength, security, and hap piness aB a people, and as a framework of gov ernment equally conducive to the welfare and prosperity of all tbe States, both northern and southern. Resolved, That this convention does explicitly declare, as the sense of the American people, that after four years of failure to restore the Union by the experiment of war, during which, under the pretence of a military necessity or war- power higher than tbe Constitution, the Consti tution itself has been disregarded in every part, and public liberty and private right alike trod den down, and the material prosperity of the country essentially impaired, justice, humanity, liberty, and the public welfare demand that im mediate efforts be made for a cessation of hos tilities, with a view to an ultimate convention of the States, or other peaceable means, to the end that, at the earliest practicable moment, peace may be restored on the basis of the Fede ral Union of the 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 viol ation of the Constitution, and a repetition of such acts in the approaching election will be held as revolutionary, and resisted with all the means and power under our cont'd. 364 POLITICAL MANUAL. Resolved, That the aim and object of the De mocratic party is to preserve the Federal Union and the rights of the States unimpaired, and they hereby declare that they consider that the ad ministrative usurpation of extraordinary and dangerous powers not granted by the Constitu tion — the subversion of the civil by military law in States not iu insurrection ; the arbitrary military arrest, imprisonment, trial, and sentence of American citizens in States where ciyil law exists in full force ; the suppression of freedom of speech and of the press ; the denial of the right of asylum ; the open and avowed disre gard of State rights;- tbe employment of un usual test-oaths ; and the interference with and denial ofthe right of the people to bear arms in their defence is calculated to prevent a restoration of the Union and the perpetuation of a Govern ment deriving its just powers from the consent of the governed. Resolved, That the shameful disregard of the Administration to its duty in respect to our fellow-citizens who now are and long have been prisoners of war in a suffering condition de serves 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 army and sailors of our navy, who are and have been in the field and on the sea under the flag of our country, and, in the event of its attaining power, they will receive all the care, protection, and regard that the brave sol diers and sailors of the republic so nobly earned. NATIONAL ,PLAf FORMS OF 1868, THE LETTERS OP ACCEPTANCE OF CANDIDATES, AND SUNDRY PROCEEDINGS OP THE CONVENTIONS. - Republican, at Chicago, May.* The National Republican, party- of the. United States, assembled in National Convention in the city of Chicago, on the 21st day of May, 1866, make the following deelaration of principles: 1. We congratulate the country on tbe assured success of the reconstruction policy of Congress, as evinced by the adoption, in the majority of the States lately- in rebellion, of constitutions securing equal oivil and political rights to all ; and it is. the duty of the Government to, sustain those institutions and to prevent the people of such States from being remitted to a state of an archy. 2. The guaranty by Congress of equal suffrage. to all loyal men at the South was demanded by every consideration of public safety, of grati tude, and of justice, and moist be maintained;. while the question of suffrage in all the loyal States properly belongs to the. people of those States. * Reported from the following committee on reso lutions: Alabama — D, c. Humphreys. Arkansas— H. B. Mor-sc. Colorado-^G, M. Chrkott. CotmecKeut^Si. M. Woodward. Delaware — C. &. Layton. Florida— J& G-, Bpder. Georgia— R. H. McCoy. Illinois— Herman Raster. Indiana— Richard W. Thompson. Iowa— G. M. Eodge. Kansas— B. F. Simpson, Kentucky— Charles Eginton. Louisiana — William R. ifi-sh. Maine — Eu gene Haill Maryland — Massachusetts— F. W. Bird. Michigan — R. R. Beecher. MiMiesotaS. M. McClel-. land. Mississippi— A. R. Howe. Missouri— Robert T. Van Horn. Nebraska — R. W. Furnies. Nevada— Gi E. De Long. New.Hanipshvre-7-0. F. Briggs. New J'ersey — John Davidson. NA rbrt-^GIiarlBS Andrews. Nbt'th Carolina— L. G. Estes; Gfeio-r-Ji Ci Lee. Oregon— Hi R. Kinoaid,, Pemisyj.vaniOr-SaTnvfil E. Dimmick, Rhode Island— R.G. Hazard. South Carolina— B. 6. Duncan. Tenr^ssee— w. G-l Elliott. Texas— George W. Paschal: Vermont^-Vf. H. Johnson. Virginia— L. Bill. West' Virginia— Si. S. Brown, Wiscansm^-'&. Rublee, The thirteenth and fourteenth were added to the committee's resolutions on mbtitu: of- General Carl Bohurz. 3. We denounce all forms of repudiation as a national crime ; and the national honor requires the payment of the public indebtedness in the uttermost good faith- to all creditors at home and abroad, not only according to the letter, but the spirit of the laws- under which it was contracted. 4. It is due to tbe labor of the nation that taxation should be equalized, and reduced as rapidly as the national faitb will permit. 5. The national debt, contracted as it has been for tbe preservation of the Union for all time to come^ should be extended over a fair period for redemption ; and it is the duty of Congress to reduce the rate of interest thereon, whenever it can be honestly done. 6. That the best policy to diminish our burden of debt is to so improve our credit that capital ists will seek to loan us money at lower rates of interest than we now pay,, and must, continue, to pay so long as repudiation, partial or total,, open or covert, is threatened or suspected. 7. The Governmentof the United States should: be administered with the strictest eoonomy ; and the corruptions which have been so shamefully nursed and fostered by Andrew Johnson caU' loudly for radical reform. 8. We profoundly deplore the. untimely and'' tragic death, of Abrabam Lincoln,, and regret the- ; accession to, the Presidency of Andrew JohnsojLj. i who has acted treacherously to the people who ¦elected him and the causa he was pledged to support ;, who has usurped high legislative and, judipial functions; who has refused to execute the laws.; who has used his high office to induce: other officers to, ignore and violate the laws.;. | who has employed his executive powers to rear ider insecure the property, the peace,,liberty and, 'life, of the- citizen j who has abused the pardoo- ing power ; who has denounced the nationll POLITICAL PLATFORMS. 365 legislature as unconstitutional : who has per sistently and corruptly resisted, by every means in his power, every proper attempt at the re construction of the States lately in rebellion ; who has perverted the public patronage into an engine of wholesale corruption ; and who has been justly impeached for high crimes and mis demeanors, and properly pronounced guilty thereof by the vote oi thirty-five Senators. 9. The doctrine of Great Britain and other Eu ropean powers, that because a man is once a subject he is always so, must be resisted at every hazard by the United States, as a relic of feudal times, not authorized by the laws of nations, and at war with our national honor and iQde ptndence. Naturalized citizens are entitled to protection in all their rights of citizenship, as though they were native-born ; and no citizen of the United States, native or naturalized, must be liable to arrest and imprisonment by any foreign power for acts done or words spoken in this country ; and, If so arrested and impris oned, it is the duty of the Government to inter fere in his behalf. 10. Of all who weTe faithful in the trials of the late war, there were none entitled to more especial honor than the brave soldiers and sea men who endured the hardships of campaign and cruise, and imperilled their lives in the ser vice of the country; the bounties and pensions" provided by tbe laws for these brave defenders of the nation are obligations never to be for gotten ; the widows and orphans of the gallant dead are the wards of the people — a sacred legacy bequeathed to the nation's protecting eare. 11. Foreign immigration, wfeich in the past has added so much fo the wealth, development, Mid resources, and increase of power to wiis re public, the asylum of the oppressed df all na tions, should be fostered ana encouraged by1 a Bberal and just policy. 12. This convention declares itself in sym' pathy with all oppressed peoples struggling for their rights. 13. That we highly commend the spirit Of magnanimity and forbearance with -Which men who have served in the rebellion, but who now frankly and honestly1 co6pera-te with us in re storing the peace of the country and reconstruct ing the southern State governments upon the basis of impartial justice and equal rights, are received back into the communion of the loyal people ; and we favor the remo-val of the' dis- flttalifications and restrictions imposed upon the late rebels in the same measure as tbe spirit of disloyalty will die out, and as may be consistent) with the safety of the loyal people. 14. That we recognize the great principles laid down in .the immortal Declaration of Ibdepend- enoe, as the true foundation of democratic gov ernment; and we hail witbgl'adaess wery effort toward making fctaese principles a living reality on every inch of American soil. Soldiers and Sailors'' National Convention, at Chicago, May. .1. Resolved, That thesoldiers and sailors^tead- fast now as ever to the Union and the flag, and fully recognizing the claims of General Ulysses S. Grant to the confidence of the Amorioan peoile, and believing that its victories under his guidance in war will be illustrated by him in peace by such measures as shall secure the fruits of our exertions ahd the restoration of the Union upon a loyal basis, we declare it as our deliberate con viction that he is the choice of the soldiers and sailors of the Union for the office of President of the United States. 2. That in the maintenance of those principles which underlie our Government, and for wbieh we fought during four years,- we pledge our earnest and active .support to tbe Republican party as the only political organization whioh, in our judgment, is true to tbe principles of loy alty and equality before tbe law, 3. That speaking for ourselves and the soldiers and sailors who imperilled their lives to preserve the Union, we believe that the impeachment of Andrew John-son by the House of Representa tives, for high Grimes and misdemeanors in office, and bis trial before the United States Senate, have presented unmistakable proofs of his gujjt, and that whatever may be the judgment of the tribunal before which he is arraigned, the verdict of guilty has been rendered by the people, and we regard any Senator who has voted for acquit tal as falling short of the proper discharge of his duty in this hour of the nation's trial, and as unworthy of the confidence of a brave and loyal people. 4. That tbe soldiers and sailors recognize no difference between- native and adopted citizens, and they demand that the Government shall protect naturalized citizens abroad as well as those of native- birth. LETTERS OF ACCEPTANCE OF THE BEPTJB- LICAN NOMINEES. General Grant's Letter. Washington, D. C, May 29, 1868. i General Joseph fi. Hawley,. President Nat. Union Republican Convention .- In formally accepting the nomination of the National Unipn Republican Convention of the 21st of May instant, it seems proper that some statement of views beyond the mere acceptance of the nomination should be expressed. jhe proceedings ofthe convention were marked with wisdom, moderation, and patriotism, and I believe express the feelings of the great mass of those who sustained the country through its recent trials. I endorse their resolutions. If elected to the office of President of the United States, it will be my endeavor to administer all the laws in good faith, with economy, and with the view of giving peace, quiet, and protection everywhere. In times like the present it is im possible, or at least eminently improper, to lay down a policy to be adhered to, right or wrong, through an administration of fouf years. KeW ¦political issues, not foreseen, are constantly arising ; the views of the public on Old ones are constantly changing, and a purely ad-ministra-- ,tive officer should always be left free to execute ¦the Will of the people. I always have respected that-will and always shall. Peace and universal prosperity, its sequence, with economy of administration, will lighWn the 366 POLITICAL MANUAL. burden of taxation, while it constantly reduces the national debt. Let us have peace. With great respect, your obedient servant, U. S. Geant. Mr. Colfax's Letter. Washington, May 30, 1868. Hon. J. R. Hawley, President Nat. Union Republican Convention. Dear Sie : The platform adopted by the pa triotic convention over which you presided, and the resolutions which so happily supplement it, so entirely agree with my views as to a just national policy, that my thanks are due to the delegates, as much for this clear and auspicious declaration of principles aB for the nomination with which I have been honored, and which I gratefully accept. When a great rebellion, which imperilled the national existence, was at last overthrown, the duty of all others devolving on those intrusted with the responsibilities of legislation evidently was to require tbat the revolted States should be readmitted to participation in the Government against which they had warred only on such a basis as to increase and fortify, not to weaken or endanger, the strength of the nation. Certainly no one ought to have claimed that they should be readmitted under such rules that their organization as States could ever again be used, as at the opening of the war, to defy the national authority, or to destroy the national unity. This principle has been the pole-star of those who have inflexibly insisted on the con gressional policy your convention so cordially endorsed. Baffled by executive opposition, and by persistent refusals to accept any plan of re construction proffered by Congress, justice and public safety at last combined to teach us that only -by an enlargement of suffrage in those States could the desired end be attained, and that it was even more safe to give the ballot to those who loved the Union than to those who had sought ineffectually to destroy it. The assured success of this legislation is being written on the adamant of history, and will be our trium phant vindication. More clearly, too, than ever before does the nation now recognize that the greatest glory of a republic is, that it throws the shield of its protection over the humblest and the weakest of its people, and vindicates the rights of the poor and the powerless as faithfully as those of the rich and the powerful. I rejoice, too, in this convention, to find in your platform the frank and fearless avowal that the naturalized citizens must be protected abroad, " at every hazard, as though they were native-born." Onr whole people are foreigners or descendants of foreigners. Our fathers estab lished by arms their right to be called a nation. It remains for us to establish the right to wel come to our shores all who are willing by oaths of allegiance to become American citizens. Per petual allegiance, as claimed abroad, is only another name for perpetual bondage, and would make all slaves to the soil where first they saw the light. Our national cemeteries prove how faithfully these oaths of fidelity to their adopted land have been sealed in the life blood of thous ands upon thousands. Should we not then be faithless to the dead if we did not protect their living brethren in the enjoyment of that nation ality, for which, side by side with the native- born, our soldiers of foreign birth laid down their lives. It was fitting, too, that the representatives of a party which had proved so true to national duty in time of war should speak so clearly in time of peace for the maintenance untarnished of national honor, national credit, and good faith as regards its debt, the cost of our national existence. I do not need to extend this reply by further' comment on a platform which has elicited such hearty approval throughout the land. The debt of gratitude it acknowledges to the brave men who saved the Union from destruction — the frank approval of amnesty based on repentance and loyalty — the demand for the most thorough; economy and honesty in the Government — tne sympathy of the party of liberty with all throughout the world who long for the liberty we here enjoy — and the recognition* of the sub lime principles of the Declaration of Indepen dence, are worthy of the organization on whose banners they are to be written in the coming contest. Its past record cannot be blotted out or for gotten. If there had been no Republican party, slavery would to-day cast its baleful shadow over the republic. If there bad been no Repub lican party, a free press and free speech would be as unknown from the Potomac to the Rio Grande as ten years ago. If the Republican party could have been stricken from existencs when the banner of rebellion was unfurled, and, when the response of " no coercion" was heard at the North, we would have had no nation to day. But for the Republican party daring to risk the odium of tax and draft laws, our flag could not have been kept flying on the field till the long-looked-for victory came. Without a Republican party, the civil rights bill, the guar* antee of equality under the law to thS humble and the defenceless as well as to the strong, would not be to-day upon our national statute-book. With such inspirations from the past, and following the example of tbe founders of the republic, who. called the victorious general of the Revolution to preside over the land his tri umphs had saved from its enemies, I cannot doubt that our labors will be crowned with sue-; cess. And it will be a success that will bring restored hope, confidence, prosperity and pro gress, South aa well as North, West as well as East, and above all, the blessings under Provi dence of national concord and peace. Very truly, yours, Schuyler Colfax. The nomination of General Grant was madeon the first ballot. That of Mr. Colfax occurred oo the fifth ballot, aa follows : 1st. 2d. Sd. Uh. 6JV Schuyler Colfax, of Indiana. 115 148 165 186 Ml Bern. P. Wade, of Ohio 147 170 178 206 88 Reuben E. Fenton, of N. T. 126 144 139 144 69 Henry Wilson, of Mass 119 114 101 87 - Andrew G. Curtini of Pa 61 46 40 - - Hannibal Hamlin, of Maine. 28 SO 26 25 « James Speed, of Kentucky. 22 - - - ."* James Harlan, of Iowa. 16 '¦*" John A. J. Creswell, of Md.... 14 - - - • •"¦ William D. Kelley, of Pa 4 - - - Samuel C. Pomeroy, of Kas.. 6 POLITICAL PLATFORMS. 367 Democratic, at New York, July.* The Democratic Partj', in National Convention assembled, reposing its irust in the intelligence, patrietism, and discriminating justice of the peo- §le, standing upon the Constitution as the foun- ation and limitation of the powers of the Gov ernment, and the guarantee of the liberties of the citizen, and recognizing the questions of slavery and secession as having been settled, for all-time to come, by the war or the voluntary action of the Southern States in constitutional conventions assembled, and never to be renewed or reagitated, do with the return of peace, de mand : First — Immediate restoration of all the States to their rights in the Union under the Constitu tion, and of civil government to the American people. Second — Amnesty for all past political offences, and the regulation of the elective franchise in the States by their citizens. Third— Payment of the public debt of the United States as rapidly as practicable ; all moneys drawn from the people by taxation, ex cept so much as is requisite for the necessities of the Government, economically administered, being honestly applied to such payment, and where the obligations of the Government do not expressly state upon their face, or the law under which they were issued does not provide that they shall be paid in coin, they ought, in right and in justice, to be paid in the lawful money of the United States. Fourth — Equal taxation of every species of property according to its real value, including Government bonds and other public securities. -Fifth — One currency for the Government and the people, the laborer and the office-holder, the pensioner and the soldier, the producer and the bondholder. Sixlh — Economy in the administration of the Government; the reduction of the standing army and navy; the abolition of the Freedmen's Bu reau and all political instrumentalities designed to secure negro supremacy ; simplification of the Bystem, and discontinuance of inquisitorial modes of assessing and collecting Internal Revenue, so that the burden of taxation may be equalized and lessened ; the credit of the Government and the currency made good ; the repeal of all enact ments for enrolling the State militia into national forces in time of peace ; and a tariff for revenue •Unanimously reported from this Committee on Resolutions: Alabama — Charles C. 'Langdon. Arkan sas—A. H. Garland. California — A. H. Rose. Connecti- cut— Tilton E. Doolittle. Delaware— James A. Bayard. ¦•Fioritfo-Wilkerson Call. Georgia— Henry S. Fitoh. Illinois— Wiliam J. Allen. Indiana— Joseph E. Mc Donald. Joiob— John H. O'Neil. Kansas— George W. Grlick, Kentucky— William Preston. Louisiana — James B. Eustis. Maine— Richard D. Rice. Maryland — Stevenson Archer. Massachusetts — Edward Avery. ¦Michigan— Charles E. Stuart. Minnesota— James J. Green. Mississippi — Ethclbert Barksdale. Missouri — Charles Mansur. Nebraska— Charles P. Porter. Ne vada— J. A. St. Clair. New Hampshire— J. M. Campbell. Nm Jersey— Jacob R. Wortendvke. New York — Henry C. Murphy. North Carolina— Robert Strange. Ohio— Willinm G. Gilmore. Oregon— R. D. Fitch. Pennsyl vania— Franklin W. Hughes. Rhode Island— Thomas Btsere. South Carolina— Wade Hampton. Tennessee— Jwmund Cooper. Texas— George W. Smith. Ver- mon«— Charles N. Davenport. Virginia— Thomas 8. Bocpck. West Virginia— John Davis. Wisconsin— James A. Mallory I upon foreign imports, and such equal taxation under the Internal Revenue laws as will afford incidental protection to domestic manufactures, and as will, without impairing the revenue, im pose the least burden upon and best promote and encourage the great industrial interests of the country. Seventh — Reform of abuses in the administra tion, the expulsion of corrupt men from office, the abrogation of useless offices, the restoration of rightful authority to, and the independence of, the executive and judicial departments of the Government, the subordination of the military to the civil power, to the end that the usurpations of Congress and the despotism of the sword may cease. Eighth — Equal rights and protection for nat uralized and native-born citizens at home and abroad, the assertion of American nationality which shall command the 'respect of foreign powers, and furnish an example and encourage ment to people struggling for national integrity, constitutional liberty, and individual rights and the maintenance of the rights of naturalized citizens against the absolute doctrine of immuta ble allegiance, and the claims of foreign powers to punish them for alleged crime committed beyond their jurisdiction. In demanding these measures and refprms, we arraign the Radical party for its disregard of right, and the unparalleled oppression and ty ranny which have marked its career. After tbe most solemn and unanimous pledge of both Houses of Congress to prosecute the war exclusively for the maintenance of the Govern ment and the preservation of the Union under the Constitution, it has repeatedly violated that most sacred pledge under which alone was rallied that noble volunteer army which carried our flag to victory. Instead of restoring the Union it has, so far as in its power, dissolved it, and subjected ten States, in time of profound peace, to military despotism and negro supremacy. It has nullified there tbe right of trial by jury ; it has abolished the habeas corpus, that most sacred writ of liberty ; it has overthrown the freedom of speech and the press ; it has substituted arbi trary seizures and arrests, and military trials and secret star-chamber inquisitions for the con stitutional tribunals ; it has disregarded in time of peace the right of the people to be free from searches and seizures ; it has entered the post and telegraph offices, and even the private rooms of individuals, and seized their private papers and letters without any specific chargo or notice ot affidavit, as required by the organic law ; it has converted the American Capitol into a bas- tile ; it has established a system of spies and official espionage to which no constitutional monarchy of Europe would now dare to resort ; it has abolished the right of appeal on impor tant constitutional questions to the supreme judicial tribunals, and threatens to curtail or destroy its original jurisdiction, which is irrevo cably vested by the Constitution, while tho learned Chief Justice has been subjected to the most atrocious calumnies, merely because he would not prostitute his high office to the sup port of the false and partisan, charges preferred against the President. Its corruption and ex- 368 POLITICAL MANUAL. travagance have exceeded anything known in history, and, by, its, frauds and monopolies, it has nearly doubled the burden of the debt created by the war. It has stripped the Presi dent of his constitutional power of appoint ment, even of his own cabinet. Under its re peated assaults the pillars of the Government are rocking o,n their base, and should it Succeed in November next and inaugurate its President, we will meet as a subjected and conquered peo ple, amid the ruins of liberty and tfee scattered fragments of the Constitution. And we do declare and resolve that ever since the people of the United States threw off all subjection to the British Cf own fhe privilege and trust of suffrage have belonged to the several States, and have been granted, regulated, .and. fcontrolled exclusively by the political power of each State respectively, and that any attempt by Congress, on any pretext whatever, to deprive any State of this right, of interfere with its ex ercise, is a flagrant usurpation of power which can find no warrant in the Constitution, and, if sanctioned by the people, will subvert our fofm of government, and can only end in a single centralized and consolidated government, in which the separate existence of the States will be entirely absorbed, and alri unqualified despo tism be established in place of a Federal union of co-equal States And that we regard the reconstruction acts (so called) of Congress, as such, as usurpations S/nd unconstitutional, revolutionary, and void. That our soldiers and sailors, who carried th^ flag of our country fo victory against a most gallant and determined foe, must ever be grate fully remembered, and all the guarantees given in their favor must be faithfully carried into' execution. That the public lands should be distributed as widely as possible among the people, and should be disposed of either under the rjre-empfion of homestead lands, or sold in reasonable quanti ties, and to none but aictpal occupants, at the minimum price established by the Government. When grants of the public lands may be allowed; necessary for the encouragement, of important public improvements, the proceeds of the sale of such lands, and not the lands' themselves, should be so applied. That the President of, the United StateB, Andrew Johnson, in exercising the power of his high office in resisting the' aggressions of Con gress upon the constitutional rights of the States aud the people, is entitled to 'the' gratitude of the whole American people, and in behalf of the Democratic party we tender him pur thanks for his patriotic' efforts in that regard. Upon this platform the Democratic party ap peal to every patriot, including all the Con servative element and' all who desire to support the Constitution arid restore the Union, forget ting all past differences of opinion, to unite #i-th us in the present great struggle tor the liberties of the people; and that to all puch, to what ever paTty they may have heretofore belonged,- we extend tbe right hand of fellowship, and! hail all such oo-operating with us as friends and brethren. Resolved, That this' convention sympathize cordially with the workifigmen of the United States in their efforts to protect the rights.and interests of the laboring classes of the country. [Offered by Mr- Vallandigham, and adopted the last day of the convention.] Resolved, That the thanks of the convention are tendered to Chief Justice Salmon P.Chase, for the justice, dignity, and impartiality with which he presided over the court of impeach ment on tbe trial of President Andrew Johnson. [This last was offered by Mr. Kernan, of New York, after the nominations and immediately before the final adjournment, and was caWied by acclamation.]Soldiers and Sailors, at New York, July. Whereas a mutual interchange of views be tween members of this Convention and delegates to the Democratic National Convention, has fully confirmed us in our previously entertained opinion of the purity and patriotism of that body, and fully justifies the belief that in the selection of candidates and in the construction of a platform the Convention will be governed by the spirit of the address adopted by tins body on the 6th inst. ; therefore, relying Upon this' belief, . Resolved, That we will support its nominees for President and Vice President of the United States, and that on our return home we will induce our late comrades in arms to unite with us in yielding to them a united support.' [Reported from the Committee on Resolutions and adopted — yeas 287, nays 7.] Resolved, That the declaration of principles adopted by the Democratic National Convention be and the same ia hereby ratified and approved, and that the secretary communicate to that Convention a copy of this resolution forthwith. Resolved, Tbat the President of the Conven tion appoint a committee of five to wait upon General George' B. McCMlan, and assure him that although we are called upon by duty to support fhe nominee for the Presidency of the National Democratic party now in Convention, our confidence in him is unimpaired, and that our love for him is as ardent as ever, and that the highest honor' that tbis Convention coukl confer Upon him would but poorly express1 oni esteem for him. Also, that the' said committee be requested to ask him to come and assist!: us with all hi* ability during the coming campaign. Resolved, That the thanks of this Convention, and of all patriotic and right minded citizens, are due to the President of the United StatesAi the removal of E. M. Stanton from the War D6- p,artment of the Government, a position which the said Stanton has disgraced and dishonored ever since his appointment to that office, by its n^any acts of cruelty — both to the Union and Confederate soldiers — and by his official acts'.df tyranny; and that the soldiers and sailorsshOnlu. on all occasions, meet him with thesame feelings of outraged dignity and patriotism that he was received with, on an ever-memorable occasion, in the city of Washington, from that grea'tvand glorious soldier -— General William Teoumseh Sherman. [The last three resolutions were offered, ia-the Convention,, and adopted unanimously, under- i POLITICAL PLATFORMS. 369 suspension ot the rule -requiring the reference of all .resolutions to the committee on resolutions.] , Pending the resolutions reported from the tOommittee above. General Thomas Ewing, jr., of Kansas, offered this resolution : , Resohed, That the faith of the republic to its creditors, as pledged in its laws, is inviolable, and the public burdens should be lightened -by vigilant economy in expenditures, and nev-er by repudiation ; tbat all the bonds of the United States issued after the passage of the legal ten der ;act, and not by law .expressly payable in icoin, should be paid when redeemable in legal- tender notes, but without undue inflation of tbe currency, or at the option of the holders, con verted into bonds bearing a low rate of interest ; that the national bank currency .should be re ared and its place supplied by legal- tenders, so as to save to the Government interest upon the amount of that circulation, and that the policy of -permitting banks to supply nearly half of the national currency — allowing the five-twenty i bonds, bearing, as they do, interest at the rate of nearly nine per cent, per annum, to run be yond the date when they become redeemable, and of contracting the currency until it shall rise to the value of gold, is a policy which favors the few against the many, is oppressive to the laboring and the debtor classes, and tends to Dring upon the country the dishonor of repu diation. [He moved for the suspension of the rule re quiring reference to the committee, which was lost— yeas 78, nays 197 ; and the resolution was , accordingly referred, and not again considered.] General Blair's Letter. Omaha, Nebbaska, July 13, 1868. General Geobge W. Morgan, Chairman Com mittee National Democratic Convention. General: I take the earliest opportunity of replying to your letter, notifying me of my nomination for Vice President of the United States by the National Democratic Convention, recently held in the city of New York. I accept without hesitation the nomination tendered in a manner so gratifying, and give vou and the committee my thanks for the very Jcind and complimentary language in which you have conveyed to me the decision of the con vention.' I have carefully read the resolutions adopted ,by the convention, and most cordially concur in every principle and sentiment they announce. My opinion upon all of the questions which discriminate the great contending parties have been freely expressed on all suitable occasions, and I do not deem it necessary at this time to reiterate them. The issues upon which the contest turns are clear, and cannot be obscured or distorted by the sophistries of our adversaries. They all resolve themselves into the old and ever-renewing struggle of a few men to absorb the political power of the nation. This effort, under every conceivable name and disguise, has always char acterized the opponents of the Democratic party, bnt at no time has the attempt assumed a shape Bo open and daring as in this contest. The ad versaries of free and constitutional government, 24 in defiance of tbe express language of the Con stitution, have erected ;a. military despotism in ten of the. States of the Union, have taken from the President the powers vested in him by tbe supreme law, and have deprived the Supreme Court of its jurisdiction. The right of trial by jury, and the .great writ of right, the habeat corpws-^-shields of. safety for every citizen, ani which have descended to, us from the earliest traditions of our ancestors, and which our revo lutionary fathers sought to secure to their pos terity forever in the fundamental charter of our liberties — have been ruthlessly trampled under foot by the fragment of a Congress. Whole States and communities , of people of our own race1 have been attainted, convicted, condemned, and deprived of their rights as citizens, without presentment, or trial, or witnesses, but by con gressional enactment of ex post facto laws, and in defiance of the constitutional prohibition de nying, even to a full and legal Congress the au thority to pass any bill of attainder or ex post facto law. The same usurping authority has substituted as electors in place of the men of our own race, thus illegally attainted and dis franchised, a host of ignorant negroes, who are supported in idleness with the public money, and combined together to strip the white race of their birthright, through the management of freedmen's bureaus and the emissaries of con spirators in other States; and, to complete the oppression, the military power of the nation has been placed at their disposal, in order to make this barbarism supreme. The military leader under whose prestige this usurping Congress has taken refuge since the condemnation of their schemes by the free peo ple of the North in the elections of the last year, and whom they have selected as their can didate to shield themselves from the result of their own wickedness and crime, has announced his acceptance of the nomination, and his will ingness to maintain their usurpations o'ver eight millions of white people at the South, fixed to the earth with his bayonets. He exclaims: " Let us have peace " " Peace reigns in War saw" was the announcement which heralded the doom of the liberties of a nation. " The empire is peace," exclaimed Bonaparte, when freedom and its defenders expired under the sharp edge of his sword. The neace to which Grant invites us is the peace of despotism and death- Those who seek to restore the Constitution by executing the will of the people condemning the reconstruction acts, already pronounced in the elections of last year, and which will, I am convinced, be still more emphatically expressed by the election of the Democratic candidate as the President of the United States, are de nounced as revolutionists by the partisans ol this vindictive Congress. Negro suffrage, which the popular vote of New York, New Jersey, Pennsylvania, Ohio, Michigan, Connecticut, and other States bave condemned a's expressly against the letter of the Constitution, must stand, because their Senators and Representa tives have willed it. If the people shall again condemn these atrocious measures by the- elec tion of the Democratic candidate for "resident, 370 POLITICAL MANUAL. tbey must not be disturbed, although decided to be unconstitutional by the Supreme Court, and although tbe President is sworn to maintain and support the Constitution. The will of a frac tion of a Congress, reinforced with its partisan emissaries sent to the South and supported there by the soldiery, must stand against the will of the people and the decision of the Supreme Court, and the solemn oath of the President to maintain and support the Constitution. It is revolutionary to execute the will of the people I It is revolutionary to execute the judgment of the Supreme Court 1 It is revolu tionary in the President to keep inviolate his oath to sustain the Constitution I This false construction of the vital principle of our Gov ernment is the last resort of those who would have their arbitrary reconstruction sway and supersede our time-honored institutions. The nation will say the Constitution must be re stored, and tbe will of tbe people again prevail. The appeal to the peaceful ballot to attaia this end is not war, is not revolution. They make war and revolution who attempt to arrest this quiet mode of putting aside military despotism and the usurpations of a fragment of a Con gress, asserting absolute power over that benign system of regulated liberty left us by our fathers. This must be allowed to take its course. This is the only road to peace. It will come with the election of the Democratic candidate, and not with the election of that mailed warrior, whose bayonets are now at the throats of eight millions of people in the South, to compel them to support him as a candidate for the Presi. dency, and to submit to the domination of an alien race of semi-barbarous men. No perver sion of truth or audacity of misrepresentation can exceed that which hails this candidate in arms as an angel of peace. I am, very respectfully, your most obedient servant, Feahk P. Blaib. POLITICAL PLATFORMS. 371 The nomination of Ex-Governor Seymour was made, July 9, on tbe 22d ballot, as follows : Candidates. 1. 2. 3. 4. 6. 6. 7. 8. 9. 10. 11. Horatio Seymour _.. 105 65 22^ 3326131613 1 104 52332615K12(1 8 J, iSu 34««&332613 7^ 1211 9 32 S^33 2613 8 UM 21 122 2446332713 7 16 ft "i 122M 47332713 6 1230 6 137U 12k 42g 3326 76 12 156^ 6 2826 76 12 75 144 4126^ 76 12 j 147^ 3427^ 7 £2 J J1g 33^ 26 7 12K % J. Q. Adams George B. McClellan Salmon P. Chase Franklin Fierce Stephen J. Field ... Thomas H. Seymour ..j. Candidates. 12. 13. 14. 16. 16. 17. 18. 19. 20. 2L 22. Horatio Seymour. 145W 30 26 7 12H89 "i 1341* 4l| 26 7 1381 130 6626 7 13 129M 5J| 79>| "7 12 82^ 10'M 6}| 113}| 7 12 6 137K "7 1280 '"k "s 66H10 144^ 12 87 '"k"3 136^ 22 "e 12 107M 13>| "\i ii 4 l£j* 1612 121 13"9 2 136^ 19 12 132 "8 317 Winfield S. Hancock James B. English. Reverdy Johnson Thomas A. Hendricks F. P. Blair, Jr. Thomas Ewing. J. Q. Adams „ Franklin Pierce John T.'Hofiman. Stephen J. field _ Thomas H. Seymour........... _. Necessary to a choic«.. General Blair was nominated unanimously on the first ballot. ..21a Chap. XXXVI.- Election Returns from 1860. Presidential Election of 1860. Presidential Election op 1864, Including army vote. State Elections. Electoral College. STATES. 1866. 1867. 1868. 1864. At the Lincoln. Bell. Douglas. Breckin ridge. Lincoln. McClellan. Hep. Dem. Eep. Dem. Eep. Dem. Linc'n. McCl'n. present time. 62,81137,519 106,533 12,244 43,79233,808 362,646 68,324 268,030 3,815 2,2941,929 2,046 441 22,331 26,693 25,881 34,372 * 7,707 ¦ ¦15,522 6,849 •312,510 : *62i801 10,785 lj023 . 5*966 16i290 2;701 vote. Ili590 • '25,65111,350 - 187,232 , 7,6253j283 - 115j5.Q9 . 160,215 : 13,651 •68^801 ' 5j22fr :65,05t 367 " "i55"ili"' $5,02l 38,516 11,920 - 3,951 1860. . Virginia ; 1860. ! 6,3682,112 5,939 14,641 218 72,27836,595 126,742 14,343 44,69342,422 368;726 60,7.23- 296,389 8,155 40,153 47,736 33,03448,745 8,71$ 42,28813,325 361,086 68,014 276,308 8,767 32,739 69,626 35,137 91,980 8,197 43,974 34,117 366,315 65,543 307,274 8,598. 27,351 41,93930,48126,671 2,816 -43,433 11,292 352,526 63,947 290,096 9,810 40,264 57,64935,80998,306 7,372 45,94832,66370,360 3,178 7 5 12 4 6 5 33 7 39,724 37,098 5 12 10,044 48,777 5,709 50,541 4 3,2911,969 ; 31,694 11.510 5 325,099 51,114 266,824 No State 21,890 373,029 67,468 267,746 33 7 7 12,776 3,864 i 41,760 74,681 ' 44,990 . popular 42,886 • 66,058 1 69,274 . . 12,194 ; 20,204 : 25,040 ; 5,306 ¦' 4,913 ; 27,876 ¦ 68,372 = 20,094 ; 405 ! 6,437 „' •15,488 ¦ 1,763 • 161 ' 6,817 ; 62 ' 183 since in since ; •178,871 7,33.7 42,482 74,323 48,539 26 26 3 3 63,602 7 7 10,749 34,345 9 No 6 51,889 ' ,53,143 64,709 11,40522.681 40,797 12,295 ¦2,404 48,83-131,31728,732 805 .8,548 47,648 1,048 888 34,334 748 6,006 in I860. 1,364 .27,786 64,301 68,035 95,979 1 33,93974,484 243,605 90,22522,548 240,622 11 11 10 231,610 265,154 205,508 266,302 213,006 21 21 unio.._. 7 139,033172,161 150,422189,487 130,233168,349 109.001 203(046 155,399 147,058 No.State election. « 1316 16 17,028 72,991 31,026 62,187 6,476 96,746 40,968 : 27,931 : 67,708 ; No State election. 11 11 5 88,480 .85,352 67,370 8 1 12,051 ! 91,22,779,323 No.'gen'l 25,988 . 10,28319,37023,802 5,128 48,631 ¦ 55,815 55,416 election. 15,775 9,9568,151 17,158 4,0363,948 70,40986,110 39,173 22,069 5,270 Admitted Included Admitted a 87,33179,564 62,134 25,060 9,888 14,228 23,223 9,826 49,260 63,87548,84117,375 8,457 3,871 10,467 6,694 90,789 73,637 J 40,35934,870 58,880 68,873 49,905 29,543 8 8 5-4335 . Ha 8 §72,279 ,65,142 8 5 4 ]| 10,300 11,500 3 No, State election. 3 West Virginia. 5 1,866,452 590,631 ; 1,375,157 847;953 " : .2,213,666 1,802,237 l - 212 21 294 1 go -J * Fusion ticket. + Third party, 13,107. % Third party, 2*088 Not yet restored : Virginia 10, Mississippi 7, Texas 0-^23. ""Tmitl of co)1r&tp- 317. Majority of full college 159. Majority of actual cofiege"148. g Judicial. || Estimated., 1T One elector haying die d* but two votes were polled from Nevada. Statement showing the amount and rate of taxation ( U. S. and Stale) of the National Sanies, f ¦>r the year ending December 31, 1867. £J States and TEBRHORiEfl. Capital. Amount of taxes paid United States. Bate per cent. U. S. taxation. Paid to and assessed by State authorities. Rate per cent. State taxati'n. Taxes paid to U. S. and State authorities. Rate of tax (U. S. & State) on capital $9,085,000. OO 4,735,000 00 6,510,012 60 79,932,000 00 20,364,800 00 24,584,220 00 116,494,941 00 11,333,350 00 50,277,990 00 1,428,185 00 12,590,202 60 1,350,000 00 2,500,000 00 2,216,400 00 583,300 00 1,700,000 00 600,000 00 1,300,000 00 676,450 00 200,000 00 2,885,000 00 2,100,000 00 22,404,700 00 12,867,000 00 11,620,000 00 5,070,010 00 2,935,000 00 1,660,000 00 3,992,000 00 7,559,300 00 400,000 00 250,000 00 100,000 00 700,000 00 $180,119 00 88,772 90 122.213 67 1,616,824 50 324,844 25 434,440 35 3,022,662 16 263,359 31 1,242,037 40 32,620 68 260,261 26 15,329 45 48,344 81 46,966 34 9,048 71 40,844 75 8,762. 52 35,894 28 6,865 36 6,745 38 59,816 01 52,459 82 514,681 46 278,797 60 321,406 24 111,789 56 76,583 25 39,132 43 106,349 34 133,141 77 10,229 23 10,734 67 1,623 86 12,905 10 2.1.91.92.021.51.7-2.612.2 2.47 2.28 2.061.331.93 2;1 1.55 2.6 1.75 2.76 1.192.87 2.1 2.72.292.162.762.22.612.2.66 1.4 2.5 4.29 2.41.33 $141,225 64 93,178 8i 144,163 50 1,562,128 10 19o,355 32 • 387,146 26 4,058,706 11 223,106 28 278,268 04 1,200 61 166,054 11 3,285 94 13,925 66 61,457 38 5,144 31 6,050 46 3,829 49 20,041 58 2,149. 34 1,350 99 17,466 77 27,974 80 520;95t 20 200,372 29 231.917 40 68,061 41 62,011 51 29,522 20 88,281 27 189,247 69 7,801 08 7,014 '39 1.51.9.2.22.1. 1.6 3.48 2.0.55 0.08 1.310.280.56 2.3 0.880.40.95. 1.54 0.37 0.680.6 1.42,321.552.1.34 2.11.32.212.2.2.8 0.078 $321,344 64 181,951 75 266,377 07 3^178,952.60 520,199 57 821,586 61 7,081,368 27 476,465 6» 1,620,3H5 44. 33,881 29 426,315 36 18,615 39 62,270 47 88,423 72 1V93 02 46,895 21 12,592 01 55,935 86 9,014 70 7,096 37 77,282 78 80,434 62 1,035,632 66 479,169 89 553,323 24 179,850 97 138,594 76 68,654 63 194,630 61 322,389 46 18,030 31 17,749 06 1,623 86 17,582 46 3.5 '3.8 4.14.02 2.6 3.2 6.09 4.2 3.02 2.36 3.37 1.61 2.48 4.4 2.43 2.9 2.7 4.3 1.56 8.55 2:7 4.1 Ohio 4.61 3.71 4.76 3.54 4.71 3.3 4.87 3.4 4.5 7.09 2.4 4,677 36 2.12 $423,304,861 00 $9,525,607 26 2.25 $8,812,823 92 2.08 $18,338,431 18 4.33 Receipts of Internal Revenue for the fiscal years ending June 30, 1867, and June 30, 1868 Manufactures & Productions. Gross rec'ts Sales. Spec'l Taxes. Income. Legacies and Successions. Articles in Schedule A. Bk.Cir.&Dep. Pass ports, &c. Penalties, Ac. Total. 1867 * $145,794,732 55 83,446,018 72 16,641,000 00 $7,397,120 75 4,787,422 51 1,241,100 00 $4,103,513 20 3,609,947 88 912,400 00 $18,103,015 69 8,527,745 96 9,536,320 00 $04,895,314 01 24,420,435 18 20,074,800 00 $1,801,429 16 2,031,296 55 676,200 00 $2,116,495 22 620,475 41 332,100 00 $2,028,193 29 1,474,539 22 491,400 00 $263,11504 6,158 10 1,900 00 $854,650 73 842,291 89 280,400 00 $247,418,179 64 ,„„„ f To March 31, 1868 129,682,231 45 1808 1 Estimated for last quarter 60,190,620 00 >i>MOs*oSi >¦H O !Z| >-f td> w * Of this, $29,161,339 78 were from distilled spirits, and $23,769,076 80 from cotton. The tax derived from distilled spirits during the last fiscal year was about $14,000,000. The act exempting cotton from internal tax was approved February 3, 1868, and the act to exempt certain manufactures from internal, taxes was approved March 31, 1868. 1 he total expense ^ of collecting Internal Revenue, including stamps and all contingencies, for the year ending June 30, 1806, was $7,6S9,700 46 ; for 1867, $7,712,089 02. The expenses of the next fiscal _j year (ending June 30, 1869) are estimated' at Ss.2o0.ooo. - OO Registration, Disfranchisement, and Election Returns in the Rebel States, under the Reconstruction Acta, Registration Returns. Number Disfranchised. Votes on calling Constitutional Conventions. Votes on Ratification of Constitutions recommended by Conventions. States. Whites. Colored. Total. Whites. Color'd. For. Against. TotalVote. Adop tion. Rejec tion. Total ' Vote. Date of Whites. Colored. Total. Whites. Color'd. Total. Election. 61,295 104,518 165,813 66,83128,003 191,501129,654139,690179,653127,432109,130 226,933 18,553 71,730 90,28327,57614,300 102,283 * 75,083 69.739 93,006 68,768 44,689 107,342 5,583 ' 5,583 13,558 203 4,127 H.006 6,277 32,961 2,278 11,440 61,887 96,866 41,134 14,503 106,410 79,17476,016 125*967 71,04656,129 169,229 70,812 27,913 14,620 89,00766,152 1,005 26,597 9,491 71,30948,739 71,817 64,51024,011 160,316 114,891 Feb'y 4,1868. Mar. 15,1868. May 4, 1868. April 20, 1868. April 17, 1868. June 22, 1868. April 21. 1868 April 14, 1868 11,91496,33345,218 16,08996,16884,436 350 10,500 J 200 1,220 32,000 13,08070,283 203 4,000 127 106,721 46,882 69,633 120,101 72,93280,550 49,497 105,832 11,688 8,244 493 625 31,284 2,3507,757 14,835 61,72266,418 36,932 92,507 32,961 2,278 10,62261,249 93,08470,758 1 74,01527,288 167,099 98,046 818 638 |16,343 . CO * No distinction between white and colored. t "Failed to register from any cause."— Report of Maj. Gen. J. M. Schofield, December 13, 1867. J Chiefly for felony. j! 85 blanks. T No election held. Note— The revised registration made before voting on the constitution was, in North Carolina 196,873, in Arkansas 73,784, in Florida 31,498. O t-i Statement of the Public Debt on the 1st of July, 1857, and subsequent years. On 1st of July, 1867 $29,060,386 90 1858 44,910,777 66 1859 68,754,699 33 1860 64,769,703 08 1861 90,867,828 68 1862 614,211,371 92 1863 1,098,793,181 37 1864 ..1,740,690,489 49 1865 2,682,593,026 53 1866............ 2,783,425,789 21 1867 2,692,199,216 12 1868, (1st June) 2,510,246,886 74 Statement of the Public Debt of the United States, on the 1st of June, 1868. Debt bearing coin interest — 5 per cent, bonds $220,812,400 00 6 per cent, bonds of 1867 and 1868 8,582,641 80 6 per cent, bonds, 1881 283,677,200 00 6 per cent.5-20 bonds 1,494,755,600 00 Navy pension fund- 13,000,000 00 Debt bearing currency interest — 6 per cent. bonds $26,902,000 00 3-year compound interest notes 21,604,890 00 3-year 7.30 notes 105,610,650 00 3 per cent, certificates 50,000,000 00 Matured debt not presented for payment Debt bearing no interest-United States notes $356,144,212 00 Fractional currency. 32,531,589 94 Gold certificates of deposit... • 20,298,180 00 Total debt. Amount in Treasury— Coin - $90,228,559 31 " " Currency. : .*. 43,279,120 33 $2,020,827,841 80 203,117,640 00 10,834,202 64 408,973,981 91 8,643,753,666 38 133,507,679 64 Amount of debt, less cash in Treasury $2,510,245,886 74 Statement of the annual revenue collected by the Government from each source since 1860. Years. *From customs: du ties, imposts, and tonnage. From internal rev enue. From direct taxes. From public lands. From miscellaneous sources. Total, exclusive of loans and treasu ry notes. From - loann and treasury notes. Total receipts. I860 $53,187,611 87 39.582.126 64 49,050,397 62 69,059,642 40 102,310,152 99 84,928,260 60 179,046,651 68 176,417,810 88 81,065,212 69 $1,778,657 71 870.658 64 152;20» 77 167,617 17 683,333 29 996,553 31 665,031 03 1,163,675 76 666,619 69 $1,088,530 25 1.023.515 31 93i;787 64 4,344,139 82 51,505,602 20 37,125,002 89 67,119,369 91 42,824,852 50 25,277,787 51 $66,054,599 83 41.476,299 49 51,935,720 76 112,687,290 95 204,026,771 60 333,714,005 08 658,032,620 06 490,634,010 27 207,221,437 88 $20,786,808 00 41,895,340 65 629,692,460 60 776,082,361 67 1,121,131,842 98 1,472,224,740 85 712,851,553 05 640,426,910 29 332,557,102 00 $76,841,407 83 1801 83,371,640 13 1862 $1,795,331 73 1,485,103 61 475,648 96 1,200,573 03 1,974,754 12 4,200,233 70 1,029,685 66 681,628,181 26 18631864186518661687 1868 ToJan.l $37,640,787 95 109,741,134 10 209,464,215 25 309,226,813 42 266,027,637 43 99,182,232 33 889,379,652 62 1,385,758,614 58 1,805,939,345 93 1,270,884,173 11 1,131,060,920 16 639,778,639 88 fe) X fe) o a 9fe) Statement of the annual expenditures of the Government from 1860. Years. Civil list. Foreign in tercourse. Navy Depart ment. War Depart ment. Pensions. Indians. Miscellane ous. Total of ordi nary expen ditures. Interest on public debt. Principal of public debt. Total debts and loans. Total expend itures. 1860186118621863 18641865 186618671868 To Jan. 1 $6,077,008 95 6,074,141 83 5,939,009 29 6,350,618 78 8,059,177 23 10,833,944 87 12,287,828 56 15,586,489 66 t27,191,363 64 $1,146,143 79 1,147,786 91 1,339,710 35 1,231,413 06 1,290,691 92 1,260,818 08 1,338,388 18 1,548,589 26 $11,514,649 83 12,387,156 62 42,674,569 69 63,211,105 27 85,733,292 77 122,567,776 12 43,324,118 52 31,034,011 04 13,151,168 92 $16,472,202 72 23,001,530 67 394,368,407 36 699,298,600 83 690,791,842 97 1,031,323,360 79 284,449,701 82 95,224,415 63 61,910,551 13 $1,100,802 32 1,034,699 73 879,583 23 3,140,194 44 4,979,633 17 9,291,610 48 15,605,352 35 20,936,551 71 (13,875,648 60 2,991,121 54 2,865,481 17 2,223,402 27 1,076,326 35 2,538,297 80 4,966,964 90 3,247,064 56 4,642,531 77 $20,708,183 43 16,026,574 79 14,129,771 62 15,671,890 24 18,155,730 31 32,670,795 17 27,430,744 81 33,975,948 46 $60,010,112 68 62,537,171 62 461,554,453 71 689,980,148 97 811,548,666 17 1,212,-911,270 41 387,683,198 79 202,947,637 42 116,128,712 19 $3,144,620 94 $13,900,392 13 4,034,157 30 18,815.984 16 13,190,324 45 96,096,922 09 24,729,846 61 181,086,635 07 53,685,421 65 430,197,114 03 77,397,712 00 607,361,241 68 133,067,741 69 620,321,725 61 143,781,591 91 746,360,525 94 71,145,554 03 388,470,185 66 $17,045,013 07 22,850,141 46 109,287,246 64 205,816,481 68 483,882,635 72 684,758,953 68 753,389,467 30 890,132,117 85 459,615,739 69 $77,055,125 65 85,387,313 08 670,841,700 25 895,796,630 65 1,298,144,656 00 1,897,674,224 09 1,141,072,666 09 1,093,079,665 27 575,744,461 88 Note.— The revenues and expenditures ofthe fiscal year ending June 30, 1868, are not yet officially ascertained, but the following is an accurate statement of them: Revenue. Customs, (gold) $163,600,000 Internal rovonue, (currency) 193,000,000 Public lands and directtax 2,800,000 Miscellaneous 47,000,000 $406,300,000 .88- Of the War Department payments, $38,000,000 were for bounties, * Oold. + Includes foreign and miscellaneous. t Includes Indians. Expenditures. Civil list, (including foreign) $53,009,846 96 Navy Department 25,775,502 72 War Department 123,246,648 62 Interior Department 27,882,576 07 Total of ordinary expenses .229,914,674 36 Interest on public debt 141,635,551 Oo 371,650,225 36 09en 376 POLITICAL MANUAL. Statement of the expenditures of the> United States during 'the fiscal years ending* appropriations for the fiscal year ending Jum { Civil expenses Foreign intercourse.. Interior Department — Indian department Pensions, military. " naval. Relief of sundry individuals - War Department — *Pay department. Commissary department Quartermaster's: department Ordnance " Engineer'-s " Provost Marshal General Adjutant General Secretary's office;. (armyexpenditurea).. Relief of sundry individuals Deduot excess of repayment from Surgeon GeneraUs depti., Navy Department — Secretary's bureau Marine Corps Bureau of Yards and Docks " Equipment and Recruiting... " Navigation " Ordnance " Construction and Repair " Steam- Engineering. M Provisions and Clothing.; '* Medicine and Surgery Relief of sundry individuals. Year ending June 30, 1866. $3,242,688 04 12,905,847 93 2,699,604 42 4,376 62 $205,934,240 70 7,430,606 67 49,856,986 39 9,932,402 63 2,651,903 37 6,779,114 77 243,539 74 3,594,375 28 30,009 80 286,453,179 35 2,003,477 63 $10,831,260 08 1,492,617 83 4,777,868 83 5,103,661 99 351,061 92 3,494,216 32 8,675,216 81 6,154,888 23 2,244,775 99 95,708 73 102,841 79 Interest on the public debt, including Treasury motes.. Principal of public debt Miscellaneous.'. , Total for year.. $12,287,828 65 1,338,388 18 18,852,416 91 284,449(701 82 43,324,118 62 133,067,741 69 620,321,725 61 27,430,744 81 1,141,072,666 09 Year ending $4,586,393 40 19,016,263 21 1,920,288 50 56,136 37. 130,700,776 06, 10,331,174 87 36,438,367 31 4,690,677 00 3,233,414 08 105,658 39 1,495,788 63 8,514,008 23 756,466 41 95,266,330 88 41,915 25 10,645. 1,440,3,828.3,577! 551 1,921,4,545, 2,940.1,440; 88. 152, ,843 51 993 68 198 13 ,311.08,981 35 ,788 99 ,509 72 ,665 19 ,642 70 ,099 72 ,976 97 * Bounties (report Secretary of War, 1866; p. 391,) $7,662,736 f Of this there were paid for bounties and arrears by " Division of Referred Claims," as shown on p. 6,. Report of Paymaster General, 1887.-^2,706j000 00 t In eludes foreign and miscellaneous. General and staff officers .$1,329,805 » Signal-corps 2,580 00 Engineers 358,327 50 Ordnance 502,113 60 Cavalry 3,084,738 00 Artillery 2,233,622 60 Infantry 12,970,063 60 Soouls and bands................ 300,640 00 EXPENDITURES AND APPROPRIATIONS. 377 June 30, 1858, June 30, 1866, 1867, and till January 1, 1868, together with the 30, 1869,anc? the estimates for the same year. June 30, 1867. 1868, to Jan. 1. Appropriated for year end ing June 30, 1869. ^Estimates for year ending June 30, 1869. ^Expenditures for year ending June 30, 1858. $15,685,489 55 -1,648,689 26 ($27,191,353 54 {18,357,549 69 §§8,411,634 00 123,891,292 03 1,423,454 00 $7,052,190 75 1,301,407 91 $3,989jl63 48 30,000,000 00 350,000 00 $3,240,152 86 30,000,000 00 330,000 00 $4,812,815 09 1,075,837 14 143,246 17 20,224 98 - 26,679,083 48 13,876,648 60 34,339,163 45 33,570,152 86 6,051,923 38 17,792,120 00 14,299,000 00 381,680 00 1,800,000 00 ||22,600,775 00 28,280,066 20 1,533,084 00 10,528,769 88 *17,455,976 85 1,443,235 74 6,640,276 26 tt411,844 20 ((164,301 31 469,748 24 100,000 00 376,805 00 300,000 00 193,305 00 95,224,415 63 l 61,910,661 13 34,749,606 00 63,430,000 08 26,485,333 60 8,000,000 00 482,000 00 1,493,600 00 1,268,000 00 413,250 00 279,500 00 3,039,000 00 674,000 00 1,626,000 00 90,000 00 10,760,660 00 1,614,978 05 11,512,412 25 3,636,000 00 650,099 40 2,370,135 75 8,757,120- 00 4,448,800 00 3,451,603 50 204,675 00 6,666,315 34 687,242 25 1,982,923 62 ||||3,394,640 29 43,731 22 202,849 14 841,323 37 885,322 20 71,340 70 301,300 46 * 13.976,000 5" 31,034,011 04 143,781,591 91 746,350,525 94 33,075,948 46 18,151,158 92 71,145,654 03 388,470,185 66 17,365,350 00 103,961,958 50 47,317,183 95 103,961,958 50 25,716,120 00 12,646,654 00 1,567,055 67 8,417,483 32 10,289,600 76 17,937,217 64 '1,093,079,655 27 675,744,451 88 227,474,267 40 311,861,816 42 81,585,607 76 \ Besides these specific estimates, the Secretary of Uie Treasury stated that there may be required— For bounties, under act of July, 1866 $25,500,000 00 l'ormiscellaneous 9,969,000 00 Total $35,469,000 00 IT In gold. ** Includes heads of Pay, Commissary, and Quarter master's departments. S Miscellaneous. West Point. 1 1| Includes heads of repair and ordnance. ii $7,200,000 00 of this are for the purchase of Alas .t a. ADDENDA. A Bill relating to the Freedmen's Bureau and Providing for its Discontinuance. Be it enacted, &c. That the duties and powers of eommissioner of the bureau for the relief of freedmen and refugees shall continue to be dis charged by the present commissioner of the bu reau, aud in case of a vacancy in said office occurring by reason of his death or resignation, the same shall be filled by appointment of the President, on the nomination of the Secretary of War, and with the advice and consent of the Senate ; and no officer of the army shall be de tailed for service as commissioner, or shall enter upon the duties of commissioner, unless appointed by and with the advice and consent of the Senate ; and all assistant commissioners, agents, clerks, and assistants shall be appointed by the Secretary of War, on the nomination of the com missioner of the bureau. In case of vacancy in the office of commissioner happening during the recess of the Senate, the duties of the commis sioner shall be discharged by the acting assistant adjutant general of -the bureau until such va cancy can be filled. Seo. 2. That the commissioner of the bureau shall, on the 1st day of January next, cause the said bureau to be withdrawn from the several States within which said bureau has acted, and its operations shall be discontinued. But the educational department of .the said bureau, and the collection and payment of moneys due to soldiers, sailors, and marines, or their heirs, shall be continued, as now provided by law, until otherwise ordered by act of Congress : Provided, however, That the provisions of this section shall not apply to any State which shall not, on the 1st of January next, be restored to its former political relations with the Govern ment of the United States, and be entitled to representation in Congress. Passed both Houses. Joint Resolution excluding from the Electoral College Totes of States lately in Rebellion which shall not have been Reorganized. Resolved, &c, That none of the States whose inhabitants were lately in rebellion shall be entitled to representation in the electoral col lege for the choice of President or Vice Presi dent of the United States,- nor shall any electoral votes be received or counted from any of such States, unless at the time prescribed by law for the choice of electors the people of such State, pursuant to the acts of Congress in that behalf, shall have, since the 4th day of March, 1867, adopted a constitution of State govern ment, under which a State government shall have been organized and shall be in operation ; nor unless such election of electors shall have been held under the authority of such constitution and government, and such State shall have also become entitled to representation in Co ogress fursuant to the acts of Congress in that behalf: 'rovided, That nothing herein contained shall be construed to apply to any State which was repre« sented in Congress on the 4th day of March, 1867, July 20— The Pkesident sent a veto, of which these are the most important paragraphs : " The mode and manner of receiving and count ing the electoral votes for President and Vice President of the United States are in plain and simple terms prescribed by the Constitution. That instrument imperatively requires that the President of the Senate " shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted." Congress has, therefore, no power, under the Constitution, to receive the electoral votes or reject them. The whole power is ex hausted when, in the presence ofthe two Houses, the votes are counted and the result declared In this respect the power and duty of the Pre sident of the Senate are, under the Constitution purely ministerial. When, therefore, the joint resolution declares that no electoral votes shall be received or counted from States that, since the 4th of March, 1867, have not "adopted' a constitution or State government under which a State government shall have been organized," a power is assumed which is nowhere delegated to Congress, unless upon the assumption that the State governments organized prior to the 4th of March, 1867, were illegal and void. _\ "The joint resolution, by implication at least, ' concedes that these States were States by virtne ' of their organization, prior to the 4th of March, 1867, but denies to them the right to vote in ths election of President and Vice President of tha United States. It follows either that this as sumption of power is wholly unauthorized by the Constitution, or that the States so excluded from voting were out of the Union by reason ol the rebellion, and have never been legitimately restored. Being fully satisfied that they were never out of the Union, and that their relations thereto have been legally and constitutionally restored, I am forced to the conclusion that the joint resolution which deprives them ofthe right to have their vote for President aud Vice Pre sident received and counted is in conflict with the Constitution, and that Congress has no more power to reject their votes than those oi the States which have been uniformly loyal to the Federal Union. " It is worthy of remark that if the States whose inhabitants were recently in rebellion were legally and constitutionally organized and restored to their rights prior to the 4th of March, 1867, as I am satisfied they were, the only legiti mate authority under which the election for President and Vice President can be held there in must be derived from the governments insti tuted before that period. 118 FOURTEENTH AMENDMENT. 379 " It clearly follows that all the State govern ments organized in those States under acts of Congress for that purpose, and under military control, are illegitimate and of no validity what ever; and, in that view, the votes cast in those States for President and Vice President, in pur suance of acts passed since the 4th of March, 1867, and in obedience to the so-called recon struction acts of Congress, cannot be legally re ceived and counted; while the only votes in thoBe States that can be legally cast and counted will be those cast in pursuance of the laws in force in the several States prior to the legislation by Congress upon the subject of reconstruction." Same day — The bill re-passed the Sekate — yeas 45, nays 8, as follow : r^Ysis— Messrs. Abbott, Anthony, Cameron, Cattell, '©Banaier, Cole, Conkling, Conness, Corbett, Cragin, Brake, Edmunds, Ferry, Fessenden, Frelinghuysen, cBftrian, Harris, Henderson, Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Ver mont, Morton, Nye, Osborn, Patterson of New Hamp shire; Pomeroy, Rice, Koss, Sherman, Sprague, Stew art, Sumner, Tipton, Trumbull, Van Winkle, Wade, Welch, Willey, Williams, Wilson, Yates— 45. ' 'Nais— Messrs. Buckalew, Davis, Doolittle, Hendricks, McOreery, Patterson of Tennessee, Vickers, Whyte—S. Same day — It passed the House — yeas 134, nays 36 ; and the Speaker proclaimed it to be a law. The nays were — ¦ Messrs. Adams, Archer, Axtell, Dames, Beck, Boyden, Boyer, Brooks, Cary, Eldridge, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, Johnson, rrapmas L. Jones, Kerr, Knott, Marshall, McCullough, 'mSlack, Nicholson, Phelps, Randall, Ross, Sitgreaves, ''SfiWe, Taber, Lawrence 3. Trimble, Van Auken, Wood, rMiQdmard— 36. Proclamation of President Johnson respecting the Ratification of the XlVth Amendment by Florida and North Carolina, July 11, 1868. Whereas by an act of Congress, entitled "An act to admit the States of North Carolina, South • Carolina, Louisiana, Georgia, Alabama, and : Florida to representation in Congress," passed on the 25th of June, 1868, it is declared that it lis made the duty of the President within ten .days after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Consti tution known as article XIV, to issue a procla mation announcing that fact ; And whereas the said act seems to be pro spective ; And whereas a paper, purporting to be a reso lution of the Legislature of Florida, adopting the amendment of the XHIth and XlVth arti cles of the Constitution of the United States, was received at the Department of State on the 16th of June, 1868, prior to the passage of the ,act of Congress referred to, which paper is at tested by the names of Horatio Jenkins, Jr., as president pro tern, of the Senate, and W. W. Moore as speaker of the Assembly, and of Wil liam L. Apthoop as secretary of the Senate, and William Forsyth Bynum as clerk of the Assem bly, and which paper was transmitted to the Secretary of State in a letter dated Executive Office, Tallahassee, Florida, June 10, 1868, from Harrison Reed, who therein signs himself Gov ernor j •.And whereas, on the 6th day of July, 1868, a paper was received by the President, which paper being addressed to the President, bears date of the 4th of July, 1868, and was trans mitted by and under the name of W. W. Hol den, who therein writes himself Governor of North Carolina, which paper certifies that the said proposed amendment, known as article XIV, did pass the Senate and He use of Repre sentatives of the General Assembly of North Carolina on the second day of July instant, and is attested by the names of John H. Boner or Bower, as secretary of the House of Represent atives, and T. A. Byrnes, as secretary of the Senate, and its ratification on the 4th of July, 1868, is attested by Tod R. Caldwell as Lieuten ant Governor, president of Senate, and J. W. Holden as speaker of House of Represent atives ; Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress aforesaid, do issue this proclamation, announcing the fact of the ratifica tion of the said amendment by the Legislature of the State of North Carolina, in the manner hereinbefore set forth. In testimony whereof I have signed these presents with my hand, and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this eleventh day of July, in the year of our Lord [seal.] one thousand eight hundred and sixty- " the eight, and of the Independence of the United States of America the ninety- third. Ahdbew Johnsoh. By the President : Wm. H. Sewabd, Secretary of State. Certificate of Mr. Seoretary Seward respecting the Ratification of the Fourteenth Amend ment to the Constitution,. July 20, 1868. William H. Seward, Secretary of State of the United States, to all to whom these presents may come, greeting : Whereas the Congress of the United States, on or about the sixteenth of June, in the year one thousand eight hundred and sixty-six, passed a resolution which is in the words and figures following, to wit : [For text of XlVth Amendment, see page 68 of Manual of 1867, or 194 of the combined Man ual.] And whereas by the second section of the act of Congress, approved the twentieth of April, one thousand eight hundred and eighteen, enti tled " An act to provide for the publication of the laws of the United States, and for other purposes," it is made the duty of the Secretary of State forthwith to cause any amendment to the Constitution of the United States, which has ¦ been adopted according to the provisions of the said Constitution, to be published in the news- papers authorized to promulgate the laws, with his certifi«ate specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States ; And whereas neither the act just quoted from, nor any other law, expressly or by conclusive implication, authorizes the Secretary of State t« S80 POLITICAL MANUAL. determine and decide doubtful questions as to the authenticity of the organization of State legislatures, or as to the power of any State legislature to recall a previous act or resolution of ratification of any amendment proposed to the Constitution ; And whereas it appears from official docu ments on file in this Department that the amend ment to the Constitution of the United States, proposed as aforesaid, haB been- ratified by the legislatures of the States of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Vii^ ginia, Kansas, Maine, Nevada,, Missouri, In diana, Minnesota, Rhode Island, Wisconsin, Pennsylvania, Michigan, Massachusetts, Ne braska, and Iowa; And whereas it further appears, from doou-. ments on file in this' Department, that the amendment to the Constitution of the United States, proposed as aforesaid, has also been rati fied by newly-constituted and newly-established bodies avowing themselves to be, and acting as, the legislatures, respectively, of the States of Arkansas, Florida, North Carolina, Louisiana, South Carolina, and Alabama ; And whereas it further appears from official dbcuments on file in this Department that the legislatures of two of the States first above enumerated, to Wit: Ohio and New Jersey, have since passed resolutions respectively withdraw ing the consent of each of said States to the aforesaid amendment ; and whereas it is deemed a matter of doubt and uncertainty whether such- resolutions are not irregular, invalid, and there fore ineffectual for withdrawing the consent of the said two States, or of either of them, to the aforesaid amendment ; And whereas the whole number of States in the United States is thirty-seven, to Wit : New Hampshire, Massachusetts, Rhode Island, Con necticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Vermont, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Missis sippi, Illinois* Alabama, Maine, Missouri,, Ar kansas, Michigan;, Florida, Texas, Iowa, Wis consin, Minnesota, California, Oregon, Kansas, West Virginia, Nevada) and Nebraska ; And whereas the twenty-three States first hereinbefore named, whose legislatures have ratified the said proposed amendment, and the six States next, thereafter named, as having ratified the said proposed amendment by newly- constituted and established legislative bodies, together constitute, three-fourths of the whole number of States in the United States : Now, therefore* be it known, that I, William H. Seward, Secretary of State of tbe United States, by virtue and in pursuance of tha second section of tho act of Congress, -approved th* twentieth of April, eighteen hundred and eighteen, hereinbefore cited, do herehy certify that if the resolutions, of the legislatures of Ohio and New Jersey ratifying the aforesaid amendment are to be deemed as remaining in full force and effect, notwithstanding the subse quent resolutions of the legislatures of those States which purport to withdraw the consent ef said States from such ratification, then the aforesaid amendment has been ratified in the manner hereinbefore mentioned, and so has become valid, to all intents and purposes, as a part of the Constitution of the United States. In testimony whereof, I have hereunto set my hand; and caused the seal of the Department of State to be affixed. Done at the City of Washington this 20ta day of July, in the year of our Lord [seal.] 1868, and of the independence of the United States of America the ninety* third. William H. Sewaed, Secretory of State. Concurrent Resolution of Congress on the same Subject, July 21, 1868. Whereas the legislatures of . the States, of Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, Missouri, In^ diana, Ohio,, Illinois, Minnesota, New York,. Wisconsin, Pennsylvania, Rhode Island) Mkhu, gan, Nevada, New Hampshire, Massachusetts,; Nebraska, Maine, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified then fourteenth article of amendment to the Consti tution of the United States, duly proposed by two-thirds of each House of the Thirty-Ninth Congress; therefore Resolved by the Senate, (the House cf Repre* sentatives concurring,) That said fourteenth. article is hereby declared to be a part of tbe Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State, July 21 — Passed the Senate without a count. Same day — Passed the House — the resolu tion — yeas 126, nays 32; the preamble^-yeasr 127, nays 35. Georgia has ratified it steco, by a majority of ten in the Senate, and twenty ^four in the House. General Blair's Letter to Colonel Brodhead. Washington, June 30, 1868., ' Colonel James 0. Brqdhead. Deae Colonel : In reply to your inquiries, I beg leave to say, that I leave to you to deter* mine, on consultation with my friends from Mis:, souri, whether my name shall be presented to the Democratic Convention, and to submit the; following as what I consider the real and only issue, in this contest. "The reconstruction policy of the Radicals will- be complete before the next election ; the States bo long excluded will have, been admitted, ne gro suffrage established, and the carpet-baggers. installed in their seats in both branches of Con*5 gress. There is no possibility of- changing tha political character of the Senate, even if the"' Democrats should elect their. President, and' » majority of the popular branch of Congress. Ws) cannot, therefore, undo the Radical plan of re construction by congressionail action ; the Senate will continue a bar to its repeal-. Must we sab* mit to it ? How can it be overthrown ? It can- only be overthrown by tbe authority of the-Ex- i ecutive, who is sworn to maintain the Constitu-' : tion, and who will fail to do his duty if ha allows SPEECHES OF SEYMOUR AND BLAIR. 881 the Constitution to perish under a series of con gressional enactments which are in palpable 7iolation of its fundamental principles. If the President elected Dy the Democracy enforces or permits others to enforce these recon struction acts, the Radicals, by the accession of twenty 'spurious Senators and fifty Representa tives, will control both branches of Congress, and his administration will be as powerless as the present one of Mr. Johnson. "There is but one way to restore the Govern ment and the Constitution, and that is for the President elect to declare these acts null and void, compel the army to undo its usurpations at the South, disperse the carpet-bag State govern ments,' allow the white people to reorganize their own governments, and elect Senators and Representatives. The House of Representatives will contain a majority of Democrats from the North, and they will admit the Representatives elected by the white people of the South, and, with the co-operation of the President, it will not be difficult to compel the Senate to submit once more to the obligations of the Constitution. It will not be able to withstand the public judg7 ment, if distinctly iuvoked and clearly expressed en this fundamental issue, and it is the sure way to avoid all future strife to put the issue plainly totte country. - 1 repeat, that this is the real and only question wh'ioh we should allow to control us : Snail we Bubmit totbe usurpations by which the Govern ment has been overthrown ;, or shall we exert ourselves for its full and complete restoration ? 1\ is idle to talk of bonds, greenbacks, gold, the public faith,1 and the public credit. What can a Democratic' President, do in regard to any of these, with a Congress in both branches con trolled by the Carpet-baggers and their allies? He will "be powerless to stop tbe supplies by which idle negroes are organized into politi cal-clubs — by which an army is maintained to protect these vagabonds in their outrages upon the ballot. These, and things like these, eat up the revenues and resources of the Government and destroy its credit — make the difference be tween gold and greenbacks. We must restore the Constitution before we can restore the finances, and to do this we must have a Presi dent who will execute the will of the people by trampling into dust the usurpations of Congress known as the reconstruction acts. I wish to stand before the convention upon this issue, but it iB one which embraces everything else that is of value in its large and comprehensive re sults. It is the one thing that includes all that is worth a contest, and without it there is nothing that gives dignity, honor, or value to the strug gle. Your friend, Fbank P. Blaib. Speeches of Horatio Seymour and Francis P. Blair, Jr., Accepting the Nominations, July 10, 1868 ' [From the N. Y. World, July 11, 1868.] speech op g0vebn0b seymour. Me. Chairman and Gentlemen op the Com mittee : I thank you for the courteous terms in which you have communicated to me the action of the Democratic National Convention. I have ao words adequate to express my gratitude for the good-will and kindness whieh that body h»s shown to me. Its nomination was unsought, and unexpected. It was my ambition to take an active part, from which I am now excluded, in the great struggle going on for the restoration of good government, of peace and prosperity to our country. But I have been caught up by the whelming tide that is bearing us on to a g'eat political change, and I find myself unable to resist its pressure. You have also given to me a copy of the resolutions put forth by the convention, showing its position upon all the great questions which now agitate the country. As the .presiding officer of that convention, I am familiar with their scope and import, and as one of its members, I am a party to their terms ; they are in accord with my views, and I stand upon them in the contest upon which we are now entering ; and I shall strive to carry them out in future, wherever I may be placed, in public or private life. I congratulate you, and all conservative men, who seek to restore order, peace, prosperity, and good government to our laud, upon the evidences everywhere shown, that we are to triumph at the next elec tion. Those who are politically opposed to us flattered themselves there would be discord in our councils ; they mistook the uncertainties of our views as to the best methods of carrying out our purposes, for difference of opinion with regard to those purposes. They mistook an intense anxiety to do no act which should not be wise and judieious, for a spirit of discord; but during the lengthened proceedings and earnest discuss ions of the convention there has prevailed an entire harmony of intercourse, a patient forbear ance, and a self-sacrificing spirit, which are the sure tokens of a coming victory. Accept for yourselves, gentlemen, my wishes for your future welfare and happiness. In a few days I will answer the communication you have just handed me. by letter, as is the customary form. speech op general blaib. Mr. Chairman: I accept the platform of reso lutions passed by the late Democratic Conven tion, and I accept their nomination with feelings of profound gratitude ; and, sir, I thank you for the very kind manner in which you have already conveyed to me the decision of the Democratic Convention. I accept the nomination with the conviction that your nomination for the Presi dency is one which will carry us to certain victory, and because I believe that the nom ination is the most proper nomination that could be made by the Democratic party. The contest which we wage is for the restoration of constitutional government, and it is proper that we should make this contest under the lead of one who has given his life to the maintenance of constitutional government. We are to make the contest for the restoration of those great principles of government which belong to our race. And, my fellow-citizens, it ia most proper that we should select for our leader a man not from military life, but one who has devoted himself to civil pursuits ; who has given himself to the study and the understanding of the Con stitution and its maintenance with all the force of reason and judgment. My fellow-citizens, I have said that the contest before us was one for 382 POLITICAL MANUAL. the restoration of our government ; it is also one for the restoration of our race. It is to pre vent the people of our race from being exiled from their homes — exiled from the govern-. ment which they formed and created for them selves and for their children, and to prevent them from being driven ont of the country or trodden under foot by an inferior and semi- barbarouB race. In this country we shall have the sympathy of every man who is worthy to belong to the white race. What civilized people on earth would refuse to associate with them selves in all the rights and honors and dignity of their country such men as Lee and Johnston ? What civilized country on earth would fail to do honor to those who, fighting for an erroneous cause, yet distinguished themselves by gallantry in that service ? In that contest, for which they are sought to be disfranchised and to be exiled from their homes — in that contest, they have proved themselves worthy to be our peers. My fellow-citizens, it is not my purpose to make any long address, (cries of "go on,") but simply to express my gratitude for the great and distin guished honor which has been conferred upon me A voice. " Yon are worthy of it." General Blair— and from my heart to reiter ate the words of thanks that fell from my lips when I arose. Ihe Funding Bill, July 25, 1868. An Act providing for payment of the national debt, and for the reduction of the rate of in terest thereon. Be it enacted, &c. That the Secretary of the Treasury is hereby authorized to issue coupon or registered bonds of the United States, in such form as he may prescribe, and of denominations of one hundred dollars, or any multiple of that sum, redeemable in coin at the pleasure of the United States after thirty and forty years, res pectively, and bearing the following rates of ¦yearly interestjpayable semi-annually in coin, (hat is to say: The issue of bonds falling due in thirty years shall bear interest at four and a half per centum ; and bonds falling due in forty years shall bear interest at four per centum; which said bonds and the interest thereon shall be ex empt from the payment of all taxes or duties to the United States, other than such income tax as may be assessed on other incomes, as well as from taxation in any form by or under State, muni cipal, or local authority, and the said bonds shall be exclusively used, par for par, for the redemp tion of or in exchange for an equal amount of any of the present outstanding bonds of the United States known as the five-twenty bonds, and may be issued to an amount, in the aggre gate, sufficient to cover the principal of all such five-twenty bonds, and no more. Seo. 2. That there is hereby appropriated out of the duties derived from imported^ goods the sum of one hundred and thirtv-five millions of dollars annually, which sum, during each fiscal year, shaW be applied to the payment of the in terest and to the reduction of the principal oi the public debt in such a manner as may be de termined by the Secretary of the Treasury, or as Congress may hereafter direct ; and such reduc-i tion shall be in lieu of the sinking fund con templated by the fifth section of the act entitled " An act to authorize the issue of United State) notes, and for the redemption or funding thereof, and for funding the floating debt of the United States," approved February twenty-fifth, eigh teen hundred and sixty-two. Seo. 3. That from and after the passage of this act no percentage, deduction, commission, or compensation of any amount or kind shall be allowed to any person for the sale, negotiation, redemption or exchange of any bonds or securi ties of the United States, or of any coin or bullion disposed of at the Treasury Department or else where on account of the United States ; and all acts or parts of acts authorizing or permitting, by construction or otherwise, the Secretary of the Treasury to appoint any agent, other than some proper officer of his department, to make such sale, negotiation, redemption, or exchange of bonds and securities are hereby repealed. POLITICAL MANUAL FOR 1869. XXXVII. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE FORTIETH CONGRESS, THIRL SESSION. PRESIDENT JOHNSON'S CABINET. Secretary of State — Wm. H. Sewaed, of New York. Secretary of the Treasury — Hugh McCdlloch, of Indiana. Secretary of War — John M. Schofield, of New York. Secretary of the Navy — Gideon Welles, of Con- - necticut. Secretary of the Interior — Obville H. Beowning, of Illinois. Postmaster General — Alexander W. Randall, of Wisconsin. Attorney General — Wm. M. Evaets, of New York. MEMBERS OF THE FORTIETH CONGRESS. Third Session, December 7, 1868— March 3, 1869. Senate. Benjamin F. Wade, of Ohio, President of the Senate, and Acting Vice President. George 0 Gorham, of California, Secretary. Maine — Lot M. Morrill, William PittFessenden. New Sampshire — Aaron H. Cragin, James W. Patterson. Vermont — George F. Edmunds, Justin S. Morrill. Massachusetts — Charles Sumner, Henry Wilson. Rhode Island— William Sprague, Henry B. An thony. Connecticut— James Dixon, Orris S. Ferry. New York — Edwin D. Morgan, Roscoe Conkling. New Jersey — Frederick T. Frelinghuysen, Alex ander Gf. Cattell. Pennsylvania — Charles R. Buckalew, Simon Cameron. Delaware — James A. Bayard, Willard Saulsbury. Maryland— William Pinckney Whyte, George Vickers. North Carolina— John C. Abbott, John Pool. South Carolina — Thomas J. Robertson, Frederick A. Sawyer. Alabama — Willard Warner, George E. Spencer. Louisiana— John S. Harris, William P. Kellogg. Ohio — Benjamin F. Wade, John Sherman. Kentucky— Thomas C, McCreery, Garrett Davis. Tennessee— David T. Patterson, Joseph S. Fowler. Indiana— Thomas A. Hendricks, Oliver P. Mor ton. Illinois— Richard Yates, Lyman Trumbull. Missouri— John B.Henderson, Charles D. Drake. A Arkansas — Alexander McDonald, Benjamin F Rice. Michigan — Zachariah Chandler, Jacob M. How ard. Florida — Adonijah S. Welch, Thomas W. Osborn. Iowa — James W. Grimes, James Harlan Wisconsin — James R. Doolittle, Timothy 0. Howe. California — John Conness, Cornelius Cole. Minnesota — Alexander Ramsey, Dan'l S. Norton. Oregon — George H. Williams, Henry W. Corbett. Kansas — Edmund G. Ross, Samuel C. Pomeroy. West Virginia— Peter G. Van Winkle, Waitman T. Willey. Nevada — William M. Stewart, James W. Nye. Nebraska — Thomas W. Tipton, John M. Thayer. House of Representatives. Sohuyleb Colfax, of Indiana, Speaker. Edward McPherson, of Pennsylvania, Clerk, Maine — John Lynch, Sidney Perham, James G. Blaine, John A. Peters, Frederick A. Pike. New Hampshire — Jacob H. Ela, Aaron F. Ste vens, Jacob Benton. Vermont — Frederick E. Woodbridge, Luke P. Poland, Worthington C Smith. Massachusetts— Thomas D. Eliot, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George S. Boutwell, John D. Baldwin, William B. Wash burn, Henry L. Dawes. Rhode Island— -Thomas A. Jenckes, Nathan F. UlAOfi. Connecticut — Richard D. Hubbard, Julius Hotch kiss, Henry H. Starkweather, William H. Barnum. New York— Stephen Taber, Demas Barnes, Wil liam E. Robinson, John Fox, John Morrissey, Thomas E. Stewart, John W. Chanler, James Brooks, Fernando Wood, William H. Robert son, Charles H. Van Wyek, John H. Ketcham, Thomas Cornell, John V. L. Pruyn, John A. Griswold, Orange Ferriss, Calvin T. Hulburd, James M. Marvin, William C. Fields, Addison H. Laflin, Alexander H. Bailey, John C. Churchill, Dennis McCarthy, Theodore M. Pomeroy, William H. Kelsey, William S. Lin coln, Hamilton Ward, Lewis Selye, Bnrt Van Horn, James M. Humphrey, Henry Van Aernam. 384 POLITICAL MANUAL. New Jersey — William Moore, Charles Haight, Charles Sitgreaves, John Hill, George A. Hal sey. Pennsylvania — Samuel J. Randall, Charles O' Neill, Leonard Myers, William D. Kelley, Ca leb N. Taylor, Benjamin M. Boyer, John M. Broomall, J. Lawrence Getz, 0. J. Dickey,* Henry L. Cake, Daniel M^ Van Auken, George W. Woodward, Ulysses Mercur, George F. Miller, Adam J. Glossbrenner, William H. Koontz, Daniel J. Morrell, Stephen F. Wilson, Glenni W. Scofield, S. Newton Pettis,-)- John Covode, James K. Moorhead, Thomas Wil liams, George V. Lawrence. Delaware — John A. Nicholson. Maryland — Hiram McCullough, Stevenson Arch er, Charles E. Phelps, Francis Thomas, Fred erick Stone. North Carolina — John R. French, David Heaton, Oliver H Dockery, John T. Deweese, Israel G. Lash, Nathaniel Boyden, Alexander H. Jones. South Carolina — B. F. Whittemore, C. C. Bowen, Simeon Corley, James H. Goss. Georgia— J. W. Clift, Nekon Tift, W. P. Ed wards, Samuel F. Gove, C. H. Prince, (vacan cy,) P. M. B. Young. Alabama — Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris, Charles W. Pierce, John B. CaUis, Thomas Haughey. Louisiana — J. Hale Sypher, (vacancy,) Joseph P. Newsbam, Michel Vidal, W. Jasper Black burn. Ohio — Benjamin Eggleston, Samuel F. Cary, Robert C. Schenck, William Lawrence, Wil liam Mungen, Reader W. Clarke, Samuel Shel labarger, John Beatty, Ralph P. Buckland, James M. Ashley, John T. Wilson, Philadelph Van Trump, Columbus Delano, Martin Welker, Tobias A. Plants, John A. Bingham, Ephraim R^ Eckley, Rufus P. Spalding, James A. Gar field. Kentucky — Lawrence S. Trimble, (vacancy,) J. S. Golladay, J. Proctor Knott, Asa P. Grover, Thomas L. Jones, James B. Beck, George M. Adams, Samuel McKee. Tennessee— Roderick R. Butler, Horace May nard, William B. Stokes, James Mullins, John Trimble.Samuel M. Arnell, Isaac R. Hawkins, David A. Nunn. Indiana — William E. Niblack, Michael C. Kerr, Morton C. Hunter, William S. Holman, George W. Julian, John Coburn, Henry D. Washburn, Godlove S. Orth, Schuyler Colfax, William Williams, John P. C. Shanks. Illinois — Norman B. Judd, John F. Farnswoikn, Ellihu B. Washburne, Abner C. Harding, Ebon C. Ingersoll, Burton C. Cook, Henry P. H. Bromwell, Shelby M. Cullom, Lewis w. Ross, Albert G. Burr, Samuel S. Marshall, Jehu Ba ker, Green B. Raum, John A, Logan. Missouri — William A. Pile, Carman A. Newcomb, James R. McCormick, Joseph J. Gravely, John H. Stover* Robert T. Van Horn, Benjamin F. Loan, John F. Benjamin, George W. An derson. Arkansas — Logan H. Roots, James T. Elliott, Thomas Boles. Michigan — Fernando C. Beaman, Charles Upson, Austin Blair, Thomas W. Ferry, Rowland *E. Trowbridge, John F. Driggs. Florida — Charles M. Hamilton. Iowa — James F. Wilson, Hiram Price, William B. Allison, William Loughridge, Grenville M. Dodge, Asahel W. Hubbard. Wisconsin — Halbert E. Paine, Benjamin F. Hop kins, Amasa Cobb, Charles A. Eldridge, Phile tus Sawyer, Cadwalader C. Washburn. California — Samuel B. Axtell, William Higby, James A. Johnson. Minnesota — William Windom, Ignatius Don nelly. ^ Oregon — Rufus Mallory. Kansas — Sidney Clarke. West Virginia — Chester D. Hubbard, Bethael M. Kitchen, Daniel PoWey. Nevada — Delos R. Ashley. Nebraska — John Taffe. * In place of Thaddeus Stevens, deceased. * In place of Joseph W. McClurg, resigned. t In place of Darwin A. Finney, deceased. XXXVIII. PRESIDENT JOHNSON'S LAST ANNUAL MESSAGE, DECEMBER 7, 1868. The following extractsrelate to reconstruction and other controverted subjects -: Fellow-Citizens of the Senate and House of Representatives; Upon the reassembling of Congress, it again becomes my duty to- call your attention to the state of the Union, and to its continued disor ganized condition tmiier the various laws wMch have been passed upon the subject of recon struction. It may be safely assumed, as an axiom in the government of States, that the. greatest wrongs inflicted upon a people are caused by unjust and arbitrary legisfeliion, or by. the- 'un relenting decrees of despotic rulers, and that THE PRESIDENT'S MESSAGE. 385 the timely revocation of injurious and oppress ive measures is the greatest good that can be ' inferred upon a nation. The legislator or ruler who has the wisdom and magnanimity to retrace his steps, when convinced of error, will sooner or later be rewarded with the respect and gratitude of an intelligent and patriotic people. Our own history, although embracing a period less than a century, affords abundant proof that most, if not all, of our domestic troubles are directly traceable to violations of the organic law and excessive legislation. The most striking illustrations of this fact are furnished by the enactments of the past three years upon the qhestion of reconstruction. After a fair trial they have substantially failed and provedi per nicious in their results, and there seems to be no good reason why they should remain lonjger upon the statute-book. States to which the Constitu tion guaranties a republican form of government have been reduced to military dependencies, in each of which the people have been made sub ject to the arbitrary will of the commanding general. Although the Constitution requires that each State shall be represented in Congress, Virginia, Mississippi, and Texas are yet ex cluded from the two Houses, and, contrary to the'express provisions of that instrument, were dekied participation in the recent election for a president and Vice President of the United States. The attempt to place the white popula tion under the domination of persons of color ia the South has impaired, if not destroyed, the kindly relations that had previously existed be tween them; and mutual distrust has engendered a, feeling of animosity which, leading in some instances to collision and bloodshed, has pre vented that co-operation between the two races 80 essential to the success of industrial enter prises in the Southern States. Nor have the inhabitants of those States alone suffered from the disturbed condition of affairs growing out of these congressional enactments. The entire Union has been agitated by grave apprehensions of troubles which might again involve the peace of'the nation ; its interests have been injuriously affected by the derangement of business and labor, and the consequent want of prosperity throughout that portion of the country. *The Federal Constitution — the magna charta of American rights, under whose wise and salu tary provisions we have successfully conducted all our domestic and foreign affairs, sustained ourselves in peace and in war, and become agreat nation among the Powers of tfie earth — :must assuredly be now adequate to the settlement of questions growing out of the civil war waged alone for its vindication^ This great fact is made most manifest1 by the condition of the country when Congress assembled in the month of December, 1865. Civil strife had ceased; the spirit of rebellion had spent its entire force; in the Southern States the people had warmed into national life, and throughout the whole country a healthy reaction in public sentiment had taken place. By the application of the simple yey effective provisions of the Constitution the executive department, with the voluntary aid of the States, had brought the work of restoraJ tion as near completion as was within the scop* of its authority, and the nation was encouraged by the prospect of an early and satisfactory ad- justmentof all its difficulties. Congress, however, . intervened, and, refusing to perfect the work so nearly consummated,, declined to admit members from the, unr,epr,es,en ted States, adopted a series of measures which arrested the progress ol res toration, frustrated all that had been bo success fully accomplished, and after three years of agitation and strife has left the country fun.her frc-m the attainment of union and fraternal feeling than at the inception of the congress ional plan of reconstruction. It needs no argument to show that legislation which has produced such baneful consequences should be abrogated, or else made to conform to the genuine principles of republican government Under the influence of party passion and sec tional prejudice, other acts have oeen passed not warranted by the Constitution. Congress has already. been made familiar with my views res pecting the 'Henure-of-ofEce bill." Experience has proved tbat its repeal is demanded by the best interests of the country, and that while it remains in force the President cannot enjoin that rigid accountability of public officers so essential 'to an honest and efficient execution of the laws. Its revocation would enable the executive department, to exercise the power of appointment and removal in accordance with the original design of the Federal Constitution. The act of March 2, 1867, making appropri ations for the support of the army for the year ending June 30, 1868, and for other purposes, contains provisions which interfere with the President's constitutional functions as Com mander-in-Chief of the Army, and deny to States of the Union the right to protect them selves by means of their own militia. These provisions should be at once annulled ; for while the first might, in times of great emergency, .seriously embarrass the Executive in efforts to employ and direct the common strength of the nation for its protection and preservation, the- other is contrary to the express declaration of the Constitution, that, "a well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." It is believed tbat the repeal of all such laws would be accepted by the American people as at least a partial return to the fundamental principles of- the Government, and an indication that hereafter the Constitution is to, be made the nation's saf« and unerring, guide. They can be productive of no perman&at benefit to the coun try, and should not be permitted to, stand as so many monuments of the deficient wisdom which has characterized our recent legislation. The condition of oijr finances demands the early and earnest consideration of Congress. Compared with the.grow.th of our population, the public expenditures have reached an amount unprecedented in our history. The population, of the United States in, 1,790> was nearly four, millions of people. Increasing each decade about thirty- three per cent., iA reached in I860 thirty-one million's — an increase of sever|,h!}ridr.ed per'cent. oh the papulation; ii) POLITICAL MANUAL. i/90. In 1869 it is estimated that it will reach thirty-eight millions, or an increase of eight hundred and sixty-eight per cent, in seventy- nine years. The annual expenditures of the Federal Government in 1791 were $4,200,000; in 1820, $18,200,000; in 1850, $41,000,000; in 1860, $63,000,000; in 1865, nearly $1,300,000,000; and in 1869 it is estimated by the Secretary of the Treasury, in his last annual report, that they will be $372,000,000. By comparing the public disbursements of 1869, as estimated, with those of 1791, it will be seen that the increase of expenditure since the beginning of the„Government has been eight thousand six hundred and eighteen per cent., while the increase of the population for the same period was only eighteen hundred and sixty- eight' per cent. Again ; the expenses of the Gov ernment in 1860, the year of peace immediately preceding the war, were only $63,000,000; while in 1869, the year of peace three years after the war, it is estimated they will be $372,000,000— an increase of four hundred and eighty-nine per cent., while the increase of population was only twenty-one per cent, for the same period. These statistics further show, that in 1791 the annual national expenses, compared with the population, were little more than $1 per capita, and in 1860 but $2 per capita; while in 1869 they will reach the extravagant sum of $9 78 per capita. It will be observed that all of these statements refer to and exhibit the disbursements of peace periods. It may, therefore, be of interest to compare the expenditures of the three war pe riods—the war with Great Britain, the Mexican war, and the war of the rebellion. In 1814 the annual expenses incident to the W of 1812 reached their highest amount — about thirty-one millions ; while our population slightly exceeded eight millions, showing an expenditure of only $3 80 per capita. In 1847 the expenditures growing out of the war with Mexieo reached $55,000,000, and the population about, twenty-one millions, giving only $2 60 per capita for the war expenses of that year. In 1865 the expenditures called for by the rebellion reached the vast amount of $1,290,000,000, which, compared with a population of thirty- fOur millkms, gives $38 20 per capita. . From the 4th day of March, 1789, to the 30th of June, 1861, the entire expenditures of the Government were $1,700,000,000. During that period we wer* engaged in wars with Great Bri tain and Mexieo, and were involved in hostilities with powerful Indian tribes; Louisiana was furchased from France at a cost of $15,000,000; '•lorid-a was ceded to us by Spain for $5,000,000 • California was acquired from Mexico for $15,- 000,000 ; and the Territory of New Mexico was obtained from Texas for the Bum of $10,000,000. Early ill 1861 the war of the rebellion commenced ; a-nd from-tbe 1st of July of that year to the 30th of June, 1865, the public expenditures reached the enormous aggregate of $3,300,000,000. Three years of peace have intervened, and during that time the disbursements of the Government have successively been $520,000,000, $346,000 000 and |393,OOO^)00. .Adding to these amounts $372,000,000, estimated as necessary for the fiscal year ending the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000 during the four years immediately succeeding the .war, or nearly as much as was expended during the seventy-two years that preceded the rebellion, and embraced the extraordinary expenditures already named. These startling facts clearly illustrate the ne cessity of retrenchment in all branches of the pub lic service. Abuses which were tolerated during the war for the preservation of the nation will not be endured by the people, now that profound peace prevails. The. receipts from internal rev enues and customs have during ihe past three years gradually diminished, and the continuance of useless and extravagant expenditures »/ill involve us in natioual bankruptcy, or else msie inevitable an increase of taxes, already too onerous, and in many respects obnoxious on account of their inquisitorial character. One hundred millions annually are expended for the military force, » large portion of which is em ployed in the execution of laws both unnecessary and unconstitutional; $150,000,000 are required each year to pay the interest on the public.debtj an army of tex-gatherers impoverishes the na tion ; and public agents, placed by Congress be yond the control of the Executive, divert from their legitimate purposes large sums of money which they collect from the people in the name of the Government. Judicious legislation tnd prudent economy can alone remedy defects and' avert evils which, if suffered to exist, cannot fail to diminish confidence in the public counots, and weaken the attachment ana respect of the people toward their political institutions. With out proper care the small balance which it is estimated will remain in the Treasury at the close of the present fiscal year will not be real-; ized, and additional millions be added te a debt which is now enumerated by billions. It is shown by the able and comprehensive report of the Secretary of the Treasury that the receipts for the fiscal year ending June 30, 1868, were $405,638,083, and that the expenditures for the same period were $377,340,284, leaving in the Treasury a surplus of $28,297,793. Itisesti- mated that the receipts during tbe present - fiscal year ending June 30, 1869, will be $341,392,868, and the expenditures $336,152,470, showing a Bmall balance of $5,240,398 in favor of the Gov ernment. For the fiscal year ending June 30, 1870, it is estimated that the receipt will amount to $327,000,000, and the expenditures to $303,- 000,000, leaving an estimated surplus of $24,- 000,000. It becomes proper, in this connection, to make a brief reference to our public indebtedness, which has accumulated with such alarming rap idity and assumed such colossal proportions. In 1789, when the Government commenced operations under the Federal Constitution, it was burdened with an indebtedness of $75,000,000 created during the war of the Revolution. This amount had been reduced to $45,000,000 when-, in 1812, war was declared against Great Britain. The three years' struggle that followed largely increased the national obligations, and in 1816 they had attained the sum o? $127,000,000. Wise THE PRESIDENT'S MESSAGE. 387 ind economical legislation, however, enabled the Government to pay the entire amount within a period of twenty years, and the extinguish ment of the national debt filled the land with rejoicing, and was one of the great events of President Jackson's administration. After its redemption a large fund remained in the Treas ury, which was deposited for safe-keeping with the several States, on condition that it should be returned when required by the public wants. In 1649 — the year after the termination of an expensive war with Mexico — we found ourselves involved in a debt of $64,000,000 ; and this was the amount owed by the Government in 1860, just prior to the outbreak of the rebellion. In the spring of 1861 our civil war commenced. Eacbyear of its continuance made an enormous addition to the debt ; and when, in the spring of 1865, the nation successfully emerged from the Conflict, the obligations of the Government had reached the immense sum of $2,873,992,- 909. The Secretary of the Treasury shows that on the 1st day of November, 1867, this amount had been reduced to $2,491,504,450; but at the Bame time his report exhibits an increase during the past year of $35,625,102; for the debt on the 1st day of November last is stated to have been $2,527,129,552. It is estimated by the Secretary that the returns for the past month will add to our liabilities the further sum of $11,000,000 — making a total increase during thirteen months of $46,500,000. In my message to Congress of December 4, 1865, it was suggested that a policy should be devised, which, without being oppressive to the people, would at once begin to effect a reduction of the debt, and if persisted in discharge it fully within a definite number of years. The Secre tary of the Treasury forcibly recommends legis lation of this character, and justly urges that the longer it is deferred the more difficult must become its accomplishment. We should follow the wise precedents established in 1789 and 1816, and without further delay make provision for the payment of our obligations at as early a period as may be practicable The fruits of their labor should be enjoyed by our citizens, rather than used to build up and sustain moneyed mon opolies in our own and other lands. Our foreign debt is already computed by the Secretary of the Treasury at $850,000,000 ; citizens of foreign countries receive interest upon a large portion of our securities, and American tax-payers are made to contribute large sums for their support. The idea that such a debt is to become perma nent should be at all times discarded, as in volving taxation too heavy to be borne and payment once in every sixteen years at the present rate of interest of an amount equal to the original sum. This vast debt, if permitted tobecome permanent and increasing, must event ually be gathered into the hands of a few, and enable them to exert a dangerous and control ling power in the affairs of the Government. The borrowers would become servants to the lenders — the lenders the masters of the people. We now pride ourselves upon having given freedom to four millions of the colored race ; it will then be our shame that forty million people, by their Own toleration of usurpation and profligacy, have suffered themselves to become enslaved, and merely exchanged slave-owners for new task masters in the shape of bond-holders and tax- gatherers. Besides, permanent debts pertain to monarchical governments, and tending to mon opolies, perpetuities, and class legislation, are totally irreconcilable with free institutions. In troduced into our republican system, they would gradually but surely sap its foundations, event ually subvert our governmental fabric, and ersct upon its ruins a moneyed'aristocracy. It is our sacred duty to transmit unimpaired to our pos terity the blessings of liberty which were be queathed to us by the founders of the Republic, and by our example teach those who are to fol low us carefully to avoid the dangers which threaten a free and independent people. Various plans have been proposed for the pay ment of the public debt. However they may have varied as to the time and mode in which it should be redeemed, there seems to be a general concurrence as to the propriety and justness of a reduction in the present rate of interest. The Secretary of the Treasury, in his report, recom mends five per cent. ; Congress, in a bill passed prior to adjournment, on the 27th of July last, agreed upon four and four and a half per cent.; while by many three per cent, has been held to be an amply sufficient return for the investment. The general impression as to the exorbitancy of the existing rate of interest has led to an inquiry in the public mind respecting the consideration which the Government has actually received for its bonds, and the conclusion is becoming preva lent that the amount which it obtained was in real money three or four hundred per cent, lees than the obligations which it issued in return. It cannot be denied that we are paying an ex travagant percentage for the uee of the money borrowed, which was paper currency, greatly depreciated below the value of coin. This fact is made apparent, when we consider that bond holders receive from the Treasury, upon each dollar they own in Government securities, six per cent, in gold, which is nearly or quite equal to nine per cent, in currency ; that the bonds are then converted into capital for ' the national banks, upon which those institutions issue their circulation, bearing six per cent, interest; and that they are exempt from taxation by the Gov ernment and the States, and thereby enhanced two p?r cent, in the hands of the holderB We have thus an aggregate of seventeen per cent. which may be received upon each dollar by the owners of Government securities. A system that produces such results is justly regarded as favoring a few at the expense of the many, and has led to the further inquiry, whether our bondholders, in view of the large profits which they have enjoyed, would themselves be averse to a settlement of our indebtedness upon a plan which would yield them a fair remuneration, and at the same time be just to the tax-payers of the nation. Our national credit should be sacredly observed ; but in mak ing provision for our creditors we should not forget what is due to the masses of the people. It may be assumed that the holders of our securi ties have already received upon their bonds a larger amount than their original investment. POLITICAL MANUAL. measured by a gold standard. Upon this state ment of facts it would seem but just and, equita ble that the six per cent, interest now paid by the Government should be applied to the, reduc tion of the principal in semi-annual installments, which in sixteen years and, eight months would liquidate the entire national debt.. Six per cent. in gold would at present rates.be equal to nine per cent, in currency, and equivalent to the pay ment of the debt one and a half time, in a fraction less than seventeen years. This, in connection with all the other advantages derived from their investment, would afford to the pubKc creditors a fair and liberal compensation for the use of thei' capital, and with this, they should, be satis fied . The lessons of the past admonish tbe lender that it is not well to be over anxious in exacting from the borrower rigid compliance with tjie letter of the bond.* If provision be made .for the, payment, of, tbe indebtedness of the Government in the manner, suggested, our nation will, rapidly recover its wonted prosperity. Its interests, require that. some measure should be taken to release, the large amount of capital invested in the securities of the Government. It is not now, merely un-, productive, but in taxation annually consumes $150,000,000, which would otherwise be. used by our enterprising people in adding to the wealth of the nation, Our commerce, which at one time siiccessiully rivaled that of the grea£ maritime Powers, has rapidly diminished, ahd our indus trial interests, are in a depressed ao.d.languishing. condition, The development of our inexhausti ble resources is checked, and the fertile fields of the South are becoming waste for want,of means to till them. With the release of, capital, new^ life would be infosed into the paralyzed ener gies of our people, and activity and vigor im-: parted to every branch of industry. Our people need encouragement in their, efforts to recover from the effects of the rebellion and of injudicious legislation ; and it should be. the aim of the Gov ernment to stimulate them by the, prospect of an early release from the burdens, which impede their prosperity. If we cannot take the burdens from their shoulders, we should at least manifest a willingness to help to bear them. In referring to the condition, of the circulating medium, I shall merely reiterate, substantially, that portion of my last annual message, which relates to that subject. The proportion which the currency of any country should bear to the whole value of tbe annual produce circulated by its means is a question upon which political economists have, not agreed. Nor.can it be controlled by legisla tion, but must be left to the irrevocable laws which everywhere regulate commerce and trade. The circulating medium will ever irresistibly flow to, those points where it is in greatest demand. The law of demand and supply is as unerring as that which regulates the, tides of the ocean.; and indeed currency, like th,e tides, has its ebbs, and flows throughout the commercial world, At the beginning of the rebellion the bank note circulation of the country amounted to not * See resolutions of Senate and House of Represent atives thereon, pp. 391, much more than $200,000,000; now the cir culation of national bank notes and those known as "legal-tenders" is nearly $700,000,000 While it is urged by some that this amount should he increased, others contend, that a decided re duction is absolutely essential to, the best. inter ests of, the country. In view. o.f these diverse opinion?,, it may be well to ascertain the real value. of our paper issues, when compared with a metallic or convertible currency. For this purpose iet us inquire how much gold and silver could be purchased by the $700,000,000 of paper money now in circulation. Probably not more than half the amount of the latter, showing that when our paper currency is compared with gold and silver its commercial value is compressed in to, $350,000,000. This striking fact makes it the. obvious duty. of, the.. Government, as early as maybe consistent with the, principles; of, sound political. economy, to take such measures, as will enable, the holder of its notes and those, of: the national banks to convert them, without loss, into specie or its equivalent. A reduction., of our paper-circulating medium need not necessa-, rily follow; This, however, would depend upon the.law of demand a.nd supply ; though it should be, borne in mind that by making legab-tender. and bant; notes. convertible into coin' or its equiv alent, the^r present specie value in the bands of. their, holders would be enhanced one hundred per cent. Legislation for the accomplishment of,a result- so desirable is demanded . by the highest, public, considerations,. The Constitution contemplate" that, the circulaiting.medium of the .country sha.li be uniform in , quality, and value. At the time of ,the formation of that instrument the country. had, just emerged from tbe war: of, the, Revolu tion, and was suffering from the effects, of a. rer. dundant and worthless paper, currency. The sages of tbat period were anxious to, protect their posterity, from the evils which they, themselves had experienced. Hence, in providing a.«jrcu- lating medium, they conferred upon . Congress the p.ower to coin money and regulate, the, value tbereof, at, the. same time, -prohibiting th,e States from, makjng anything, but ;gpld and, silver, a tender, in payment of debts. , Th.e anpmalou?, .condition, pf, our currency, is in striking contrast with that which was originally designed. Our, circulation now, embraces,. first, , n.otes of theinafionaiLbanlss, which are mad? re ceivable for all dues to the.Gp.vernment, excluding imposts, and by, all i.ts,c.red.itQr3,,exc6piting inpay ment of interest upon its bonds and the securities themselves,; sepond, legal- tender, notes, issued by the United Stat??, ana .which,, the.law requires shall be received, as well in ,pay ment. of lall^.debts, between citizens, as, of all, .Government! dues, ex,-, cepting impps.ts ; and, third,, gold and silver coin. By the operation of our present systemof finance, , however, the metallic currency, when collected,,, is reserved only for one class . of Government. creditors,, who,, holding its. , bonds., semi-annually receive their notes, in coin from the national Treasury. Ther,e,is no reason which, will be*, cepted as satisfactory by the. people why those. who defend us on the land and protect us, on th«t sea ; the pensioner upon the gratitude of the na tion, bearing the scars a.r>d wounds received while THE PRESIDENT S MESSAGE. 389 in its service ; the 'public servants in the various Departments of the Government ; the farmer who supplies the soldiers of the army and the sailors of the navy ; the artisan who toils in the nation's workshops, or the mechanics and laborers who build its edifices and, construct its forts and ves sels of war, should, in payment of their just, and hard-earned dueB, receive depreciated paper .while another class of their countrymen, no more de serving, are paid in coin of gold and silver. Equal and exact justice requires that all the creditors of the Government should be paid in a currency possessing a uniform value. This can only be accomplished by the restoration of the currency to the standard established by the Con stitution.; and by this means we would romove a discrimination which may, if it has not already done so, create a prejudice'that may become deep- rooted and wide-spread, and imperil the national credit. The feasibility of making our currency cor respond with the constitutional standard may be seen by reference to a few facts derived from our commercial statistics. The aggregate product of precious metals in the United States from 1849 to 1867 amounted to $1,174,000,000, while for the same period, the Hot exports of specie were $741,000,000. This shows an excess of product over not exports of $433,000,000. There are in tbe Treasury $103,- 407,985 in coin, in circulation in the States on the Pacific coast about $40,000,000, and a few millions in the national and other banks — in all less than $160,000,000. Taking into considera tion the specie in the country prior to 1849 and that produced since 1867, and we have more than $300,000,000 not accounted for By exportation or by the returns of the Treasury, and therefore most probably remaining in the country. These are important facts, and show how com pletely the inferior currency will supersede the better, forcing it from circulation among the masses, and causing it to be exported as a mere article of trade, to add to the money capital of foreign lands. They show the necessity of re tiring our paper money, that the return of gold and silver to the avenues of trade may be in vited, and a demand created which will cause the retention at home of at least so much of the productions of our rich and inexhaustible gold- bearing fields as may be sufficient for purposes of circulation. It is unreasonable to expect a return to a sound currency so long as the Gov ernment and banks, by continuing to issue irre deemable notes, fill the channels of circulation with depreciated paper. Notwithstanding a coinage by our mints, since 1849, of $874,000,- 000, the people are now strangers to the currency which was designed for their use and benefit, and specimens of the precious metals bearing the national device are seldom seen, except when produced to gratify tbe interest excited by their novelty. If depreciated paper is to be continued as the permanent currency of the country, and all our coin is to become a mere article of traffic and speculation, to the enhancement in price of all that is indispensable to the comfort of the people, it would be wise economy to abolish our mints, thus saving the nation the care and ex pense incident U> svch establishments, and let all our precious metal be exported in bullion. The time has come, however, when the Government and national banks should be required to take the most efficient steps and make all necessary arrangements for a resumption of specie pay ments. Let specie payments once be earnestly inaugurated by the Government and banks, and ' the value of the paper circulation would di rectly approximate a specie standard. Specie payments having been resumed by the Government and banks, all notes or bills of paper issued by either of a less denomination than twenty dollars should by law be excluded from circulation, so that the people may have the benefit and convenience of a gold and silver currency which, in all their business transac tions, will be uniform in value at home and abroad. "Everyman of property or industry, every man who desires to preserve what he honestly possesses, or to obtain what he can honestly earn, has a direct interest in maintaining a safe circulating medium — such a medium as shall be real and substantial, not liable to vibrate with opinions, not subject to be blown up or blown down by the breath of speculation, but to be made stable and secure. A disordered currency is one of the greatest political evils. It under mines the virtues necessary for the support of the social system, and encourages propensities destructive of its happiness. It wars against industry, frugality, and economy, and it fosters the evil spirits of extravagance and speculation." It has been asserted by one of our profound and most gifted statesmen, that " of all the contri vances for cheating the laboring classes of man kind none has been more effectual than that which deludes them with paper money. This is the most effectual of inventions to fertilize the rich man's fields by the sweat of the poor man's brow. Ordinary tyranny, oppression, excessive taxation — these bear lightly on the happiness of the mass of the community compared with a fraudulent currency and the robberies commit ted by depreciated paper. Our own history has recorded for our instruction enough and more than enough of the demoralizing tendency, the injustice, and the intolerable oppression on the virtuous and well-disposed of a degraded paper currency authorized by law or in any way coun tenanced by Government." It is one of the most Buccessful devices, in times of peace or war, of expansions or revulsions, to accomplish the transfer of all the .precious metals from tbe great mass of the people into the hands of the few, where they are hoarded in secret places or de posited under bolts and bars, while the people are left to endure all the inconvenience, sacrifice, and demoralization resulting from the use of de preciated and worthless paper. * * * During the fiscal year ending June 30, 18684 six million six hundred and fifty-five thousand seven hundred acres of public land were dis posed of. * * * On the 30th of June, 1868, one hundred and sixty-nine thousand six hundred and forty-three names were borne on the pension rolls, and during the year ending on that day the total amount paid for pensions, including the expenses 390 POLITICAL MANUAL. of disbursement, was $24,010,982, being $5,391,- 025 greater than that expended for like pur poses during the preceding year. * * * Treaties with various Indian tribes have been concluded, and will be submitted to the Senate for its constitutional action. * * * The strength of our military force on the 30th of September last was forty-eight thousand men, and it is computed that, by the 1st of January next, this number will be decreased to forty-three thousand. It is the opinion of the Secretary of War that within the next year a considerable diminution of the infantry force may be made Without detriment to the interests of the country ; and in view of the great expense attending the military peace establishment, and the absolute necessity of retrenchment wherever it can be applied, it is hoped that Congress will sanction the reduction which hi* report recommends. While in 1860 sixteen thousand three hundred men cost the nation $16,472,000, the sum of $65,682,000 is estimated as necessary for -the support of the army during the fiscal year end ing June 30, 1870. The estimates of the War Department for the last two fiscal years were, for 1867, $33,814,461; and for 1868, $25,205,669. The actual expenditures during the same periods were, respectively, $95,224,415 and $123,246,648. The estimate submitted in December last for the fiscal year ending June 30, 1869, was $77,124,707 ; the expenditures for the first quarter, ending the 30th of September laBt, were $27,219,117, and the Secretary of the Treasury gives $66,000,000 as the amount which will probably be required during the remaining three quarters, if there should be no reduction of the army — making its aggregate cost for the year considerably in excess of $93,000,000. The difference between the estimates and expenditures for the three fiscal years which have been named is thus shown to be $175,545,343 for this single branch of the public service; * * ' * The total number of vessels in the navy is two hundred and six, mounting seventeen hundred and forty-three guns. Eighty-one vessels of every description are in use, armed with six hundred and ninety-six guns. The number of enlisted men in the service, including appren tices, has been- reduced to eight thousand five hundred. * * * The' ordinarv postal revenue for the fiscal year ending June 30, 1868, was $16,292,600, and the total expenditures, embracing all the service for which special appropriations have been made by Congress, amounted to $22,730,592, showing an excess of expenditures of $6,437,991. * * * Comprehensive national policy would seem to sanction the acquisition and incorporation into our Federal Union of the several adjacent con tinental and insular communities as Bpeedily as it can be done peacefully, lawfully, and without any violation of national justice, faith, or honor, Foreign possession or control of those commu nities has hitherto hindered the growth and im paired the influence ofthe United States. Chronic revolution and anarchy there would be equally injurious. Each one of them, when firmly es tablished as an independent republic, or when incorporated into the United States, would be a new source of strength and power. Conforming my administration to these principles, I have on no occasion lent support or toleration to unlawful expeditions set on foot upon the plea of repub lican propagandism or of national extension or aggrandizement. The necessity, however, of repressing such unlawful movements clearly in dicates the duty which rests upon us of adapting our legislative action to the new circumstances of a decline of European monarchical power and influence, and the increase of American repub lican ide^s, interests, and sympathies. It cannot be long before it will become necesr sary for this Government to lend some effective aid to the solution of the political and social problems which are continually kept before the world by the two republics of the Island of St. Domingo, and which are now disclosing them selves more distinctly than heretofore in the Island of Cuba. The subject is commended to your consideration with all the more earnestness because I am satisfied that the time has arrived when even so direct a proceeding as a proposi tion for an annexation of the two republics 6f the Island of St. Domingo would not only receive the consent of the people interested, but would also give satisfaction to all other foreign nations. I am aware that upon the question of further extending our possessions it is apprehended by some that our political system cannot success fully be applied to an area more extended than our continent; but the conviction is rapidly gaining ground in the American mind that, with the increased facilities for intercommunication between all portions of the earth, the principles of free government, as embraced in our Consti tution, if faithfully maintained and carried out, vjould prove of sufficient strength and breadth to comprehend within their Sphere and influence the civilized nations of the world. * * * I renew the recommendation contained in my communication to Congress dated the 18th July^ last, a copy of which accompanies this message, that the j udgment of the people should be taken on the propriety of sO amending the Federal Constitution that it shall provide — First. For an election of President and Vice President by a direct vote of the people, instead of through the agency of electors, and making them ineligible for re-election to a second term. Second. For a distinct designation Of the per son who shall discharge the duties of President in the event of a vacancy in that office by the death, resignation, or removal of both the Presi dent and Vice President. Third. For the election of Senators of the United States directly by the people of the sev eral States, instead of by the legislatures ; and Fourth, r or the limitation to a period of years of tbe terms of federal judges. Profoundly impressed with the propriety of making these important modifications in the Con stitution, I respectfully submit them for the early and mature consideration of Congress. We should as far as possible remove all pretext for violation's of the organic law, by remedying such imperfec tions as time and experience may develop, ever remembering that " the Constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredljj obligatory upon all." POLITICAL VOTES. 391 In the performance of a duty imposed upon ¦me by the Constitution, I have thus communi cated to Congress information of the state of the Union, and recommended for their consideration such measures as have seemed to me necessary and expedient. If carried into effect, they will hasten the accomplishment of the great and be neficent purposes for which the Constitution was ordained, and which it comprehensively states were " to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general wel fare, and secure the blessings of .liberty to ourselves and our posterity. ' In Congress are vested all legislative powers, and upon them devolves the responsibility as well for framing unwise and excessive lawB, as for ne glecting to devise and adopt msasures absolutely demanded by the wants of the country. Let us earnestly hope that before the expiration of our respective terms of service, now rapidly drawing to a close, an all-wise Providence will so guide our counsels as to strengthen and preserve the Federal Union, inspire reverence for the Consti tution, restore prosperity and happiness to our whole people, and promote " on earth peace, good will toward men." Andeew Johnson. Washington, December 9, 1868. XXXIX. . POLITICAL VOTES IN THIRD SESSION OF FORTIETH CONGRESS. CONDEMNATION OP PRESIDENT JOHNSON'S PROPOSITION RESPECTING THE PAYMENT OF THE PUBLIC DEBT. Condemnatory Resolutions. In Senate. 1868, December 14— Mr. Willey submitted this resolution, which was reported from the Com mittee on' Finance by Mr. Cattell, December 16 : Resolved, That the Senate, properly cherishing ahd upholding the good faith and honor of the nation, do hereby utterly disapprove of and condemn the sentiments and propositions con tained in so much of the late annual message of the President of the United States as reads as follows : "It may be assumed that the holders of our securities have already received upon their bonds a larger amount than their original investment, measured by a gold standard. Upon this state ment of facts, it would seem but just and equita ble that the six per cent, interest now paid by the Government should be applied to the reduc tion of the principal in semi-annual installments, which in sixteen years and eight months would liquidate the entire national debt. Six per cent. in gold would at present rates be equal to nine per cent, in currency, and equivalent to the payment of the debt one and a half times in a paction less than seventeen years. This, in con nection with all the other advantages derived from their investment, would afford to the pub lic creditors a fair and liberal compensation for the use of their capital, and with this they should be satisfied. The lessons of the past admonish the lender that it is not well to be over-anxious in exacting from the borrower rigid compliance with the letter of the bond." Mr. Hendricks moved this as a substitute : That the Senate cordially endorse the senti ment in the President's message, "that our national credit should be sacredly observed." and declare that the public debt should be paid as rapidly as practicable, exactly in accordance with the terms of the contracts under which the several loans were made, and where the obliga tions of the Government do not expressly state upon their face, or the law under which they were issued does not provide, that they shall be paid in coin, they ought in right and justice to be paid in the lawful money of the United States. . Which was disagreed to— yeas 7, nays 44, as follow : Ysas— Messrs. Buckalew, Davis, Hendricks, McCreery, Saulsbury, Vickers, Whyte—1. „ „ „ „ ,, . Nats— Messrs. Abbott, Anthony, Cattell, Chandler, Cole, , Conkling, Corbett, Dixon, Drake, Edmunds, Perry, Fessenden, Frelinghuysen, Grimes, Harris, Henderson, Howard, Howe, Kellogg, Morgan, Momll of Maine, Morrill of Vermont, Nye, Osborn, Pool, Ram sey, Riee, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Trumbull, Van Wmkle, Wade, Warner, Welch, Willey, Williams, Wilson, Yates— 44. December 18 — The resolution was adopted- yeas 43, nays 6, as follow : Yeas— Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Oi-agin. Dixon, Ed munds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Harris, Henderson, Howard, Howe, Kellogg, Morgan, Morrill of Vermont, Nye, Osborn, Pomeroy, Ramsey, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Van Winkle, Wade, Warnor Willey, Williams, Wilson, Yates-43. Nats— Messrs. Davis, McCreery, Patterson of Ten. nessee, Saulsbury, Vickers, Whyte—G. 392 POLITICAL MAMUAL. In House. 1868, December 14. — Mr.Broomall moved that the rules be suspended, so as to enable him to submit the following preamble and resolution: Whereas the President of the United States, in his annual message to the Fortieth Congress, at its third session, says: " It may be assumed that the holders of our securities have already received upon their bonds a' larger amount than their original investment, measured by a gold standard. Upon this statementof /acts it would seem but just and equitable that the six per cent, interest how paid by the Government should be applied to the reduction of theprinci- pal in semi-annual installments, which in sixteen years and eight months would liquidate the entire national debt. Six per cent, in gold would at present rates be, .equal to nine per cent, m currency, and equivalent to the payment of the debt one and a half time in a fraction less than seventeen years. This, in connection with all the other advantages derived from their invest ment, would afford to the public creditor's a fair and liberal compensation for the use of their cap ital, and with this they should be satisfied. The lessons of the past admonish the lender that it is no,t well to be oyer anxkms in ex acting from the borrower rigid compliance with the letter of tbe bond;" and whereas such sen timents, if permitted to go to the -world without immediate protest, may be understood to be the sentiments of the people of the United States and their Representatives in Congress: there fore, Resolved, That all forms and degrees of repu diation of national indebtedness are odious to the American people. And that under no cir cumstances will their Representatives consent to offer the public creditor, as full compensation, a lees amount of money than that which' the Gov ernment contracted to pay him. The rules were suspended — yeas 135, nays 29. A division of the question was called, -the first division to include the preamble and the first sentence of the resolution. The previous ques tion was called and seconded, and the main question ordered. A motion to reconsider the vote ordering the main question was tabled, yeas 134, nays 37. The* question, recurring on the first division of the question, a motion to table the preamble was lost — yeas 37, nays 133. Tbe first division of the question — being the preamble and the first sentence of the resolution —was then agreed to, yeas 155, nays 6, not voting 60, as folloyv : Yeas— Messrs. Allison, Ames, Arnell, James M. Ash ley, Axtell, Bailey, Baker, Baldwin, Banks, Barnum, Beaman, Beatty, Benjamin, Benton, Bingham, Blair, Boutwell, Bowen, Boydeh,* Boyer, Broomall, Buckley, Roderick R. Butler, Callis, Gary, Chemler, 'Churchill, Reader W. Clarke.Si.dney Clarke, Coburn, Cook, Corley, ! Covode, Cullom, Dawes, Deweese, Dickey, Dixop, Don- '• nelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas ' D.Eliot, Farnsworth,Ferriss,Fei-ry, Fields, French, Gar- i field, Getz, Glossbrenner, Goss, Gove, Griswold, Haughey Hawkins, Higby, Hooper, Hopkins, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Hunter, In gersoll, Jenekes, Alexander H. Jones, Judd, Julian, kel ley, Kellogg, Kelsey, Ketcham, Kitehen,'Koontz, Lash, George VTLawrence, Wm. Lawrence, Lincoln, Loan Loughridge, Lynch, Mallory, Marvin,MeCarthy,McKee, Mercur, Miller, Moore, Moorhead, Morrell, Morrissey, Mullins, Myers, Newsham, Norris, O'Neill, Orth, Paine Perham, Peters, Pettis, Phelps, Pike, Pile, Plants. Po land, .Polsley, Price, (Prince, Pruyn, Randall, Raum, Robertson, Robinson, .Schenok, .Scofield, Shanks, Sit greaves, Smith, Spalding, Starkweather, Stevens, Stew- 'art, Stokes, Stover, 'Sypher, Taber, Tafie, Tayloir- Thomas, Tift, Trowbridge, Twichell,- Upson, Van Aer, nam, Burt Van Horn, V^.n Wyek, Ward, Cad,walader C. Washburn, Ellihu B. Washburne. Henry D. Wash burn, Wm'. B. Washburn, Welker, Whittemore, Wil: liam Williams, James F. Wilson, John T. Wilson, .Stephen F. Wilson, Windom, Wood, Woodbridge, Wood ward — 155. Nats— Messrs. Adams, Archer, Grover, Thomas L. Jones, Mungen, Lawrence S. Trimble — 6. Not Voting — Messrs. Anderson, Delos R. Ashley, Barnes, Beck, Blackburn, Blaine, Boles, Bromwell, Brooks, Buckland, Burr, Benjamin F. Butler, Cake, Clift, Cobb, Cornell, Delano, Doekery, Dodge, Bid-ridge, .Fox, Golladay, Gravely. Haight, Halsey, Hamilton, 'Harding, Heaton, Hill, Holman, Asahel W. Hubbard, Humphrey, Johnson, Kerr, Knott, Laflin, Logan, Mar shall, Maynard, McCormick, McCullough, Newcomb, Niblack, Nicholson, Nunn, Pierce, Pomeroy, Roots, Ross, Sawyer, Selye, Shellabarger, Stone, John Trimble,. Van Auken, Robert T. Van Horn, Van Trump, Vidal,:1 Thomas Williams, Young— 60. The second division of the question — heihg the remaining portion of the preamble and reso- lujaons— was agreed to without a division. Vote on Minority Representation. In House. 1869, January 19— Pending a bill (H. R. 1824) to preserve the purity of elections in the several Territories, Mr. Phelps moved this as an addi tional section : " That the legislatures of the Territories here inbefore named shall, at their first session after the passage of this act, provide by law for a re apportionment of the members of the several legislatures as nearly equal as may be among council and legislative districts, entitled each to elect three members of council and three repre sentatives ; and that the outlying districts, if any, to which it may be necessary that a less number than three shall bp apportioned, shall be located in the least populous portions of said Territories ; and that at the next legislajiyo ele.cti.ons- thereafter in said Territories^ ev^ry qualified voter shall be entitled to three votes for member of .council, and three votes for mem ber of the house of representatives, with the privi lege of cumulating said votes upon any one or two Of the' candidates for either house respect ively, it being the intent and meaning of thi.8 , act to secure an equitable and just representation to minorities in said Territories in all cases where minority parties exceed in number two- fifths pf the electoral body." Which was disagreed to — yeas 49, nays 116, as follow, (not Voting, 57) : Y*as— Messrs. Anderson, Archer, Axtell, 'BBk.ev.Barnes, Barnum, Beck, Benjamin, Boyden, Boyer, Roderick R. Butler, Chanter, Cook, Deweese, Getz, Glossbrenner, Golladay, Gove, Grover, Hawkins, Heaton, Holman, Hotchkiss, Humphrey, Jenckes, Alexander H- Jones, Thonias L. Jones, Kerr, Knott, Lash, George V. Lau rence, Mallory, Marshall, McCormick, McCullough, Mun- sera, Newsham, Nicholson, Phelps, Ross, Spalding, Stone, Taber, Taffe, Vari Trump, Ellihu B. Washburne, Stephen F. Wilson, Woodward, Young— 49. Nats— Messrs. Allison, James M. Ashley, Bailey, Bald win, Banks, Beaman, Beatty, Benton, Blaine, Blair, Boutwell, Bowen, Broomall, Buckland, Buckley, Callis, Cary, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Corley, Cornell, Covode. Cullom, Dawes, Dickey, Dodge, Eggleston, Ela, Thomas D. Eliot, James T. ,' Elliott, Farnsworth, Ferriss, Fields, French, (Soss, Gravely, Harding, Haughey, Higby, Hill, Hopkins, POLITICAL VOTES. 393 Hunter, Ingersoll, Johnson, Judd, Julian. Kellogg, Kel- jjqy, Kitchen, Koontz, William Lawrence, Lincoln, lioughridge, Marvin, Maynnrd, McCarthy, MoKee, Mefeur, Miller, Moore, Moorhead, ;M,ullins, Myers, Newcomb, Niblack, Norris, O'Neill, :Qrth, Paine, Per ham, Pettis, Pierce, Pike, Pile, Plants, .Poland, Pols ley, Price, Prince, Randall, Raum, Robinson, Roots, .gawyer, Schenck, Scofield, SJianks, Shellabarger, Sit greaves, Smith, Starkweather, Stevens, Stokes, Stover, Thomas, Tift, John Trimble, Lawrence S. Trimble, Up son, Vaft Aernam, Van Auken, ,Burt Van Horn, Vidal, Ward, Henry D. Washburn, William B. Washburn, Welker, Whrttemore, Thomas Williams, William Wil liams, James F. Wilson, John T. Wilson, Windom -116. Removal of Disabilities In Senate. 1868, December 9 — Pending the bill to relieve from disabilities Franklin J. Moses, of South ..Carolina — Mr. Gasrett Davis moved to add the words, " and all other citizens of the State of South Caro lina." Which was disagreed to — yeas 9, nays 44, as follow : YEAS — Messrs. Bayard, Davis, Dixon, Doolittle, Ferry* 'McOreery, Norton, Patterson of Tennessee, Saulsbury — 9. Nats— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ed munds, Fessenden, Fowler, Frelinghuysen, Grimes, ¦fiarlan, ' Harris, Howe, Kellogg, MorgaD, Morrill of Maine, Morrill of Vermont, Nye, Oshorn, Patterson of 'New Hampshire, Pomeroy, Ramsey, Rice, Robertson, Sherman, Spencer, Stewart, .Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson, Yates— 44. [No general disability bill was passed at either the third session of the Fortieth Congress or the first session of the Forty- First.] The Representation of Georgia. In House. 1869, January 28 — Mr. Paine, from the Com mittee on Reconstruction, reported the following preamble and resolution: Whereas it is provided by the reconstruction adt, passed March 2, 1867, that until the people of'the lately rebellious States shall be by law admitted to representation in Congress, any civil government which may exist therein Bhall be Seemed provisional only, and that no persons shall be eligible to office in such provisional gov ernments wbo are disqualified for office by the fourteenth amendment of the Constitution of the United States ; and whereas it is reported that the legislature of Georgia has expelled the col ored members thereof, and admitted to their Beits white men who received minorities of voteB at the polls, and that members of said legislature who had been elected thereto by the votes of colored men joined in such action, and that twenty-seven disqualified white men hold seats in said legislature in violation of the fourteenth amendment of the Constitution and ofthe recon struction acts of Congress ; and whereas Senators from Georgia have not yet been admitted to the Senate of the United States : therefore, Resolved, That the Committee on Reconstruc tion be ordered to inquire and report whether any. and if any, what, further action ought to be taken during the Fortieth Congress respecting the representation of Georgia in this House. Under the operatior of the previous question, the resolution was agreed to — yeas 128, nays 34, not voting 60. The Nats were : Messrs. Archer, Baker, Barnes, Beck, Bayer, Brooks, Burr, Cary, Chanter, Pox, Getz, Golladay, Grover, Haight, Hotchkiss, Humphrey, Thomas L. Jones, Kerr, Knott, Marshall, Niblack, Plidps, Pruyn, Randall, Ross, ,&itgreavei, Spalding, Stone, Taber, Tift, Van Auken, Wood, Woodward, Young — 34. The preamble was then agreed to — yeas 135, nays 34, not voting 53. The Nats were : Messrs. Archer, Barnes, Beck, Boyer, Brooks, Burr, Chanter, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Hotchkiss, Richard D. Hubbard, Hum phrey, Thomas L. Jones, Kerr, Knott, MarsliaU, Niblack, Phelps, Pruyn, Randall, Robinson, Ross, Sitgreaves, Stone, Taber, Tift, Van Auken, Wood, Woodward, Young— 34. The Committee made no report. Counting the Electoral Vote. In Senate. 1869, February 6 — Mr. Edmunds submitted this concurrent resolution : Whereas the question whether the State of Georgia has become and is entitled to repre sentation in the two houses of Congress is how pending and undetermined ; and whereas by the joint resolution of Congress passed July 20, 1868, entitled " A resolution excluding from the electoral college votes of States lately in rebel lion which shall not have been reorganized," it was provided that no electoral votes from any of the States lately in rebellion should be re ceived or counted for President or Vice President of the United States until, among other things, such State should have become entitled to repre sentation in Congress, pursuant to acts of Con gress in that behalf : therefore, Resolved by the Senate, (the House of Repre sentatives concurring.) That on the assembling of the two houses on the second Wednesday of February, 1869, for the counting of the electoral votes for President and Vice President, as pro vided by law and the joint rules, if the counting or omitting to count the electoral votes, if any, which may be presented, a.8 of the State of Geor gia, shall not essentially change the result, in that case they shall be reported by the President of the Senate in the following manner : "Were the vote3 presented as of the State of Georgia to be counted, the result would be for , for President of the United States, votes; if not counted, for , for President of the United States, — ¦ — votes ; but in either case is elected President of the United States ; and in the same manner for Vice Presi dent. February 8 — It was adopted — yeas 34, naya 11, as follow : Yeas— Messrs. Abbott, Anthony, Cameron, Cattell, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, Howard, McDonald, MOrgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Pool, Ram sey, Rine, Robertson, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Warner, Welch, Willey, Williams, Wilson, Yates— 34. Nats— Messrs. Buckalew, Davis, Fowler, Hendricks, McCreery, Norton, Patterson of Tennessee, Saulsbury, Trumbull, Vickers, Whyte— 11. In House. February 8 — The rules were suspended — yeas 97, nays 18, not voting 107 — so as to enable the House to take up this resolution. The vote was as follows- 394 POLITICAL MANUAL. Yeas— Messrs. Allison, Ames, Banks, Beaman, Beatty, Benjamin, Benton, Blaine, Blair, Boles, Bowen, Broom all, Buckland, Benjamin F. Butler, Roderick R. Butler, Churchill, Clift, Cobb, Coburn, Corley, Cullom, Dawes, Delano, Deweese, Dickey, Dixon, Dodge, Eckley, Ela, Ferriss, Ferry, Garfield, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Jenckes, Julian, Kelley, Kellogg, Kelsey, Koontz, Laflin, William Lawrence, Loan, . Logan, Loughridge, Marvin, Maynard, McCarthy, McKee, Miller, Moore, Moorhead, Mullins, Norris, Paine, Per ham, Peters, Pierce, Pile, Plants, Price, Prince, Raum, Roots, Sawyer.Sohenek, Scofield, Shanks, Shellabarger, Starkweather.Stevens, Stewart, Stokes, Stover, Sypner. Taylor, Thomas, Trowbridge, Twichell, Upson, Robert T. Van Horn, Vidal, Henry D. Washburn, William B. Washburn, Welker, Whittemore, William Williams, James F. Wilson, John T. Wilson, Windom— 97. Nats — Messrs. Baker, Boyden, Boyer, Farnsworth, Getz, Holman, Hotchkiss, Johnson, Thomas L. Jones, Niblack, Phelps, Randall, Ross, Taber, Van Auken, Van Trump, Woodward, Young— li. The resolution was then taken up, and con curred in. PROCEEDINGS UNDER THIS RESOLUTION. On Wednesday, February 10, the two houses met in the Hall of the House for the purpose of opening and counting the votes for President and Vice President. The President of the Senate then proceeded to open the certificates of the electors of the several States, authorized to be represented in the elec toral college,* for President and Vice President. Upon the certificate of the electors of Louisiana being read — Mr. -Mullins objected to the counting of the vote of Louisiana, upon the ground that no valid election of electors had been held in said State. The Senate withdrew, and voted That the votes of the electors of the' State of Louisiana be counted: — yeas 51, nays 7, as fol low: Yeao— Messrs. Abbott, Anthony, Buckalew, Cameron, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Drake, Edmunds," Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hen dricks, Howe, Kellogg, McOreery, McDonald, Morgan, Morrill of Vermont, Osborn, Patterson of New Hamp shire, Patterson of Tennessee, Pool, Ramsey, Rice, Ross, Saulsbury, Sawyer, Sherman, Spencer, Sprague, Stewart, Tipton, Trumbull, Van Winkle, Vickers, Warner, Whyte, Willey, Williams, Yates-^51. Nats — Messrs. Chandler, Howard, Nye, Robertson, Sumner, Thayer, Wilson — 7. The House voted to count the vote of Louisi ana—yeas 137, nays 63, not voting 22, as follow: Yeas — Messrs. Allison, Ames, Axtell, Baker, Barnes, Barnum, Beaman,' Beatty, Beck, Benjamin, Bingham, Blaine, Blair, Eoxaen, Boyer, Bromwell, Brooks, Broom all, Buckland, Burr, Roderick R. Butler, Cary, Chanter, Churchill, Coburn, Cullom, Delano, Deweese, Dickey, Dixon, Doekery, Dodge, Eggleston, Eldridge, Farns worth, Ferriss, Ferry, Garfield, Getz, Glossbrenner, Gol laday, Gove, Gravely, Grover, Haight, Halsey, Hawkins, Heaton, Higby, Hill, Holman, Hooper, Hopkins, Hotch kiss, Asahel w. Hubbard, Humphrey, Ingersoll, Jenckes, . Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Kelley, Kellogg, Kerr, Ketcham, Kitchen, Knott, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Logan, Loughridge, Mallory, Mar shall, Marvin, McCarthy, McCormick, McCullough, Miller, Moore, Moorhead, Mungen, Neweomb, Niblack, Nichol son, Norris, Nunn, Peters, 'Phelps, Pike, Pile, Plants, Poland, Polsley, Price, Pruyn, Randall, Raum, Robert son, Ross, Sawyer, Schenck, Scofield, Selye, Shellabar- fer, Sitgreaves, Smith, Spalding, Starkweather, Stewart, tokes. Stone, Taber, Taffe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Twichell, Van Auken, Burt Van Horn, Van Trump, Ellihu ' B. Washburne, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Windom, Wood, Woodbridge, Woodward, Young— 137. Natb— Messrs. Delos R. Ashley, James M. Ashley, * For law governing this point, see Political Manual for 1868, p. 119, or Hand Book of Politics for 1868, p. 397. Banks, Benton, Blackburn, Boles, Boutwell, BWen, Buckley, Benjamin F. Butler, Cake, Callis, Reader "W. Clarke, Sidney Clarke, Clift, Cobb, Corley, Covode, Ewes, Donnelly, Driggs, Eckley, Edwards, Ela, Thomas D. Eliot, James T. Elliott, Fields, French, Hamilton, Harding, JJaughey, Chester D. Hubbard, Hulburd, Hunter, Julian, Kelsey, Loan, Maynard, M> . Kee, Morrell, Mullins, Newsham, O'Neill, Orth, Pame, Perham, Pettis, Pierce, Prince, Roots, Shanks, Stevens, Stover, Upson, Van Aernam, R. T. Van Horn, Van Wyok, Yidal, Ward, Henry D. Washburn, Whjttemore, Thomas Williams, William Williams— 03. The Senate returned, and the vote of Lou isiana was then counted. The certificates of all the States except Georgia having been read, and that of Georgia having been read, Mr. Benjamin F. Butler submitted the follow ing objection to counting the vote of Georgia: First. I object, under the joint rule, that the vote of the State of Georgia for President and Vice President ought not to be counted,, and object to the counting thereof because, among other things, the vote of the electors in the elec toral college was not given on the first Wednes day of December, as required by law, and no excuse or justification for the omission of such legal duty is set forth in the certificate of the action of the electors. Second. Because, at the date of the election of said electors, the State of Georgia had not been admitted to representation as a State in Congress since the rebellion of her people, or become entitled thereto. Third. That at said date said State of Georgia had not fulfilled, in due form, all the require ments of the Constitution and laws of the United States known as the " reconstruction acts," so as to entitle said State of Georgia to be represented as a State in the Union in the electoral vote of the several States in the choice of President and Vice-President. Fourth. That the election pretended to have been held in the State of Georgia, on the first Tuesday of November last past, was not a free, just, equal, and fair election, but the people of the State were deprived of their just rights therein by force and fraud. The Senate withdrew ; and voted That, under the special order ofthe two Houses respecting tbe electoral votes from the State of Georgia, the objections made to the counting of the electors for the State of Georgia are not in order — yeas 31, nays 26, as follow : Yeas— Messrs. Abbott, Anthony, Buckalew, Cattell, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Ed munds, Fowler, Frelinghuysen, Grimes, Hendricks, Kellogg, McOreery, Mori-ill of Maine, Morrill of Ver mont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbury, Sawyer, Sherman, Sprague, Stewart, Tipton, Vickers, Whyte, Williams— 31. Nats— Messrs, Cameron, Chandler, Cole, Conkling, Drake, Ferry, Fessenden, Harlan, Harris, Howe, Mc Donald, Morgan, Nye, Pool, Ramsey, Riee, Robertson, Spencer, Sumner, Thayer, Trumbull, Van Winkle, Wade, Warner, Willey, Yates— 26. Mr. Howard offered this resolution : Resolved, That the electoral vote of Georgia ought not to be counted. Which, being entertained as in order, was disagreed ,to — yeas 25, nays 34, as follow : Yeas— Messrs. Abbott, Cameron, Chandler, Cole, Conkling, Drake, Harlan, Harris, Howard, Howe, Kel logg, McDonald, Nye, Osborn, Ramsey, Rice, Robert son, Sawyer, Spencer, Stewart, Sumner, Thayer, Wade, Wilson, Yates— 25. Nats— Buckalew, Conness, Corbett, Cragin, Doris, POLITICAL VOTES. 395 Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Hendricks, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Pat- ter»on of New Hampshire, Patterson of Tennessee, Pool, Ross, Saulsbury, Sherman, Sprague, Tipton, Trumbull, Van Winkle, Vickers, Warner, Whyte, Willey, Williams— 34. The House voted on the question, Shall the vote of Georgia be counted ? Yeas 41, nays 150, (not votiug 31,) as follow : Yias— Messrs Axtell, Baker, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanter, Eldridge, Farns- fforth, Getz, Glossbrenner, Golladay, Grover, Hawht, Hawkins, Holman, Hotchkiss, Humphrey, Johnson, T. L. Jones, Kerr, Knott, Marshall, McCormick, Mungen, Nichol son, Phelps, Pruyn, Randall, Ross, Sitgreaves, Taber, Tift, Ton Auken, Van Trump, Wood, Woodward, Young — 41. Nays— Messrs. Allison, D. R. Ashley, J. M. Ashley, Bald win, Banks, Beaman, Beatty, Benjamin, Benton, Bing ham, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Bromwell, Broomall, Buckland, Buckley, Benj. F.But ler, Roderick R. Butler, Cake, Callis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Corley, .'Covode, Cullom, Dawes, Deweese, Dickey, Dixon, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Ferrissjerry, Fields, French, Garfield, Goss, GoVe, Gravely, Halsey, 'Hamilton, Harding, Haughey,. Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hun ter, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William lawrence, Lincoln, Loan, Logan, Loughridge, Mallory, Marvin, Maynard, McCarthy, McKee, Miller, Moore, Moorhead, Morrell, Mullkis, Newcomb, Newsham, Nor ris, O'Neill, Orth, Paine, Perham, Peters", Pettis, Pierce, Pike, Pile, Plants, Poland, Polsley, Price, Prince, Raum, Robertson. Roots, Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger, Starkweather, Stevens, Stewart, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyek, Vidal, Ward, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom— 150. The Senate returned, and the vote of Georgia was counted in the manner provided by tlie concurrent resolution, and Ulysses S. Grant was declared duly elected President, and Schuyler Colfax Vice-President of the United States for four years, commencing on the 4th day of March, 1869. For the Further Security of Equal Bights in the District of Columbia. 1869, February 11 — The Senate passed the following bill without division : Fortieth Congress, Third Session. -Be it enacted, &c, That the word "white," wherever it occurs in the laws relating to the District of Columbia, or in. the charter, or ordi nances of the cities of Washington or George town, and operates as a limitation on the right of any elector of such District, or of either of the cities, to hold any office, or to be selected ahd to serve as a juror, he, and the same is hereby, repealed ; and it shall be unlawful for any per son or officer to enforce or attempt to enforce said limitation after the passage of this act. In House. March 2— It passed, without a call of the yeas and nays. l March 3 — It was presented to the President (Johnson), and " pocketed." ; Forty- First Congress, First Session. March 8— The Senate passed the same bill, Without a division. March 1G — The House passed it — yeas 111, uays 46, (not voting 39,) as follow : Yeas— Messrs. Amblor, Armstrong, Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blair, Boles, Boyd, Buffinton, Burdett, Ben jamin F Butler, Roderick R. Butler, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Conger, Ciillorh, Davis. Dawes, Deweese, Dookery, Donley, Duval, Dyer, Ela, Ferriss, Ferry, Finkelnburg. Fisher, Fitch, Gar field, Gilfillan, Hale, Heaton, Hoar, Hooper, Hopkins, Hotchkiss, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Ketcham. Knapp, Laflin, Lash, Lawrence, Loughridge, Maynard. McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore.William Moore, Morrell , Morrill, Negley, O'NeiH; Orth, Packard, Paine, Palmer, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenek, Scofield, Shanks, John A. Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Townsend, Twich ell. Tyner, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams, Winans— 111. Nats— Messrs. Archer, Axtell, Beck, Biggs, Bird, Brooks, Burr, Calkin, Crebs, Dickinson, Eldridge, Getz, Golladay, Haight^Haldeman, Hamill, Holman, Johnson, Thomas L. Jones, Knott, Marshall, Maj/ham, McCormick, McNcely, Moffet, Morgan, Mungen, Niblack, Potter, Reading, Reeves, Rice, Slocum, Joseph S. Smith, Stone, Strader, Swann, Sweeney, Trimble, Van Auken, Van Trump, WeUs, Eugene M, Wilson, Winchester, Witcher, Wood — 46. The bill was approved by President Grant, March 18, 1869. BILL TO STRENGTHEN THE PUBLIC CREDIT. Fortieth Congress. In House. 1869, February 24— ThiB bill passed : An Aot to strengthen the public credit, and re lating to contracts for the payment of coin. Be it enacted, &c, That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the interest-bearing obligations of the United StateF, except in cases where the law authorizing the issue of any such obligation has expressly pro vided that the same may be paid in lawful money or other currency than gold and silver: Provided, however, That before any of said in terest-bearing obligations not already due shall mature, or be paid before maturity, the obliga tions not bearing interest, known . aB United States notes, shall be made convertible into coin at the option of the holder. . Seo. 2. That any contract hereafter made spe cifically payable in coin, and the consideration of which may be a loan of coin, or a sale of pro perty, or the rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the ciin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced accord ing to its terms ; and on the trial of a suit brought for the enforcement of any such con tract, proof of tbe real consideration may ba given. Yeas 121, nays 60, (not voting 41,) as follow: Yeas— Messrs. Allison, Ames, Anderson, Arnell, Deloi R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, 396 POLITICAL MANUAL. £ormi«re,Beaman,Benjamin,Benton,Blaekburn, Blaine, Blair, Boyden, Boyer, Brooks, Broomall, Buckley, Callis, Chanler, Churchill, Reader W. Clarke, Sidney Clarke, 'Clift, Corley, Cornell, Cullom. Dawes, Delano, Dixon, Dodgfe, Driggs, Eckley, Thomas D. Eliut, James T. El liott, Ferriss, FeTry, Fields, Garfield, Getz, Glossbrenner, Gove, Griswold, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrenoe, Lynch, Marvin, May nard, McKee, Mercur, Miller, Moore, Moorhead, Mor rell, Mullins, Myers, Newcomb, Newsham, Norris, .O'Neill, Paine, Perham, Peters, Pettis, Phelps, Plants, Poland, Pomeroy, Price, Raum, Robertson, Robinson, -Roots, Sawyer, Schenck, Scofield, ShellabaTger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Trowbridge, Twichell, Upson, Van Aernam, Brat Van Horn, Robert T. Van Horn, Ward, Cadwalader C. Wash burn, William B. Washburn, Welker, Whittemore, Thomas Williams, James F. Wilson, Windom— 121. Nats— Messrs. Archer, Baker, Beatty, Beck, Bowen, Bromwell, Burr, Benjamin F. Butler, Roderick R. Butr ler, Cake, Cobb, Coburn, Cook, Covode, Deweese, Don nelly, Eggleston, Ela, .EMriA/e,Farnsworth,.Fb:c, French, Golladay, Goss, Grover, Haight, Hawkins, Holman, Hop kins, Humphrey, Hunter, Ingersoll, Johnson, Thomas L. ¦Jones, Kelley, Kerr, Knott, William Uawrence, Lough ridge, Marshall, McCormick, Mungen, Niblack, Nunn, •Orth, Pike, Ross, Shanks, Stevens, Stokes, Stone, Taffe, Thomas, Tift, Van Trump, Henry D. Washburn, William Williams, -John T. Wilson, Wood, Young— 60. Pending the passage, Mr. Niblack moved to strike out the first sec- j iSon, which was lost — yoas 54, nays 130, '(not voting 38,) as follow : Yeas — Messrs. Archer, Baker, Barnes, Beatty, Beck, i Bowen, Burr, Roderick K. Butler, Cobb, Coburn, De- 1 weese, Donnelly, Eggleston, Ela, Eldridge, Farnsworth, ' Fox, Getz, Golladay, Goss, Gravely, Grover, Haight, ' -Hawkins, Holman, Hopkins, Humphrey, Hunter, 'Ingefr- ; soil, Johnson, Thomas L. Jones, Kerr, Knott, Loan, Mar- \ shall, McCormick, Mungen, Niblack, Orth, Pike, , Pruyn, J Ross, Shanks, Stevens, Stokes, Stone, Taffe, Tift, van '¦ A-uken, Van Trump, Henry D. Washburn, John T. Wil- i «on, Wood, Young— 54. Nats — Messrs. Allison, Ames, Anderson, Arnell, Delos '-. R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Barnum, Beaman, Benjamin, Benton, Bingham, Black- ' turn, Blaine, Blair, Boutwell, Boyden, Boyer, Bromwell, Brooks, Broomall, Buckley, Cake, Chanler, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Covode, Cullom, Delano, Diekey, Dixon, Doekery, Dodge, Driggs, Eckley, Thomas D. Eliot, Janes T-. Elliott Ferriss, Ferry, Fields, Glossbrenner, Gove, Gris wold, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hotchkiss, Chester D. Hnbbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William Lawrenee, Logan, Lyneh, Mallory, Marvin, Maynard, McKee, Mer cur, Miller, Moore, Moorhead, Mullins, Myers, News ham, Norris, O'Neill, Paine, Perham, Peters, Pettis, Phelps, Pierce, Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Thomas, Trimble, Trow bridge, Twichell, Upson, Van Aernam, Burt Van Horn, Ward, Cadwalader C.Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Wil liams, James F. Wilson, Windom— ISO. Mr. Allison moved to strikeout the seeond sec tion, wbich was lost — yeas 72, nays 100, (not vot ing 50,) as follow : Yeas— Messrs. Allison, Baker, Beatty, Beck, Benton, Bowen, Bromwell, Benjamin F. Butler, Cake, Clift, Cobb, Coburn, Cook, Cornell , Cullom, Deweese, Dickey, Donnelly, Eckley, Ela, Eldridge, Farnsworth, Ferriss, Ferry, Fox, Golladay, Goss, Gravely, Hawkins, Holman, Hooper, Hopkins, Hunter, Ingersoll, Kelley, Kelsey, Knott, Koontz, William Lawrence, Loan, Loughridge, Lynch, Maynard, Miller, Moore, Morrell, Mullins, Mungen, Myers, Niblack, Nunn, O'Neill, Orth, Peters, Robertson, Ross, Sawyer, Shanks, Shellabarger, Smith, Stevens, Stokes, Taffe, Thomas, Tift, Upson, Van Trump, Henry D. Washburn, Thomas Williams, Wil liam Williams, John T. Wilson, Young— 72. Nats— Messrs. Ames. Anderson, A roller, Arnell, Delos R. Ashley, James M.Ashley, Axtell, Jlaldwin, Banks Barnes, Barnum, Beaman, Benjamin, Blackburn, Blair, Boyden, Boyer, Brooks, Broomall, Buakloy, Roder ick R. Butler, Callis, Chanler, Churchill, Reader W. Clarke, Corley, Covode, Dawes, Delano, Dixon, Dodge, Driggs, Edwards, Thomas D. Eliot, James T. Elliott, Fields, Getz, Glossbrenner, Gove, Griswold; ^GroveY, Haight, .Halsey, Harding, Heaton, Botchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, John son, Alexander H. JoDes, Thomas L. Jones, Judd, Julian, Kerr, Ketcham, Kitchen, Laflin, Lash, George V. Law rence, Mallory, Marvin, McCormick, McKee, Mercur, Moorhead, Newsham, Norris, Paine, Perham, Piejips, Pierce, Pike, Plants, Poland, Pomeroy, Price, Pruyn, Raum, Schenck, Scofield, Spalding, Starkweather, Stewart, Stone, Stover, Taber, Taylor, Trowbridge, Twichell, Van Aernam, Van Auken, Burt Van Horn, Hamilton, Ward, William B. Washburn, Welker, Whittemore, James F. Wilson, Wood— 100. In Senate. February 26 — The bill was reported back from the Committee on Finance, amended bo as to read as follows : An Aot relating to the public debt. Be it enacted, &c. That in order to remove any doubt as to th'e purpose of the Government to discbarge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations bave teen contracted, it is here by provided and declared, that the faith of the United States is solemnly pledged to the pay ment in coin, or its equivalent, of all the obli- gaions of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other curreucy than gold and silver. Sec. 2. That any contract hereafter made specifically payable in coin, and the considera tion of which may be a loan of coin, or a sale of propiBrty, or tbe rendering of labor or ser vice of any kind, the price of which, as carried into tbe oontract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms. February 27 — Mr. Henderson moved to amend the first clause of the second section by making it read as follow : That any contract hereafter made specifically payable in coin shall be legal and valid, and may be enforced according to its terms. Which was not agreed to — yeas 10, nays 35, as follow : Yeas— Messrs. Cole, Conkling, Corbett, Dwon, Fes senden, Henderson, Pomeroy, Ross, Stewart, Truth- bull— 10. Nats— Messrs. Abbott, Anthony, Cameron, Cattelf, Chandler, Conness, Cragin, Davis, Doolittle, Drake, Ed munds, Ferry, Frelinghuysen, Harlan, Howe, Kellogg, McOreery, McDonald, Morgan, Morrill of Vermont Morton, Nye, Osborn, Patterson of New Hampshire, Ramsey, Rice, Sawyer, Sherman, Sumner, Thayer, Wade, Welch, Willey, Williams, Wilson— 35. Mr. Bayard moved to Btrike out the second section, which was not agreed to — yeas 7, nays 36, as follow : Yeas— Messrs. Chandler, Cole, Davis, Doolittle, Fow ler, Howe, Wade — 7. Navs— Messrs. Abbott, Anthony, Cameron, Cattell,. Conkling, Conness, Corbett, Cragin, Dixon, Drake, Ed' munds, Ferry, Fessenden, Frelinghuysen, Harlan, Kellogg, McCreery, McDonald, Morgan, Morrill of Ver-, rnont, Morton, Nye, Osborn, Patterson of New Hamp shire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Trumbull, Welch, Willey, Williams, Wilson— 36. POLITICAL VOTES. 397 Mr. Henderson moved to amend the first sec tion bo as to make it read as. follows :. That it is hereby provided and' declared that ihe-faith of the United States- is.aolemnl.y-) pledged to an early resumption of specie payment by the Government in otder that, conflicting questions touching the mode of discharging the public in debtedness may, be. settled and r that the same may be paid in gold. Which was not agreed to — yeas 8, nays 34-, as follow : Yeas— Messrs. Cole, Davis, Henderson, Morton, Pom- Cragin, huysen, Grime's, Harlan,' HarrfsJ Howard, McDonalu, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of New Hampshire; Sawyen Sher man, Stewart, Sumner, Thayeri Tipton, Wade, Warner; Welch, Willey, Williams, Wilson— 34. The bill, as amended by the report of. the Com mittee on Finance, was; then, passed!— yeas 3.0, nays 16, as follow : Yeas— Messrs. Abbott, Cattell, Conkling, Gonness, Corbett, Cragin, Dixon, Edmunds,. Ferry; Fessenden, Frelinghuysen. Grimes, Harlan, Harris, Howard, Mor gan, Morrill Of Maine; Morrill of Vermont, Nye, Patter- 80n of New Hampshire, Robertson, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson— 30. N^ts— Messrs. Cole, Davis, Doolittle, Fowler, Hender son. Bendr icks, McCreery, McDonald, Morton, Osborn, Patterson of Tennessee, Pomeroy, Ross, Spencer, Wade, Welch— 16. The title was amended so as to. read; " An act i^ relation. to the.public.deht." March 2— -The House non-concurred in the amendments of the Senate, and a committee of conference. (Messrs^, Schenck, Allison, and Nib lack) appointed.. Same day — The Senate insisted on itsamend- meats, and appointed Messrs.- Sherman, Williams, aad Morton a conference committee. March 3 — The committee reported thefollow- ing bill: An Act to strengthen the public credit, and re lating to contracts for the payment of coin. Be it enacted, &c, That in order to remove any doubt as to.the purpose of the Government todjscharge ajl just, obligations to the public. creditors, and to settle conflicting questions and interpretations of the laws by virtue of. which such obligations have been contracted, it is, hereby provided and. declared, that the faith of the United States is solemnly pledged to the payment in coin, or- its equivalent, of all the obligations of the United States not bearing interest, known as United States, notes, and of all the interest-bearing obligations^of the United ttmtes, except in cases where the law authorizing the issue of any. such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver. But none of said interest-bearing obligations. not already due shall be redeemed or paid before maturity, unless at such time United States notes ehall be convertiblejnto coin at the option of the holder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed. can be sold at par in coin. And the United States also solemnly pledges its faithjo make provision at the. earliest practica ble period for the redemption of the United States notes in coin. Seo. ,2. That any contract hereafter madespe.- cjfically payable in- coin, and, the consideration of which may be a loan of coin, or a sale of property,, ,or- the rendering of labor or service of any kind, the price of which, as carried into the contract; may have been adjusted on the basis of the, coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its, terms; and on the trial of a suit brought for the enforcement of any such contract, proof of the real consideration may be given. Same day — The Senate agreed to the report — yeas 31, nays 24, asfollow : Yeas— Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Ramsey, Stierman,_Stewart, Sumner, Trumbull, Van Winkle, Nats — Messrs. Bayard, Buckalew, Gole, Davis, Doolittle, Fowler, Hendricks, Kellogg, McOreery, McDonald, Mor ton, Norton, Osborn, Patterson of Tennessee, Robert son, Ross, Sawyer, Spencer, Sprague, Thayer, Tipton, Vickers, Wade, Whyter-IA. Same day— Tbe House adopted the report — yeas. 117, nays 59, (not voting 48,) as follow: Yeas— Messrs. Allison, Ames, Arnell, Delos R. Ash ley, James M. Ashley, Axtell, Bailey, Barnes, Barnum, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell, Bowen, Boyden, Brooks, Broomall, Buckley, Cake, Callis, Chanler, Churchill, Reader W: Clarke, Sidney. Clarke, Clift, Corley, Cornell, Cullom, Dawes, Dickey, Dixon, Dodge, Eckley, Thomas D. Eliot James T. Elliott, Ferriss, Ferry, Fields, Garfield, Gove, Gris- w«ld, Halsey, Haughey, Heaton, Higby, Hill, Hooper, Hotchkiss, Richard D. Hubbard, Hulburd, Jenckes, Alexander H Jones, Judd, Julian, Kellogg, Kelsey, Ketcham; Laflin, Lash, George V. Lawrence, Lincoln, Logan, Lynch, Mallory, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris, O'Neill, Paine, Per ham, Peters, PJvelps, Pile, Plants, Poland, Price, Prince, Raum, Robertson, Robinson, Roots, Sawyer, Schenck^ Scofield, Shellabarger, Smith, Starkweather, Stevens, Stewart, Stover, Sypher, Taber, Taylor* Trowbridge, Twichell; Upson, Bart. Van, Horn, Van Wyek, Ward, Cadwalader C. Washburn. William B. Washburn, Wel ker, Whittemore, James F. Wilson, Woodbridge— 117. NiTS-H-Messrs.- Adams, Archer, Baker, Beatty, Beck, Boyer, Bromwell, Burr, Benjamin F. Butler, Roderick R. Butler, Cary, Cobb, Coburn, Cook, Deweese, Dock- ery, Donnelly,' Eggleston, Eldridge, Farnsworth, Getz, Golladay, Gossy Haayht] Harding; Hawkins, Holman, Hopkins, Hunter, Ingersoll, Johnson, Thomas L. Jones, Kerr, Knott, William Lawrence, Marshall, McCormick, McOuUOunh, Mungen, Niblack, Orth, Pruyn, Randall, Ross, Shank s, Sitgreaves,} Stone, Thomas, Tift, Trimble, Van Aernam, Van Auken, Van Trump, Henry D. Washburn, William Williams, Stephen F. Wilson, Wood, Woodward, Young— 69. The President (Johnson) " pocketed " the bill. [For other votes on this subject in first session, Forty-First Congress, see a subsequent chapter.] TEITTJBE-OF-OFFICE ACT. Fortieth Congress, Third Session. In House. , 1869, January 11— A bill to repeal an act regulating the tenure of certain civil offices, passed March 2, 1867* was introduced by Mr. H.vD. Washburn, and read a first and second time. The previous question on the engrossment of the * FOr copy of the act, and votes on passage, see Po litical Manual for 1867, pp.50, 51; and Hand Book of Polities, pp, 176, 177. 398 POLITICAL MANUAL. bill was ordered — yeas 116, nays 47; and the bill was ordered engrossed, and was read a third time. It was then passed — yeas 121, nays 47, not voting 53, as follow : Yeas— Messrs. Allison, Anderson, Axtell, Bailey, Bald win, Banks, Barnum, Beaman, Beck, Bingham, Blaine, Blair, Boutwell, Bowen, Boyden, Buckley, Burr, Benj jamin F. Butler, Roderick R. Butler, Callis, Cary, Chan- (er, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Cornell, Cullom, Dawes, Deweese, Dixon, Driggs, Eckley, Eldridge, Thomas D. Eliot, Fields, Fox, Getz, Glossbrenner, Golladay, Goss, Gove, Griswold, Grover, Haight, Halsey, Haughey, Heaton, Hooper, Hopkins, Hotchkiss, Humphrey, Hunter. Ingersoll, John- eon, Alexander H. Jones, Thomas L. Jones, Judd, Julian, Kelley, Kellogg, Kerr, Ketcham, Knott, Lash, George V. Lawrence, Tiincoln, Loughridge, Mallory, Marvin, McCormick, McCullough, Miller, Mungen, New comb, Niblack, Nicholson, Norris, O'Neill, Paine, Peters, Pettis, Phelps, Plants, Price, Prince, Robertson, Robin son, Roots, Sawyer, Scofield, Sitgreaves, Spalding, Stark weather, Stevens, Stewart, Stone, Stover, Sypher, Taber, Thomas, Tift, Trimble, Trowbridge, Twichell, Van Auken, Van Trump, Vidal, Ellihu B. Washburne, Henry D. Washburn, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Wood- bridge, Woodward, Young — 121. Nats — Messrs. Ames, Arnell, Delos R. Ashley, Baker, Beatty, Benjamin, Benton, Boles, Bromwell, Buckland, Churchill, Delano, Ela, Farnsworth, Ferriss, French, Garfield, Harding, Higby, Jenckes, Kelsey, Kitchen, Laflin, Maynard, McCarthy, McKee, Mercur, Moore, Moorr ead, Morrell, Mullins, Newsham, Perham, Pike, Poland, Polsley, Pomeroy, Schenck, Shanks, Shella barger, Stokes, Taffe, John Trimble, Upson, Ward, Welker, Whittemore — 47. Not Voting— Messrs. Adams, Archer, James M. Ashley, Barnes, Blackburn, Boyer, Brooks, Broomall, Cake, Co vode, Dickey, Dockery, Dodge, Donnelly, Edwards, Eggleston, Ferry, Gravely, Hamilton, Hawkins, Hill, Holman, Asahel W. Hubbard, Chester D. Hubbard, Richard D. Hubbardi Hulburd, Koontz, William Law rence, Loan, Logan, Lynch, Marshall, Morrissey, Myers, Nunn, Orth, Pierce, Pile, Pruyn, Randall, Raum, Ross, Selye, Smith, Taylor, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyek, Cadwalader C. Wash burn, William B. Washburn, Thomas Williams, Wood— OS. In Senate. No direct vote was reached on the above bill In the Senate. And pending the legislative ap propriation bill — March 2 — Mr. Morton moved as an additional section the House repealing bill. Mr. Sumner offered the following substitute for that amendment : That the first section of the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, is hereby amended so as to read as follows : " That every person holding any -civil office to which he has been appointed by and with tHe advice and consent ofthe Sen- ate^and every person who shall hereafter be ap pointed to any such office and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly quali fied, except as herein otherwise provided. " Seo. — . That the second section of such act is hereby amended so as to read as follows: That it shall be lawful for the President, whenever, during a recess of the Senate, in his opinion the public good shall require it, to suspend any officer appointed as aforesaid, excepting judges of the United States courts, and to designate some suit able person to perform temporarily the duties of such office until the next meeting of the Senate, and until the matter shall be acted upon by the Senate ; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed to fill such office ; and in case of such suspension, it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspen sion, with the name of the person so designated to perform the duties of such office ; and if the Senate sball concur in such suspension, and ad vise and consent to the removal of such officer1, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another person to such office ; but if the Senate shall refuse to concur in such susp«nsion the officer so suspended shall forthwith resume the functions of his office, and the powers of the per son so performing its duties in his stead shall cease; and the official salary and emoluments of such officer shall during such suspension belong to the person so performing the duties thereof and not to the officer so suspended: Provided^ however, that the President may, in his discre tion, before reporting such suspension to the Senate aB above provided, revoke the same, and reinstate such officer in the performance of the, duties of his office. " Seo. — . That no person Bhall hold nor shall he receive salary or compensation for performing, the duties of more than one office or place' of trust or profit under the Constitution or laws of the United States at the same time, whether such office or place be civil, military, or naval ; and any person holding any such office or place who shall accept or hold any other office or place of trust or profit under the Constitution or laws of the United States shall be deemed to have va cated the office or place which he held at the time of such acceptance. "Seo. — . That nothing in the foregoingsection shall be construed to prevent such designations or appointments of officers to perform tempo rarily the duties of other officers as are or may be authorized by law, nor to prevent such ap pointments or designations to office or duty as are required by law to be made from the army or navy. "Seo. — . That the penalties provided in the act to which this is an amendment shall apply to violations of this act. Which was not agreed to — yeas 17, nays 32, as follow : Yeas— Messrs, Chandler, Conkling, Cragin, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ramsey, Saw yer, Sprague, Sumner, Welch, Willey, Williams— 17. Nats— Messrs. Abbott, Cameron, Cattell, Cole, Con ness, Corbett, Dixon, Drake, Ferry, Frelinghuysen, Grimes, Henderson, McDonald, Morgan, Morton, Nye, Osborn, Pomeroy, Pool, Robertson, Ross, Sherman, Spencer, Thayer, Tipton, Trumbull, Van Winkle, Vick ers, Wade, Warner, Whyte, Wilson — 32. The amendment offered by Mr. Morton was then disagreed to — yeas 22, nays 26, as follow: Yeas— Messrs. Cole, Conness, Dixon, Drake, Grimes, Henderson, Kellogg, MoDonald, Morgan, Morton, Os born, Pomeroy, Pool, Ramsey, Robertson, Rosa, Sher man, Thayer, Van Winkle, Vickers, Warner, WbyW-ffl. Nats — Messrs. AbbotfcAnthony, Cameron, Chandler, Corbett, Cragin, Ferry, Frelinghuysen, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire-Sawy er, Spencer, Sprague, Sumner, Tipton, Trumbull, Wade, Welch, Willey, Wil liams, Wilson— 26. [For further votes on this subject, see a snb Bequent chapter.] XL. XVTH CONSTITUTIONAL AMENDMENT. A besolt/tion proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Repre sentatives of the United States of America in Con gress assembled, (two-thirds of both houses con curring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely : ARTICLE XV. Seo. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Seo. 2. The Congress shall have power to en force this article by appropriate legislation. Schuyleb Colfax, Speaker of the House of Representatives. B. F. Wade, President of the' Senate pro tempore. Attest: Edwd. McPhebson, Clerk of House of Representatives. Geo. C. Gobham, Secretary of Senate United States. The Final Vote In Senate. 1869, February 26— The report of the com mittee of conference, recommending the passage of the amendment as printed above was agreed to— yeas 39, nays 13, as follow : ,,Yeas— Messrs. Anthony, Cattell, Chandler, Cole, Conk ling, Conness, Cragin, Drake, Ferry, Fessenden, Fre linghuysen, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Ver mont, Mpitaa, Nye, Osborn, Patterson of New Hamp shire, Ramsey, Rice. Robertson, Sherman, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson— 39. Nats— Messrs. Bayard, Buckalew, Davis, Dixon, Doo- mle, Fowler, Hendricks, McCreery, Norton, Patterson of Tennessee, Pool, Vickers, Whyte— -13. February 25— The House concurred— yeas 144, nays 44, (not voting 35,) as follow : Teas— Messrs: Allison, Ames, Anderson, Arnell, De los R. Ashley, James M. Ashley, Bailey, Baker, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen, Boyden, Bromwell, Broomall, Buckley, Benjamin F. Butler, Roderick R. Butler, Cal lis, Churchill, Reader W. Clarke, Sidney Clarke, Clift; tobb, Coburn, Cook, Corley, Cornell, Covode, Cullom, Dawes, Dickey, Dodge, Donnelly, Driggs, Eckley, Eg- gleston/Ela, Thomas D. Eliot, James T. Elliott, Farns worth, Ferriss, Ferry, Fields, French, Garfield, Goss, fBove, Gravely, Griswold, Hamilton, Harding, Haughey, eaton, Higby, Hill, Hooper, Hopkins, Chester D. ubbard, Hulburd, Hunter, Ingersoll, Jenckes, Alex- rader H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, netCnam, Kitchen, Koontz, Laflin, Lash, William Law rence, Logan, Lynch, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pettis, Pike, Plants, Poland, Pomeroy, Price, Prince, Raum, Robertson, Roots, Saw yer, Scofield, Shanks, Shellabarger, Smith, Spalding, Starkweather, Stevens, Stewart, Stokes, Stover, Tafle, Thomas, Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Cadwalder C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F.'Wilson, John T. Wilson, Windom, Mr. Speaker Colfax— 144. Nats — Messrs. Archer, Axtell, Barnes, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Gloss brenner, Golladay, Grover, Haight, Hawkins, Holman, Hotchkiss, Richard D. Hubbard, Humphrey, Johnson, Thomas L. Jones, Kerr, Knott, Loughridge, Mallory, Marshall, McCormick, McCullough, Mungen, Niblack, Nicholson, Phelps, Pruyn, Robinson, Ross, Stone, Taber, Van Auken, Van Trump, Wood, Woodward, Young-^iA-. This subject engaged a large share of attention during the third session of the Fortieth CongresB. The various votes and proceedings upon it are subjoined in the order of the date of occurrence. The Eonse Joint Resolution, (H. R. 408.) In House. 1869, January 30 — The House passed the amendment in these words : Joint Resolution proposing an amendment to the Constitution of the United States. Be it resolved by the Senate and House ot Representatives of the United States of America in Congress assembled, (two-thirds of both houses concurring,) That the following article be pro posed 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 held as part of said Constitution,' namely : abtiole — Seo. 1. The right of any citizen of tbe United States to vote shall not be denied or abridged by the United States or any State by reason of race, color, or previous condition of slavery of any citizen or class of citizens of the United States. Seo. 2, The Congress shall have power to en force by appropriate legislation the provisions of this article. The vote was yeas 150, nays 42, not voting 31, as follow : Yeas— Messrs. Allison, Arnell, Delos R. Ashley^James M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Blackburn, Blaine, Blair, Boles. Boutwell, Bowen, Boyden, Bromwell, Broo.nall, Buck- land, Buckley, Benjamin F. Butler, Cake, Callis, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, 'Dawes, Delano, Deweese, Dockery, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Harding, Haughey, Heaton, Higby, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Jenckes, Alex ander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mercur, Miller, 17 400 POLITICAL MANUAL. Moore, Moorhead, Morrell, Mullins, Myers, Newoomb, Newsham, Norris, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pierce, Pike, Pile, Plants, Poland, Price, Prince, Raum, Robertson, Roots, Sawyer, Scofield, Selyo, Shanks, Shellabarger, Smith, Spalding, StarkWMtnev; Stewart, Stokes, Stover, Taffe, Taylor, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyek, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F. Wilson, John T. Wilson; Stephen F. Wilson, Windom, and Mr. Speaker Colfax —150. Nats— Messrs. Archer,, Axtell, Baker, Barnum, Beck, Bingham, Boyer, Brooks, Burr, Cary Chanler, Fox; Getz, G\oUaday, Graver, Haight, Hawkins, Hotchkiss, Hum phrey, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McCormick, Mungen, Niblack, Nicholson, Phelps, Polsley, Pruyn, Randall, Robinson, Ross, Sitgreaves, Stone, Taber, Tift, Van Auken, Van Trump, Woodward, Young — 42. Not Voting — Messrs. Adams, Ames, Anderson, Barnes, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Eldridge, Glossbrenner, Hill, Holman, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll, Kitchen, Mal lory, McCarthy, McCullough, Morrissey, Pettis, Pomeroy, Schenck, Stevens, Svpher, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, Wood, Woodbridge— 31. The Previous Votes. Same day — An amendment by Mr. Bingham, and an amendment to the amendment by Mr, Shellabarger pending, the House voted as fol lows upon them : Mr. Bingham's amendment was to substitute the following for the first section of the said joint resolution: No State shall make or-enforce any law which shall abridge or deny to! any male citizen of the United States of sound mind- and twenty-one years of age or upward the exercise of the elec tive franchise at allelectionsin the State wherein he shall have actually resided for a period of one year next preceding such election, (subject to such registration laws and laws prescribing local residence as the State may enact,) except such of said citizens as shall engage in rebellion or insurrection, or who may have been, or shall be, duly convicted of treason- or other infamous crimes. Mr. Shellabarger's amendment to the amend ment was to strike out the above, .and insert what follows : No State shall make or enforce any law which shall deny or abridge to any male citizen of the United States of' the age oP.twefity-one years or over, and who is of" soutld mind, an equal vote at all elections in the- State in which he shall have such actual 'residence asshall be'prescribed by law, except to such as have engaged or may hereafter engage in insurrection or rebellion against the United' States; and : to sufch as shall be duly convicted of treason, felony, or other infamous crime. t Mr. Shellabarger's amendment to the amend ment was disagreed' to — ^yeas"62, nays ' 125, not voting 35, as follow : Yeas— Messrs. Delos R. Ashley, Baldwin, Beamcn, Beatty, Benton,- Boles, Bowen, Broomall', Buckland,- Cake, Clift, Cobb, Coburn,. Cullom, Dawes, Delano, Eck ley, Eggleston, Ela, James !T. Elliott, French, Gravtely, Hamilton, Hawkins, Hooper, Chester D.Hubbard, Judd,' Julian, Kelley, Kelsey, George V. Lawrence, WiHiam Lawrence, Loan, Logan, Maynard, Mullins, Newsham, Norris, O'Neill, Orth,- Paine, Plants, Polsley, Price, Prince, Sawyer. Schenck, Scofield, Shanks, Shellabar ger, Starkweather, Stokes; Sypher, Twiohell.'RobertT. Van Horn, Ward, Cadwalader 0. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams^C2. Nats— Messrs. Allison, Archery Arnell,. James M< Ash ley, Axtell, Bailey, Baker, Banks, Barnum, Beck, Benja min, Bingham, Blaine, Blair, Boutwell, Boyden, Boyer, Bromwell, Brooks, Burr, Benjamin F. Butler, Callis, Cary, Chanler, Churchill, Sidney Clarke, Cook, Corley, Covode. Deweese, Dockery, Dodge, Donnelly, Driggs, Edwards, Eldridge, Thomas D. Eliot, Ferriss, Ferry, Fields, Fox, Garfield, Getz, Golladay, Goss, Gove, Gris wold, Grover, Haight, Halsey, Harding, Haughey, Hea. ton, Higby, Hopkins, Hotchkiss, Hulburd, Humphrey, Hunter, Jenckes, Johnson; Alexander H.Jones, Thomas ¦L. Jones, Kerr, Ketcham. Knott, Koontz, Laflin, Lash, Lincoln, Loughridge, Marshall, Marvin, JUcCormick, McCullough, MoKee, Mercur, Miller, MooVe, Morrell, Mungen, Myers, Newcomb, Niblack, Nicholson, Nunn, Perham, Peters, Phelps, Pierce, Pike, Pile, Poland, Pruyn, Randall, Raum, Robertson, Robinson, Roots. Ross, Sitgreaves, Smith; Spalding, Stewart, Stone, Stover, Taber, Taflb, Taylor, Thomas, Tift, John Trimble, Trowbridge, Upson, Van Aernam, Van Auken. Burt Van Horn, Van Trump, Van Wyek, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Woodward, Young — 128. Not Voting — Messrs. Adanis, Ames, Anderson, Barnes, Blackburn, Buckley, Roderick R^ Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Farnsworth, Glossbren* ner, Hill, Holman, Asahel W. Hubbard, Richard D. Hub. bard, Ingersoll, Kellogg, Kitchen, Lynch, Mallory, Mc Carthy, Moorhead, Morrissey, Pettis, Pomeroy, Selye, Stevens, Lawrence S. Trimble, Vidal, Ellihu B.' Wash burne, William Williams, James F. Wilson, Wood— 35. The amendment of Mr. Bingham was then dis agreed to — yeas 24, nays 160, not voting 38, as follow-: .Yeas — Messrs. Axiell, Baker, Bingham, Brooks, De weese, Dookery, Eldridge, Garfield, Haight, Hfeatbn, Hotchkiss, Alexander H. Jones, McOulumgh, Phelps, -plants, Robinson, Ross, Spaldrhg, Stewart, Stone; -3%i, JohntT. Wilson, Woodward, Young — 24. Nats — Messrs. Allison, Arnell, Delos R. Ashley,.James M. Ashley, Bailey, Banks, Beaman, Beatty, Beck, Ben jamin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Boyer, Bromwell, Braomall, Buckland, Buck ley, Burr, Benjamin F. Butler, Cake, Callis, Cary, Chan ter, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Donnelly, Driggs, Eckley, Eggl eston, Ela, Thomas D. Eliot, James T. Elliott; Ferriss, Ferry, Fields, Fox, French, Getz, Golladay, Goss, Gove, Gravely, Griswold,' Grover, Hal sey, Hamilton, Harding, Hawkins, Higby, Hooper, Hop kins, Chester D. Hubbard, Hulburd, Humphrey, Hunter, Jenckes, Johnson, Thomas L. Jones, Judd, Julian, Kel ley, Kellogg, Kelsey, Kerr, Ketcham, Koontz, Laflin, Lash, George V Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marshall, Marvin, Maynard, McCormick, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Mungen, My.ers'.Newcomb, Newsham, Niblack, Nicholson, Norris, Nunn, O'Neill, Orth, Paine,' Perham, Peters, Pierce, Pike, Poland, Polsley, Price, Prince, Pruyn, Randall, Raum, Robert son, Roots, Sawyer, Schenck, Scofield,. .Selye, Shanks', Shellabarger, Sitgreaves, Smith, Starkweather, Stokes, Stover; Syphef;' Taber, Taffe, ' Taylor, Thomas, Trow bridge,. Twichell, Upson, Van Aernam, Van Auken, Burt Van Horn, Robert T. Van Horn, Van Trump, Van Wyqk, Ward, CadwaladerC. WasHburn,1 Henry D. Washburn, William" B. Washburn, Welker, Whittemore, Thoffl&S Williams,- William Williams, Stephen F. Wilson, Win dom, Woodbridge — 160. Not Voting — Messrs. Adams, Ames, Anderson, Archer, Baldwin, Bdrnes, Barnum, Blackburn, Roderick R. But ler; Reader- W. Clarke, Cornell, Dickey, Dixon, Dodge, Edwards, Farnsworth, Glossbrenner, Haughey, Hilt, Holman, Asahel W. Hubbard, Richard D. Hubbard, In gersoll, Kitchen, Knott, Mallory, McCarthy, Morrissey, Pettis, Pile, Pomeroy, Stevens, John Trimble, Lawrence S. Trimble; Vidal, Ellihu B. Washburne, James F. Wil- sonj Wood— 38. The resolution was then engrossed and read a third time — yeas 144, nays 45, not voting; 33, and passed as above. Proceedings upon it in the Senate In ' Senate; In Committee of the Whole, February 3 — Mr. Stewart moved to amend by substituting the following in place of the House resolution : Sec. 1. The right of citizens, of the United XVth AMENDMENT. 401 States to vote and- bold office sball not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. February 8 — Mr. Williams moved to amend the amendment by striking out all after the words "section 1," and inserting: Congress Bhall have power to abolish or modify any restrictions upon the right to vote or hold office prescribed by the constitution or laws of any State. Which was disagreed to; Mr. Drake moved to substitute for the amend ment of Mr. Stewart the following: No citizen of the United States shall, on ac count of race, color, or previous condition of servitude be, by the United States or by any State, denied the right to vote or hold office. Which was disagreed- to. Mr. Howard moved to substitute for the amend ment of Mr. Stewart the following : Citizens of the United States of African descent shall have the same .right to vote and hold office in States and Territories as other citizens, elec tors of the most numerous branch of their re active legislatures. Which was disagreed to — yeas 16, nays 35, as follow : Yeas— Meassrs. Anthony, Chandler, Cole, Corbett, •Cragin, Ferry, Harlan, Howard, Norton, Patterson of New Hampshire, Sumner, Thayer, Tipton, Wade, Welch, Williams— 16. Nays— Messrs. Abbott, Bayard, Buckalew, Cameron, Cattell, Doolittle, Drake; Ed'rnurids, Frelinghuysen, Harris, Hendricks, Howe, Kellogg, McCreery, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye; Patterson of Tennessee, Ramsey, Rice, Saulsbury, Saw- yeri Sherman, Spenoer.Stewart, Trumbull, Van Winkle, Vkkers, Warner, Whyte, Willey, Wilson, Yates— 35. Mr. Warner moved to substitute for the amend ment of Mr. Stewart the following: The right of citizens of the United States to hold office shall not be denied or abridged by the United States or any State on account of property, race, color, or previous condition of servitude ; and every male citizen of the United States of the age of twenty-years or over, and who is of sound mind, shall have an equal vote at all elections in the State in whioh he shall have actually resided for a period of one year next preceding such election, except such as raiay hereafter engage in insurrection or rebel- lion.against the United States, and Buch as shall he: duly convicted of' treason, felony, or other infamous crime. Which was disagreed to. February 9 — Mr. Wilson moved to amend by substituting the following : There shall be no discrimination in any State among the citizens ofthe United States in- the esercise of the elective franchise in any election therein, or in the qualifications for office in any State, on account, of race, color, nativity, prop erty, education, or religious belief. Which was disagreed to — :yeas 19, nays 24, as follow : Yjsas— Messrs. Cattell, Conness, Grimes, Harlan, Har- ris,-Howe, McDonald, Morton, Ramsey, Ross, Sawyer, Sherman, Sumner, Van Winkle, Wade, Welch, Wil liams,. Wilson,- Welker— 19. Nats— Messrs. Abbott,. Anthony, BmptrdiCole, Conk- !H8i Corbett, Davis, Dixon, Fessenden, Fowler, Fre linghuysen, Howard, Mbrgsn, Morrill of Vermont, norton, Nye, Patterson of Tennessee, Rice, Robertson, Bpsnoer, Stewart, Trumbull, Vickers, Willey— 24. Mr. Sawyer moved to amend by substituting the following : The right to vote and hold office in the United States and the several States and Territories shall belong to all male citizens cf the United States who are twenty-one years old, and who have not been, and shall not be, duly convicted of treaBon or other infamous crime: Provided, That nothing herein contained shall deprive the several States of the right to make such regis tration laws as Bhall be deemed necessary to gUar'd the purity of elections, and to fix the terms of residence which shall precede the ex ercise of the right to vote: And provided, That the United States and the several States shall have the right to fix the age and other qualifi cations for office under theit respective jurisdic tions, which said registration- laws, terms of residence, age, and other qualifications shall be uniformly applicable to all male citizens of the United States. Which was disagreed to. Mr. Henderson moved to add to Mr. Stewart's amendment the following : Nor shall such right to vote, after the first day of January, 1872, be denied or abridged for offences now committed, unless the party to be affected shall have been duly convicted there of. Which was disagreed to, Mr. Fowler moved to amend by substituting the following : All the male citizens ofthe United States, res idents of the several States now or hereafter comprehended in the Union, of the age of twen ty-one years and upward, shall-he entitled to an equal vote in all elections in the State wherein they shall reside, the period of such residence] as a' qualification for voting to be decided by each State, except' such citizens as shall engage^ in rebellion or insurrection, or shall, be duly! convicted of treason or other infamous cnme'J Which was disagreed to — yeas 9, nays 36', ,as follow : Yeas — Messrs. Bayard, Cragin, Dfxon Bowler, Patter son of Tennessee, Ross; Sherman, Van Winkle, Wil son— 9. Nats — Messrs. Abbott, Anthony, Cattell, Cole, Conk ling; Connessji Corbett, Davis, Driike; Ferry, Freling huysen, Harlan, Harris, Howard; McDonald, Morgan, Morrill of Vermont, Morton, ' Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Sawyer, Spencer, Stewart, Tipton; Trumbull,. Vickers, Wade, Welch, Willey, Williams, Yates— 35. On motion of Mr. Conness, the word "or" after the words; '•' United States," where it oc curs tho second, time-in the pending 'amendment, was made to, read " nor." Mr. Viok-ors moved" to add to Mr. Stewart's amendment, the following : Nor shall ¦ the- right to ¦ vote be denied or abridged, because of participation in the recent rebellion. Which was disagreed to— yeas 21, nays 32; as, follow : Yeas-- Messrs. Bayard, Buckalew, Davis, Dixon, Boo. littte. Ferry," Fowler, Grimes, Harlan, Hendricks, Mc Oreery, Norton, Patterson 'of Tennessee, Pcol, Ramsey, Robertson, Sawyer, Trumbull, Van Winkle, Vickers, Wilson— 21. Nats— ^Messrs.- Abbott, Anthony, Cattely Cole, Coup ling, Conness,1 Corhett, Cragin, Drake,Fessend,en, Fre^ linghuysen, Harris, Howard, Howe, Morgan, Moi'riU of., 'Vermont, Morton; Nye, Patterson- of • New Hamp^ 402 POLITICAL MANUAL. shire, Rice, Ross, Sherman, Spencer, Stewart, Sum ner, Thayer, Tipton, Wade, Welch, Willey, Williams, Yates— 32. Mr. Bayard moved to amend Mr. Stewart's amendment so as to make it read : The right of citizens of the United States to vote for electors of President and Vice President, and members of the House of Representatives of the United States, and hold office under the United States, shall not be denied or abridged by the United States nor by any State, on ac count of race, color, or previous condition of servitude. Which was disagreed to — yeas 12, nays 42, as follow : Yeas — Messrs. Anthony, Bayard, Bucko-lew, Davis, Dixon, Doolittle, Grimes, Hendricks, McCreery, Norton, Saulsbury, Van Winkle — 12. Nats — Messrs. Abbott, Cattell, Cole, Conkling, Con ness, Corbett, Cragin, Drake, Ferry, Frelinghuysen, Harlan, Harris, Howard, Howe, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morion, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, . Thayer, Tipton, Trumbull, Vickers, Wade, Warner, Welch, Willey, Williams, Wilson, Yates — 12. Mr. Wilson moved to amend Mr. Stewart's amendment by substituting for it the following : No discrimination shall be made in any State among the citizens of the United States in the exercise of the elective franchise, or in the right to hold office in any State, on account of race, color, nativity, property, education, or creed. Which was agreed to — yeas 31, nays 27, as follow : Yeas — Messrs. Abbott, Cameron, Cattell, Conness, Cragin, Ferry, Grimes, Harlan, Harris, Hendricks, Howe, McDonald, Morton, Osborn, Pool, Rice, Robert son, Ross, Sawyer, Sherman, Sumner, Thayer, Tipton, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson, Yates— 31. Natb — Messrs. Anthony, Buckalew, Chandler, Cole, Conkling, Corbett, Dixon, Doolittle, Drake, Edmunds, Fessenden, Frelinghuysen, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Patterson of Tennessee, Ramsey, Sauls bury, Spencer, Sprague, Stewart, Trumbull, Vickers, Whyte— -27. The amendment as amended was then agreed to. Mr. Corbett moved to add to the first section the words : But Chinamen not born in the United States, and Indians not taxed, shall not be deemed or made citizens. Which was disagreed to. Mr. Buckalew moved to add the following new section : Seo. 3. That the foregoing amendment shall be submitted for ratification to the legislatures of the several States the most numerous branches of which shall be chosen next after the passage of this resolution. Which was disagreed to — yeas 13, nays 43, as follow : Yeas— Messrs. Bayard, Buckalew, Davis, Dixon, Doo little, Fowler, Hendricks, McOreery, Patterson of Tennes see, Saulsbury, Van Winkle, Vickers, Whyte — 13. Nats— Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ed munds, Ferry, Fessenden,. Frelinghuysen, Harlan, Harris, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sher man, Spencer, Stewart, Sumner, Thayer, Tipton, Trum bull, Wade, Warner, Welch, Willey, Williams, Wilson, Yates— 43. Mr. Dixon moved to amend so as to refer the amendments to " conventions " in the States in stead of the legislatures ; which was disagreed to — yeas 11, nays 45, as follow: Yeas — Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, McOreery, Patterson of Tennessee, .Saulsbury, Vickers, Whyte — 11. Nats — Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ed munds, Ferry, Fessenden, Frelinghuysen, Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson, Yates— 45. Mr. Morton moved to amend by adding the following as article XVI : The second clause, first section, second article of the Constitution of the United StateB shall -be / amended to read as follows: Each State shall ap point, by a vote of the people thereof qualified to vote for representatives in Congress, a num ber of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector; and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people. Which was disagreed to — yeas 27, nays 29, as follow : Yeas — Messrs. Buckalew, Cattell, Dixon, Doolittle, Fer ry, Fessenden, Fowler, Grimes, Hendricks, Kellogg, McDonald, Morton, Patterson of New Hampshire, Pool, Rice, Ross, Sawyer, Spencer, Van Winkle, Vickers, Wade, Warner, Welch, Whyte, Willey, Williams, Wil son — 27. Nats — Messrs. Abbott, Cameron, Chandler, Cole, Conk ling, Conness, Corbett, Cragin, Davis, Drake, Freling huysen, Harlan, Harris, Howe, McOreery, Morgan, Mor rill of Maine, Morrill of Vermont, Nye, Patterson of Ten nessee, Ramsey, Robertson, Sherman, Sprague, Stew art, Sumner, Tipton, Trumbull, Yates— 29. Mr. Sumner then moved to strike out all after the enacting clause, and insert as follows : That the right to vote, to be voted for, and to hold office, shall not be denied or abridged any where in the United States under any pretence of race or color ; and all provisions in any State constitutions, or in any laws, State, territorial, or municipal, inconsistent herewith, are hereby declared null and void. Seo. 2. And be it further enacted. That any person who, under any pretence of race or color, wilfully hinders or attempts to hinder any citi zen of the United States from being registered, or from voting, or from being voted for, or from holding office, or who attempts by menaces to dtfier any such citizen from the exercise or en joyment of the rights of citizenship above men tioned, shall be punished by a fine not less than one hundred nor more than three thousand dol lars, or by imprisonment in the common jail for not less than thirty days nor more than one year. Seo. 3. And be it further enacted, That every person legally engaged in preparing a register of voters, or in holding or conducting an elec tion, who wilfully refuses to register the name or to receive, count, return, or otherwise give the proper legal effect to the vote of any citizen un der any pretence of race or color, snail he pun ished by a fine not Iobs than five hundred nor more than four thousand dollars, or by imprison- XVth AMENDMENT. 403 ment in the common jail for not less than three calendar months nor more than two years. .. Seo. 4. And be it further enacted, That the district courts of the United States shall have exclusive jurisdiction of all offences against this act; and the district attorneys, marshals, and deputy marshals, the commissioners appointed by the circuit and territorial courts ofthe United States, with powers of arresting, imprisoning, or bailing offenders, and every other officer specially empowered by the President of the United States, shall be, and tbey are hereby, required, at the -expense of the United States, to institute pro ceedings against any person who violates this act, and cause him to be arretted and imprisoned or bailed, as the case may be. for trial before such court as by this act has cognizance of the offence. Seo. 5. And be it further enacted, That every citizen unlawfully deprived of any of the rights of citizenship secured by this act under any pre tence of race or color, may maintain a suit against any person so depriving him, and re cover damages in the district court of the United States for the district in which such person may be found. Which was disagreed to — yeas 9, nays 46, as follow : ¦ Yeas— Messrs. Edmunds, McDonald, Nye, Ross, Sum ner, Thayer, Wade, Wilson, Yates — 9. , Nats— Messrs. Abbott, Anthony, Bayard, Cameron, '-.Chandler, Cole, Conkling, Conness, Corbett, Cragin, i'gavis, Dixon, Doolittle, Drake, Ferry, Fessenden, Fow- tr, Frelinghuysen, Grimes, Harlan, Harris, Hendricks, owe, McOreery, Morgan, Morrill of Maine, Morrill of ermont, Morton, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Saulsbury, Sawyer, Sherman, .fpencer, Sprague, Stewart, Trumbull, Van Winkle, Vickers, Warner, Whyte, Willey, Williams — 46. The resolution was than reported to the Sen ate, and the question being on concurring in the amendment made in Committee of the Whole, Mr. Warner moved to substitute for the arti- , ele adopted in committee the following : Seo. 1. No State Bhall make or enforce any law which shall abridge or deny to any male citizen of the United States of sound mind and over twenty-one years of age the equal exercise of the elective franchise at all elections in the State wherein he shall have such actual resi dence as shall be prescribed by law, except to such of said citizens as have engaged or shall hereafter engage in rebellion or insurrection, or who may have been, or shall be, duly convicted of treason or other crime of the grade of felony , at common law, nor shall the right to hold office be denied or abridged on account of race, color, nativity, property, religious belief, or previous condition of servitude. Seo. 2. The Congress shall have power to en force this article by appropriate legislation. Which was disagreed to — yeas 5, nays 47, as ' follow : Yeas— Messrs. Conkling, Kellogg, McDonald, Spen. cer, Warner— 5. Nats— Messrs. Abbott, Anthony, Buckalew, Cameron, Cattell, Chandler, Cole, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Drake, Ferry, Fessenden, Fowler, Fre linghuysen, Harlan, Harris, Hendricks, Howe, McOreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of Tennessee, Ramsey, Rice, Robert- eon, Ross, i&mIs&ttrj/,Sawyer,Sherman,Sprague,Stewart, Thayer, Trumbull, Van Winkle, Vickers, WhyU, Willey, Williams, Wilson, Yates— 47. Mr. Morton then offered the amendment offered by him in Committee of tbe Whole, proposing an additional article as Article XVI, and re jected, as follows : The second clause, first section, second article of the Constitution of the United States shall be amended to read as follows : Each State shall appoint, by a vote of the people thereof qualified to vote for representatives in Congress, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or rep resentative, or person holding an office of trust or profit under tbe United States, sball be ap pointed an elector, and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people. Which was agreed to — yeas 37, nays 19, as follow : Yeas— Messrs. Buckalew, Cameron, Cattell, Cole, Conk ling, Conness, Corbett, Dixon, Doolittle., Ferry, Fessen den, Fowler, Grimes, Harlan, Howe, Kellogg, McDon ald, Morrill of Maine, Morton, Osborn, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer. Spencer, Thayer, Vickers, Wade, Warner, Welch, Whyte, Willey, Williams, Wilson— 37. Nats— Messrs. Abbott, Chandler, Cragin, Davis, Drake, Edmunds, Frelinghuysen, Harris, Hendricks, McOreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Sherman, Stewart, Trumbull, Van Winkle, Yates— 19. Mr. Wilson moved to reconsider this vote; which was disagreed to — yeas 26, nays 28, as follow : Yeas— Messrs. Cameron, Cattell, Chandler, Cole, Con ness, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howe, Kellogg, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Ramsey, Sherman, Stewart. Thayer, Whyte, Willey, Wilson, Yates— 26. Nats — Messrs. Abbott, Buckalew, Conkling, Corbett, Davis, Dixon, Doolittle, Fowler, Grimes. Harian, Hen dricks, McDonald, Morton, Osborn, Patterson of New Hampshire, Patterson of Tennessee, Pool, Rice, Robert son, Ross, Sawyer, Spencer, Sprague, Van Winkle, Vickers, Wade, Warner, Williams— 28. The resolution as amended — being the substi tute offered by Mr. Wilson and the additional article offered by Mr. Morton — was then passed — yeas 40, nays 16, as follow : Yeas— Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Ferry, Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Pat terson of New Hampshire, Pool, Ramsey, Rice, Robert son, Ross, Sawyer, Sherman, Spencer, Stewart. Thayer, Van Winkle, Wade, Warner, Welch, Willey, Williams, Vi ilson, Yates — 40. Nats — Messrs. Anthony, Bayard, Corbett, Dam's, Dixon, Doolittle, Edmunds, Fowler, Grimes, Hendricks, McOreery, Patterson of Tennessee, Saulsbury, Sprague, Vickers, Whyte— 16. In House February 15 — The House — having suspended the rules, yeas 126, nays 31, not voting 65— dis agreed to the amendments made by the Senate. The first question was on the amendment substi tuting the following for the first section: " No discrimination shall be made in any State among citizens of the United States in the exerc eise of the elective franchise or in the right to hold office in any State on account of race, color, nativity, property, education, or creed." Yeas 37; nays 133, (not voting 52;)/as follow : Yeas— Messrs. Axtell, EalJer, Beatty, Bm^ham, Buck- land, Sidney Clarke, Coburn, Cullomspe*eese, Dickey, DoVkery, Donnelly, Eggleston, Haughey, Heaton Asa hel W. Hubbard, Ingersoll, Kitchen George V. Law rence, William Lawrence, Nunn, Orth, Pile, Plants, Po land, Scofield, Shanks, SpaHding, Stover, Thomas, John 404 POLITICAL MANUAL. Trimble, Robert T. Van Horn, Ward, Welker, James F. Wilson, Johrf T. Wilson, Stephen F. Wilson— 37. Nats— Messrs. Anderson, Delos R. Ashley, James M. Ashley, Banks, Barnum, Beaman, Beck, Benjamin, Ben ton, Blaine, Blair, Boutwell, Bowen, Boyden, Boyer, Bromwell, Brooks, Buckley, Bun; Benjamin F. Butler, Roderick R. Butler, Callis, Cary, Canler, Churchill, Reader W. Clarke, Clift, Cobb, Corley, Cornell, Covode, Dawes. Driggs, Edwards, Eldridqe, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, Fox, Glossbrenner, Gove, Gravely, Grover, Haight, Hamil ton, Hawkins, Higby, Holman, Hopkins, Hotchkiss, Ches ter D. aubbard, Hulburd, Humphrey, Hunter, Jenckes, Johnson, Alexander II. Jones, Thomas L. Jones, Julian, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knott, Koontz, Laflin, Lash, Loan, Loughridge, Lynch, Mallory, Mar sliaU, Marvin, McCarthy, McCormick, McKee, Miller, Moore, Moorhead, Morrell, Mungen, Myers, Newcomb, Newsham, Nihlack, Nicholson, Norris, OlNeill, Paine, Perham, Peters, Phelps, Pierce, Polsley, Pomeroy, Price, Prince, Pruyn, Randall, Raum, Robertson, Robinson, Roots, Sess, Sawver, Shellabarger, Sitgreaves, Smith, Starkweather, Stewart, Stokes, Stone, Taber, Taflfe, Trow bridge, Twichell, Upson, Burt Van Horn, Van Trump, Van Wyek, Cadwalader C. Washburn, Henry D. Wash burn, William B. Washburn, Whittemore, w illiam Wil liams, Windom, Wood, Woodward, Young— 133. The other amendments were then disagreed to without a division. In Senate. February 17— Mr. Stewart moved that the Senate recede from its amendments 'disagreed to by the House; which was agreed to— yeas 33, nays 24, as follow: Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howard, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New 11 ampshire, Pomeroy, Robertson, Stewart, Thayer, .Trumbull, Van Winkle, Welch, Willey, Williams, Yates— 33. Nats — Messrs. Abbott, Bayard, Buckalew, Davis, Dixon, Doolittle, Fowler, Harlan, Hendricks, McOreery, Norton, Osborn, Patterson of Tennessee, Pool, Rice, Ross, Sauls bury, Sherman, Spencer, Vickers, Wade, Warner, Whyte, Wilson— 24. Mr. Wilson moved to lay the resolution on the table ; which was disagreed to — yeas 28, nays 30, as follow : Yeas— Messrs. Abbott, Anthony, Bayard, Buckalew, Davis, Dixon, Doolittle, Edmunds, Fowler, Grimes, Hendricks, Howe, McOreery, Norton, Patterson of Tennes see, Pool, Ross, Saulsbury, Sawyer, Spencer, Sumner, Trumbull, Van Winkle, Vickers, Warner, Whyte, Wilson, Yates— 28. Nays — Messrs.Cameron, Cattell, Chandler, Cole, Conk ling, Cragin, Drake, Ferry, Fessenden, Frelinghuy sen, Harlan, Harris, Howard, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of New Hampshire, Ramsey, Rice, Robertson, Sherman, Stewart, Thayer, Wade, Willey, Williams— 3d. Mr Morton moved to reconsider the vote of the Senate receding from its amendments ; which was disagreed to — yeas 24, nays 32, as follow : Yeas— Messrs. Abbott, Cragin, Drake, Grimes, Har lan, Harris, McDonald, Morton, Osborn, Pomeroy, Pool, Rice, Robertson, RpsSj Sawyer, Sherman, Spen cer, Sumner, Thayer, Van Winkle, Wade, Warner, Welch, Wilson— 24. N.its — Messrs. Anthony, Buckalew, Cameron, Cattell, Chandler, Cole, Conkling, Davis, Doolittle, Edmunds;' Ferry, Fessenden, Fowler, Frelinghuysen, Hendricks, Howard, Kellogg, McCreery, Morgan, Morrill of Ver mont, Norton, Nye,- Patterson of New Hampshire, Pat terson of Tennessee, Ramsey, Saulsbury, Stewart, Trum-i bull, Vickers, Whyte, Williams, Yates^-32. On the question,.6hall the resolution (as origin ally passed by the House) pass, it was determined in the negative, (two-thirds not having voted in the affirmative) — yeas 31, nays 27, as follow : Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling.'Cragin, Drake, Ferry, Fessenden, Fre linghuysen, Harlan, Harris, Howard, Kellogg, Morgan, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Sherman, Stewart, Trumbull, Van Winkle, Wade, Williams, Yaties —31. Nats — Messrs. Abbott, Bayard, Buckalew, Davis,Dixon, Doolittle, Edmunds, Fo\?\er, Grimes, HeridHcks, McCreery, McDonald, Norton, Osborn, Patterson of Tennessee, Pomeroy, Ross, Saulsbury, Sawyer, Spencer, Sumner, Thayer, Vickers, Warner, Welch, Whyte, Wilson— 27. And Ihe House proposition fell. Tho Senate Joint Resolution. (S. 8.) In Senate. On the same day (February 17), and immedi ately after the failure of the House proposition, the Senate resolved, itself into Committee ofthe Whole on a joint resolution reported January 15, 1869, from the Committee on the Judiciary, and amended by the Senate without division, January 28, so as to make it read as follows : Joint Resolution proposing an amendment to the Constitution of. the United States. Resolved by the Senate and House cf. Repre sentatives ofthe United States of America in Con gress assembled, (two-thirds of both houses con curring,). That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when, ratified by three-fourths of said, legislatures, shall be valid as part of the Constitution, namely : aetiole xv. The right of citizens of the United States to vote and hold office shall not be denied or abridged-'by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power' to enforce this article by appropriate legislation. The question being on concurring in the' amendment made in Committee of the Whole, Mr. Drake moved to amend it by striking out all after the wOrdB " section 1," and inserting the following : No Citizen of the United States shall, on ac count of race, color, or previous condition of servitude be, by the United States or by any State, denied'the right to vote or hold office. Which was disagreed to. Mr. Bayard moved to amend the amendment by striking out the words "vote and," so that it would read : The right of citizens of the United States tp? hold office shall not be denied or abridged by. the United States or any State, &c. Which was disagreed to — yeas 6, nays 29; as follows: Yeas— Messrs. Bayard, Buckalew, Davis, Hendricks, Vickers, Whyte — 6. ' NATs--Messrs. Abbott, Cattell, Cole, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Howard, Kellogg, McDonald, Morton, Nye, Osborn, Patterson of New' Hampshire, Pomeroy. -Ramsey, Bice, Ross, Sawyer, Spencer, Stewart, Trumbull, Van Winkle, Wade, War-: ner, Willey, Wilson, Yates.— 29. ' Mr. Howard mOved to amend the amendment. made in Committee of the Whole by striking out the words " the United States Ot by." Which waB disagreed to — yeas 18, nays 22, as follow : Yeas — Messrs. Buckalew, Conkling, Cragin, Davis, Dixon, DooliWt, Ferry, Fowler, Hendricks, Howard, Nor-' ton, Patterson of New Hampshire, Robertson, Sauli;'. I bury, Trumbull, Van Winkle, Vickers, Whyte— 18. XV™ AMENDMENT. 405 Nats— Messrs. Abbott, Cattell, Cole, Drake, Edmunds, Fessenden, Frelinghuysen, Harris, Kellogg, McDon ald, Morrill of Vermont, Mortbn, Pomeroy, Ramsey, Rice, Sawyer, Stewart, Wade, Warner, Willey, Wilson, Yates— 22. . Mr. Doolittle moved to add to the amendment made in Committee of the Whole the words : Nor shall any citizen be so, denied by reason of any alleged crime unless duly convicted there of according to law. Which was disagreed to — yeas 13, nays 30, as follow : Yeas— Messrs. Buckalew, Davis, Dixon, Doolittle, Ferry, Fowler, Hendricks, McCreery, Norton, Saulsbury, Vickers, Whyte, Wilson— 13. - Nats— Messrs. Abbott, Cattell, Cole, Conkling, Cragin, Drake, Edmunds, Fessenden, Frelinghuysen, Harris, Howard, McDonald, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Rice. Robertson, Sawyer, Spencer, Stewart, Trumbull, Wade, Warner, Welch, Willey, Williams, Yates— 30. Mr. Fowler moved to amend the amendment of the Committee of the Whole by striking out the words "on account of race, color, or pre vious condition of servitude." Which was disagreed to— yeas 5, nays 30. The yeas were Messrs. Doolittle, Fowler, Hendricks, Vickers, Whyte. The amendment made in Committee of the Whole was then concurred in, without a divis ion. Mr. Howard moved, to amend the resolution by striking out all after the word " that," where it first occurs, and substituting the following : Tlie following article be proposed to the legis latures of the several States as an amendment to the Constitution of the United States : aeticle xv. Citizens of the United States of 4-frican de scent shall have the same right to vote and hold office in States and Territories as other electors. Mr. Davis moved to amend so as to, provide for the submission of this to legislatures, " here after to be chosen ;" which was disagreed to. Mr. Howard's amendment was then disagreed to— yeas 22, nays 28, as follow : Yeas— Messrs. Abbott, Cole, Conkling, Conness, Drake, Ferry, Harlan; Harris, Howard, Nye, Osborn, Batterson of New Hampshire, Pomeroy, Ramsey, Robertson, Spencer, Thay3r, Tipton, Warner, Welch, Willey, Williams— 22. . . Nats— Messrs. Bayard, Buckalew, Cattell, Cragin, Daw's, Dixon, Edmunds, Fessenden, Fowler, Freling huysen, Dendricks, Howe, Mci'reery, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Rice, Ross,. Saulsbury, Stewart, Trumbull, Van Winkle, Vick ers, Whyte, Wilson, Yates— 28. Mr. Hendricks moved to amend by adding to the resolution the following words: The foregoing amendment shall be submitted for ratification to the legislatures of the several States the most numerous branches of which shall be chosen next after the passage of this resolution. Which was disagreed to — yeas 12, nays 40, as follow : Yeas— Messrs. Bayard, Buckalew; Davis, Dixon, Fow ler, Hendricks, McCreery, Norton, Patterson of Tennessee, Saulsbury, Vickers, Whyte— li. Nats— Messrs. Abbott, Cameron, Cole, Conkling, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Har- lan,Harris. Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Os born, Patterson of New Hampshire, Pomeroy, Pool, Ramsey, Rice, Robertson, Ross. Sawyer, Spencer, Stewart, Thayer, Tipton, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson-40. Mr. Dixon moved to amend by submitting the article to conventions instead of legislatures; which was disagreed to— yeas 10, nays 39. [The affirmative vote was the same as above, except that Messrs. Fowler and McCreery did not vote. The negative also tb.e same, except that Messrs. Sawyer and Wade did not vote, and Mr. Yates did.J Mr. Davis moved a reconsideration of the vote disagreeing, to, the last amendment offered • by Mr. Howard, which was disagreed to — yeas 16,. nays 29, as follow: Yeas — Messrs. Chandler, Cole, Conkling, Harlan, Howard, Nye, Ouborn, Patterson of New Hampshire, Pomeroy, Ramsey, Robertson, Sawyer, Tipton, War ner, Welch, Williams — 16. . Nats— Messrs. Abbott, Buckalew, Cragin, Davis, Drake, Edmunds, Ferry, Frelinghuysen, Harris, Hendricks, Kellogg, McCreery, McDonald, Morgan, Morrill of Ver mont, Morton, Patterson of Tennessee, Pool, Rice, Ross, Saulsbury. Spencer, Stewart, Thayer, Vickers, Wade, Wliyte, Wilson, Yates— 29. The resolution was then engrossed and read a third time, and passed — yeas 35, nays 11, as follow: Yeas— Messrs. Abbott, Chandler, Cole, Conkling, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Har lan, Harris, Kellogg, McDonald, Morgan, Morrill of Vermont, Morton; Osborn, Patterson of New Hamp shire, Pomeroy, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Spencer, Stewart,' Thayer,' Van Winkle, Wade, Warner, Welch; Willey, Williams, Wilson— 35. Nats — Messrs. Bayard, Buckalew, Davis, Fowler, Hen dricks; McCreery, Norton, Patterson of Tennessee, Sauls bury, Vickers, Whyte — 11. In House. February 2f>— On motion of Mr. Boutwell, the rules were suspended, , (yeas 139, nays 35, not voting48,) and the joint resolution of the Senate was taken up. . MessrB Logan, Shellabarger, and Bingham submitted amendments. • Mr. Boutwell moved to suspend the rules, and that the House proceed to vote on the pending amendments and the' joint, resolution without dilatory motions ; which was agreed to — yeas 144, nays 37, not voting 41. Mr. Logan's amendment — to strike from the first section the words " and hold office " — was disagreed to— yeas 70, nays 95, (not voting 57,) as follow.: YEAS^Messrs. Archer, Delos R. Ashley, Axtell, Barnum, Beck, Benton, Bingham, Boyer, Burr, Cary, Chanler, Churchill, Coburn, Dockery, Eckley, Eldridge, Fields, Ibx, Garfield, Getz, Golladay, Grover, Haigld, HalseyVHlg- by, Holman, Hotchkiss, Chester D. Hubbard, Humplnzy, Hunter, Johnson, Tliomas L. Jones, Judd, Ketcham, Knott, George V. Lawrence, Logan, Marvin, McCormick, McCul lough, Mercur, Miller, Moore, Moorhead, Morrell, Mun gen, Myers, Niblack, Nicholson, O'Neill, Phelps, Pile, Pruyn, Randall, Raum, Robertson, Schenck, Scofield, Selye, Smith, Spalding, Starkweather, Stevens, Stone, Taber, Tift, Van Trump, William Williams, Woodbridge, Woodward— 70. , , Nats— Messrs. Allison, Ames, James M. Ashley, Ba ker, Banks, BeaTHan, Beatty, Benjamin, Blaine, Blair, Boutwell, Bowen, Bromwell, Broomall, Buekland, Buckley, Roderick R. Butler, Cake, Callis, Reader W. Clarke. Sidney Clarke, Clift, Cobb, Cook, Corley, Cul lom, Dawes, Dickey, Dodge. Donnelly, Driggs, Eggle ston, Ela, Thomas D. Eliot, James •T. Elliott, Ferriss, French, Goss, Gove, Gravely, Hamilton, Haughey, Heaton, Hooper, Hopkins. Hulburd, Jenckes. Alexan der H. Jones, Julian, Kelley, Kellogg, Kelsey , Kitchen, Koontz, Laflin, Lash, William Lawrence, Loughridge. Lynch, Maynard, McKee, Newcomb Nunn, Orth, Paine, Perham, -Peters, Pettis, Pike, Plants Poland, Pomeroy, Prince, Roots, Sawyer, Shanks. Shellabarger, Stokes, Stover, Sypher. Taffe, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Ward, William B. Washburn. Welker, Whitte- 406 POLITICAL MANUAL. more, Thomas Williams, Stephen F. Wilson, Windom —95. Mr. Bingham's amendment, to strike out the words "by the United States or," and insert the words " nativity, property, creed," so that it will read as follows : The right of citizens of the United States to vote and hold office shall not be denied or abridged by any State on account of race, color, nativity, property, creed, or previous condition of servitude, ¦ Was agreed to— yeas 92, nays 71, (not voting 59.) as follow : Yeas— Messrs. Allison, Archer, James M. Ashley, Ax tell, Baker, Barnum; Beatty, Beck, Benton, Bingham, Blaine, Boyer, Buckland, Burr, Reader W. Clarke, Cobb, Coburn, Cullom, Dookery, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Eldridge, Farnsworth, Ferry, Fox, Garfield, Getz, Gravely, Griswold, Haight, Hamilton, Haughey, Heaton, Holman, Hopkins, Hotchkiss, Chester D. Uubbard, Humphrey, Hunter, Alexander H. Jones, Judd, Julian, Kitchen, Knott, Koontz, George V. Law- rence,William Lawrence, Marvin, McCormick, McCullough, Mercur, Moore, Moorhead, Mungen, Myers, Newcomb, Niblack, Nicholson, Orth, Paine, Pettis, Pile, Plants, Ran dall, Raum, Robinson, Ross, Schenck, Scofield, Shanks, Smith, Spalding, Starkweather, Stevens, Some, Stover, Taylor, Upson, Robert T. Van Horn, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, William Williams, James F. Wilson, John T. Wilson, Woodbridge, Woodward — 92. Nats— Messrs. Delos R. Ashley, Banks, Beaman, Blair, Boutwell, Bowen, Bromwell, Broomall, Buckley, Ben jamin F. Butler, Roderick R. Butler, Cake, Cary, Churchill, Sidney Clarke, Cook, Corley, Covode, Dawes, Dickey, Thomas D. Eliot, James T. Elliott, Ferriss, Fields, French, Golladay, Goss, Gove, Grover, Halsey, Higby, Hooper, Hulburd, Jenckes, Johnson, Kelley, Kelsey. Ketcham, Laflin, Lash, Loughridge, Maynard, McKee, Miller, Morrell, Nunn, O'Neill, Perham, Phelps, Pike, Poland, Pomeroy, Price, Prince, Pruyn, Robert son, Roots, Sawyer, Selye, Shellabarger, Stokes, Sypher, Taffe, Thomas, John Trimble, Trowbridge, Twichell, Van Aernam, Burt Van Horn, Ward, Thomas Wil liams — 71. Mr. Shellabarger then withdrew his amend ment, and trie joint resolution passed— yeas 140, nays 37, (not voting 46,) as follow: Yeas— Messrs. Allison, Ames, Arnell, Delos R.Ashley, James M.Ashley, Baker, Banks, Beaman, Beatty, Ben jamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen, Bromwell, Broomall, Buckland, Buckley, Ben jamin F. Butler, Roderick R. Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Dickey, Dock- ery, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Fer riss, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Haughey, Hea ton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koonts, Laflin, Lash, George V. Lawrence, William Lawrence, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Myers,. O'Neill, Orth, Paine, Perham, Peters, Pettis, Pile, -. Plants, Poland, Pomeroy, Price, Prince, Raum, Roots, Sawyer, Schenck, Scofield,Selye,Shanks,Shellabarger, Smith, Starkweather, Stevens, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horh, Robert T. Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, and Mr. Speaker Colfax— 140. Nats — Messrs. Archer, Axtell, Barnum, Beck, Boyer, Burr, Cary, Chanler, Eldridge, Fox, Getz, Golladay, Grover, Haight, H.a.wkms,Holrnan,Hotchkiss, Humphrey, Jerickes, Johnson, Knott, Marshall, McCormick, McCullough, Mungen; Niblack, Nicholson, Phelps, Pruyn, Randall, Robinson, Ross, Stone, Taber, Van Trump, Woodward, Young— -37. In Senate. February 23 — The Senate disagreed to the amendment of the House, and asked a confer-1 ence on the disagreeing votes of the two Houses thereon; which was agreed to — yeas 32, nays 17, as follow : Yeas — Messrs. Anthony, Cattell, Chand;er, Cole, Conk ling, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Grimes, Harris, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Pome-. roy, Ramsey, Sherman, Sprague, Stewart, Thayer, Tip-- ton, Trumbull, Van Winkle, Willey, Williams, Wilson —32. Nats — Messrs. Abbott, Buckalew, Davis, Dixon, Doolit tle, Kellogg, McCreery, Norton, Patterson of Tennessee, Pool, Rice, Robertson, Ross, Sawyer, Vickers, Warner, Whyte— 17. Messrs. Stewart, Conkling, and Edmunds were appointed the managers of the conference on the part of the Senate ; and Messrs. Boutwell, Bing ham, and Logan were appointed on the part of the House, the House having agreed to the con ference — yeas 117, nays 37, not voting 68. February 25 — The conference reported, recom mending that the House recede from their amend ment, and agree to the resolution x>i the Senate,? with an amendment, as follows: In section 1, line 2, strike out the words "and hold office,"' and the Senate agree to the same. February 26 — The Senate agreed to the report : — yeas 39, nays 13, asprinted on page 399. February 25 — The House agreed to the report — yeas 144, nays 44, not voting 35, as printed on page 399. XLI. MEMBERS OF THE CABINET OF PRESIDENT GRANT, AND OF THE FORTY-FIRST CONGRESS. PRESIDENT GRANT'S CABINET.* Secretary of Stahe — Hamilton Fish, of New York, vice Ellihu B. Washburne, of Illinois, resigned March 10, 1869. *Mr. Washburne was nominated and confirmed as Secretary of State March 5, and resigned March 10, to take effect upon the qualification of his successor, which took place March 16. Mr. Alexander T. Stewart, oi New Secretary of the Treasury — George S. Bout well, of Massachusetts. Secretary of War — John A. Eawlins, of Illinois, Secretary of the Navy — Georqe M. Robeson, of{ York, was nominated and confirmed as Secretary of the i Treasury March 5, and resigned Maroh 9, being found - disqualified by the act of. Congress of September S; ' 1789, providing that the Secretary of the Treasury, with- LIST OP CABINET AND CONGRESS. 401 New Jersey, vice Adolph E. Boeie, of Penn sylvania, resigned June 25, 1869. Postmaster General — John A. J. Creswell, of Maryland. Secretary of the Interior — Jacob D. Cox, of Ohio Attorney General— E. Eockwood Hoar, of Mas sachusetts. MEMBERS OF THE FORTY-FIRST CONGRESS. First Session, March 4, 1869— April 10, 1869. Senate, Bphutlee Colfax, of Indiana, Vice-President of the United States and President of the Senate. George C. Gotham, of California, Secretary. Maine — William Pitt Fessenden, Hannibal Ham lin. New Hampshire — Aaron H. Cragin, James W. Patterson. Vermont — Justin S. Morrill, George F.Edmunds. Massachusetts — Heury Wilson, Charles Sumner. Rhode Island — Henry B. Anthony, William Sprague. Connecticut— Orris S. Ferry, William A. Buck ingham. New York — Boscoe Conkling, Beuben E. Fenton. New Jersey — Alexander G. Cattell, John P. Stockton. Pennsylvania — Simon Cameron, John Scott. Delaware — Willard Saulsbury, Thomas F. Bay ard. Maryland— George Vickers, William T. Hamil ton.* North Carolina — John C. Abbott, John Pool. South Carolina — Thomas J. Robertson, Frederick A. Sawyer. Alabama — Willard Warner, George E. Spencer. Louisiana— John S. Harris, William P. Kellogg. Ohio — John Sherman, Allen G. Thurman. Kentucky — Thomas C. McCreery, Garrett Davis. Tennessee— Joseph S. Fowler, William G. Brown low. Indiana— Oliver P. Morton, Daniel D. Pratt. Illinois — Richard Yates, Lyman Trumbull. Missouri — Charles D. Drake, Carl Schurz. Arkansas— Alexander McDooald, Benjamin F. Rice. Michigan — Jacob M. Howard, Zachariah Chand ler. Florida— Thomas W. Osborn, Abijah Gilbert. Iowa— James W. Grimes, James Harlan. Wisconsin— Timothy 0. Howe, Matthew H. Car penter. California— Cornelius Cole, Eugene Casserly. Minnesota-Da,nie\ S. Norton, Alexander Ramsey. Oregon— George H. Williame, Henry W. Corbett. .Kansas— Edmund G. Ross, Samuel C. Pomeroy. West Virginia— Waitman T. Willey, Arthur I. Boreman other officers described, shall not be, directly or indi rectly, concerned or interested in carrying on the busi ness of trade or commerce, or be owner, in whole or in part, of any sea vessel, or purchase, by himself or another in trust for him, anypublic lands or other pub lic property, or be concerned in the purchase or dis posal of any public securities of any State or of the I nited States, or take or apply to his own use any emolument or gain for negotiating or transacting any business in the said Department other than what shall ,t Mnwed by law Mr. Boutwell qualified March 12, 1S6I). Mr. Schofield remained Secretary of War until March 12, when M:. Rawlins qualified •Qualified March &, 1S69. Nevada— James W. Nye, William M. Stewart. Nebraska— John M. Thayer, Thomas W. Tipton. House of Representatives. James G. Blaine, of Maine, Speaker. Edward McPherson, of Pennsylvania, Clerk Maine— John Lynch, Samuel P. Morrill, James G. Blaine, John A. Peters, Eugene Hale. New Hampshire*— Jacob H. Ela, Aaron F. Ste vens, Jacob Benton. Vermont— Charles W. Willard, Luke P. Poland, Worthington C. Smith. Massachusetts — James Buffinton, Oakes Ames, Ginery Twichell, Samuel Hooper, Benjamin f! Butler, Nathaniel P. Banks, George S. Bout- well,-)- George F. Hoar, William B. Washburn, Henry L. Dawes. Rhode Island — Thomas A. Jenckes, Nathan F. Dixon. ConnecticutX — Julius Strong, Stephen W. Kellogg, ¦ Henry H. Starkweather, William H. Barnum. New York — Henry A. Reeves, John G. Schuma- ker, Henry W. Slocum, John Fox, John Mor rissey, Samuel S. Cox.g Hervey C Calkin, Jame3 Brooks, Fernando Wood, Clarkson N. Potter, George W. Greene, John H. Ketcham, John A. Griswold, Stephen L Mayham, Adolphus H. Tanner, Orange Feniss, William A. Wheeler, Stephen Sanford, Charle3 Knapp, Addison H. Laflin, Alexander H. Bailey, John C. Church ill, Dennis McCarthy, George W. Cowles, Wil liam H. Kelsey, Giles W. Hotchkiss, Hamilton Ward, Noah Davis, John Fisher, David S. Bennett, Porter Sheldon. New Jersey — William Moore, Charles Haight, John T. Bird, John Hill, Orestes Cleveland. Pennsylvania — Samuel J. Randall, Charles O'Neill, Leonard Myers, [| William D. Kelley, John R. Reading, John D. Stiles, Washington Townsend, J. Lawrence Getz, Oliver J. Dickey, Henry L. Cake, Daniel M. Van Auken, George W.. Woodward, Ulysses Mercur, John B. Packer, Richard J. Haldeman, John Cessna, Daniel J. Morrell, William H. Armstrong, Glenni W. Scofield, Calvin W. Gilfillan (va cancy), James S. Negley, Darwin Phelps, Joseph B. Donley. Delaware — Benjamin T. Biggs. Maryland — Samuel Hambleton, Stevenson Ar cher, Thomas Swann, Patrick Hamill, Frede rick Stone. North Carolina— Clinton L. Cobb, David Heaton, Oliver H. Dockery, John T. Deweese, Israel G. Lash, Francis E.Shober.^f Alexander H Jones. South Carolina — B. F. Whittemore, C. C. Bowen, Solomon L. Hoge,** (vacancy.) Louisiana — (Vacancy,) Lionel A. Sheldon,*** (vacancy,) (vacancy.) Ohio — Peter W. Strader, Job E. Stevenson, * Qualified March, 15. JEesigned March 12. Messrs. Strong, Kellogg, and Starkweather quali fied April 9, 1869 ; Mr. Barnum did not appear. §Did not qualify, by reason of absence from the country. || Qualified April 9, 1809, in place of John Moffet, unseated. ffDid not qualify, disabilities not having been re lieved. "Admitted on prima facie, yeas 101, nays 39, and qualified April 8. *** Qualified April 8, having been voted entitled to the seat, yeas 85, nays 38- 408 POLITICAL MANUAL. Robert C. Schenck, William Lawrence, Wil liam Mungen, John A. Smith, Tames J. Winans, John Beatty, Edward F. Dickinson, Truman H. Hoag, John T.Wilson, Philadelph Van Trump, George W. Morgan, Martin Welker, Eliakim H. Moore, John A. Bingham, Jacob A. Ambler, William H. Upson, James A. Garfield. Kentucky— Lawrence S. Trimble, William N. Sweeney,. J. S, Golladay, J. Proctor Knott, Boyd Winchester, Thomas L. Jones, James B. Beck, George M. Adams, John M. Rice. Tennessee — Roderick R. Butler, Horace May nard, William B. Stokes, Lewis Tillman, Wil liam F. Prosser, Samuel M. Arnell, Isaac R. Hawkins, William J. Smith. Indiana— William E. Niblack, Michael C. Kerr, ' William S. Holman, George W. Julian, John Coburn, Daniel W. Voorhees, Godlove S. Orth, James N. Tyner, John P. C. Shanks, William Williams, Jasper Packard. Illinois— Norman B. Judd, John F. Farnsworth, Ellihu B. Washburne * John B. Hawley, Ebon C. Ingersoll, Burton C. Cook, Jesse H. Moore, Shelby M. Cullom, Thompson W. McNeely, Albert G. Burr, Samuel S. Marshall, John B. Hay, John M. Crebs, John A. Logan. * Resigned Missouri — Erastus Wells, Gustavus A. Finkeln- burg, James R. McCormick, Sempronius H. Boyd, Samuel S. Burdett, Robert T. Van Horn, Joel F- Asper, John F. Benjamin, Da- vid P. Dyer. Arkansas— Logan H. Roots, A. A. C. Rogers, Thomas Boles. Michignn,^-Fema.ndo 0. Beaman, William L. Stoughton, Austin Blair, Thomas W. Ferry, Omar D. Conger, Randolph Strickland. Florida — Charles M. Hamilton. Iowa— George W. McCrary, William Smyth, William B. Allison, William Loughridge; Frank W. Palmer, Charle3 Pomeroy. Wisoonsin — Halbert E. Paine, Benjamin F. Hopkins, Amasa Cobb, Charles A. Eldridge, Philetus Sawyer. Cadwalader C. Washburn. California — Samuel B. Axtell, Aaron A. Sar gent, James A. Johnson. _ Minnesota— Morton S. Wilkinson, Eugene M, Wilson. Oregon — Joseph S. Smith. Kansas — Sidney Clarke. West Virginia — Isaac H. Duval, James C. Mc- Grew, John S. Witcher. Nevada — Thomas Fitch. Nebraska— John Taffe. March 6. XL.II. POLITICAL VOTES IN FIRST SESSION OF FORTY-FIRST CONGRESS. Additional Reconstruction Legislation. An Act authorizing the submission of the con stitutions of Virginia, Mississippi, and, Texas to a vote of the people, and authorizing, the election of State officers, provided by the said constitutions, and members of Congress. Be it enacted, &c, That the President of the United States, at such time as he may deem best for the public interest, may submit the constitu tion which was framed by the convention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the voters of said State, registered at the date of said submission, for ratification or rejection, and may also sub mit to a Beparate vote iuch provisions of said constitution as he may deem best, such vote, to be taken either upon each of the said provisions alone, or in connection with the other portions of said constitution, as the President may direct. Seo. 2. That at the same election the voters of said State may vote for and elect members of the General Assembly of Baid State, and all the officers of said State provided for by the said constitution, and members of Congress; and the officer commanding the district of Virginia shall cause the lists of registered voters of said State to be revised, enlarged, and corrected prior to such election, according to law, and for that purpose may appoint such registrars as he may deem, necessary. And said elections shall be held, and returns thereof made, in the manner provided by the acts of Congress commonly called the reconstruction acts. Seo. 3. That the President of theUnited States may in like manner submit the constitution of Texas to the voters of said State at such time and in such manner as he may direct, either tha entire constitution, or separate provisions ofthe same, as provided in the 1st section of this act, to a separate vote ; and at the same election the voters may vote for- and elect the members of the Legislature and all the State officers pro vided for in said constitution, and members of Congress; Provided, also, That no election shall be held in said State of Texas for any purpose until the President so directs. Seo. 4. That the President of the United States may in like manner re-submit the- constitution of Mississippi to the voters of said State at such time. and in such manner as he may direct, either the entire constitution or separate provisions of the same, as provided in the 1st section of this act, to a. separate vote; and at the same election the voters- may vote for and elect the members of the legislature and all the State officers provided for in said constitution, and members of Con- POLITICAL VOTES. 409 Seo. 5 That if either of said constitutions shall be ratified at such election, the Legislature of the State so ratifying, elected as provided for in this act, shall assemble at the capital of said State on the fourth Tuesday after tho official promulgation of such ratification by the mili tary officer commanding in said State. ,8eci. 6. That before the States of Virginia, Mississippi, and Texas -shall be admitted to rep resentation in Congress, their several legisla tures, which may be hereafter lawfully organ ized, shall ratify the fifteenth article which has been proposed by Congress to the several States as an amendment to the Constitution of the United States. Seo. 7. That the proceedings in any of the said States shall not De deemed final, or operate as a complete restoration thereof, until their action, respectively, shall be approved by Con- Approved April 10, 1869. The final votes on this act were as follow: In Senate, April 9. Yeas— Messrs. Abbott, Boreman, Brownlow, Bucking ham, Carpenter, Cattell, ChandleT, Cole, Conkling, Cor- Kett,Cragin, Drake, Fenton, Ferry, Fessenden, Ham lin, Harris, Howard, Howe, McDonald, Morrill, Morton, Hye, Patterson, Pomeroy, Pratt, Eamsey, Bice, Rob ertson, Ross, Sawyer,Schurz. Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 4A-. Nats- Messrs. Bayard, Casscrly, Davis, Fowler, McCree ry, Norton, Sprague, Stockton, Thurman—9. In House, April 9 Yeas— Messrs. Ambler, Ames, Armstrong, Asper, Banks, Beaman, Benton, Bingham, Blair, Boles, Bow- eii,Boyd,Buffinton,B. F. Butler, Cake, Cessna, Church ill, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cullom, Dawes, Deweese, Dockery, Duval, Ela, Farns worth, Ferriss, Ferry, Finkelnbutg,. Fitch, Gilfillan, Hale, Hawley, Hay, Heaton, Hoar, Hooper, Hopkins, Hotchkiss, Ingersoll, Alexander EL Jones, Judd, J ulian, Kelley, Kellogg, Ketcham, Knapp, Laflin. Lash, Logan, Loughridge. Lynch, Maynard, McCarthy, McCrary, McGrow, Mercur, William Moore, Morrell, Myers, Neg- ley", O'Neill, Orth, Packard, Paine, Palmer. Phelps, Po land, Pomeroy, Prosser, Roots, Sargent, Sawyer, Sco- field,,Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith. William. Smyth, Stark weather, Stevens, Stevenson, Stokes, Stoughton, Strick land, Strong, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalder C. Wash burn, Welker, wheeler, Whittemore, Wilkinson, Wil lard, Williams, "John T. Wilson, Winans, Witcher— 108. Nays— Messrs. Adams, Arclier, Axtell, Biggs, Bird, Brooks, Burr, Cleveland, Orebs, Eldridge, Getz, Golladay, Griswold, Haldeman, Hamill, Hawkins, Holman, Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, Mb- bledy, Niblack, Potter, Reeves, Slocum. Stone, Swann, Sweeney, Trimble, Van Auken, Van Trump, Voorluxs, Wells, Eugene Jf. Wilson, Winchester, Woodward— 3D. Previous VoteB. In House. 1869, April 8 — The House passed the following bill:A.H Act* authorizing the submission of the con stitutions of Virginia, Mississippi, and Texas to a vote of the people, and authorizing the election of State officers, provided by the said constitutions, and' members of Congress. Be it enacted, &c, That the President of the United States, at such time as he may deem best for the public interest, may submit the constitu tion which was framed by the convention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the registered votfcrs of said State for ratification or rejection, and may alio submit to a separate vote such provisions of said constitution as he may deem best, such vote- to bs taken either upon each of tbe Baid provisions alone, or in connection with the other portions of said constitution, as the President may direct. Seo. 2 That at the same election the voters of said State may Vote for and elect members of the general assembly of said State, and all the officers of said State provided for l.y the said constitution, and members of Congress ; and the officer commanding the district of Virginia shall cause the lists of registered voters of said State to be revised and corrected prior to such election, and for that purpose may appoint such registrars as he may deem necessary. Ahd said election shall be held and returns thereof made in the manner provided by the election ordinance adopted by the convention which framed said constitution. Seo. 3. That the 'President of the United States may in like manner submit the constitution of Texas to the voters of said State at such time and in such manner as he may direct, either the entire constitution, or separate provisions of the same, as provided in the 1st section of this act, to a separate vote ; and at the same election the voters may vote for and elect the members of the legislature and all the State officers provided for in said constitution, and members of Congress: Provided, also, That no election shall be held in said State of Texas for any purpose until the President so- directs. Seo. 4. That the President of the United States may in like manner re-submit the constitution of Mississippi to the voters of said State, at such time and in such manner as he may direct, either the entire constitution or separate provisions of the same, as provided in the 1st section of this act, to- a separate vote ; and at the same election the voters may vote for and elect the members of the legislature and all the State officers pro vided for in said constitution, and members of Congress. Sec. 5. That if either of said constitutions shall be ratified at such election, the legislature of the State so ratifying, elected as provided for in this act, shall assemble at the capital of said States, respectively, on the fourth Tuesday after the official promulgation of such ratification by the military officer commanding in said State. Seo. 6. That in either of said States tbe com manding general, subject to the approval of the President of the United States, may suspend, until the action of tbe legislature elected under the constitution respectively, all laws that he may deem unjust and oppressive to the people. Yeas 125, nays 25, (not voting 47,) as follow : Yeas— Messrs. Allison, Ambler, Armstrong, Arnell, Axtell, Bailey, Banks. Beaman, Beatty, Deck, Bingham, Mair, Boles. Bowen, Brooks, Buffinton, Burdett, Ben jamin F; Butler, Roderick R. Butler, Calkin, Cessna, Chumhill, Clarke, AmasaCobb, C linton L. Cobb. Coburn, Cook.Conger, Crebs, Cullom. Davis, Dawes, Deweese, Dickey, Dickinson, Dixon', Dockery, Donley, Duval, Ela, Farnsworth, Ferriss, Ferry, Finckelnburg, Fish er, iFitch, Garfield, Gilfillan, Hale, Hawley, Hay, Heaton, Hill, Hoar, Hoge Hopkins, Hotchkiss, Ingersoll, Jenckes, Alexander II. Jones, Judd, Julian, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo gan, Loughridge, Lynch, McCarthy, McCormick, McCrm- ry, McGrew, Wiliiam Moore, Morgan, Morrell, Morrill, 410 POLITICAL MANUAL. Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Phelps, Poland, Pomeroy, Prosser, Roots, Sanford, Saw yer, Schenck, Scofield, Shanks, Sheldon, Slocum, John A. Smith, William J. Smith, William Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Tanner, Till man, Townsend, Tyner, Upson, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Whittemore, Wilkinson, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward — 125. Nays— Messrs. Adams, Archer, Biggs, Bird, Burr, Cleve land, Eldridge, Getz, Golladay, Haldeman, Hamill, Holman, Thomas L. Jones, Kerr, Knott, McNeely, Moffet, Niblack, Potter, Randall, Reeves, Sweeney; Trimble, Wells, Winches ter— 26. In Senate. 1869, April 9 - The House bill pending, Mr. Morton moved this as a new section : That, before the States of Virginia, Missis sippi, and Texas shall be admitted to representa tion in Congress, their several legislatures, which may be hereafter lawfully organized, shall ratify the fifteenth article which has been proposed by Congress to the several States as an amendment to the Constitution of the United States. Which was agreed to — yeas 30, nays 20, as follow: Yeas— Messrs. Abbott, Brownlow, Buckingham, Car penter, Chandler, Cole, Drake, Harris, Howard, McDon ald, Morrill, Morton, Nye, Osborn, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Schurz, Sherman, Stewart, Sum ner, Thayer, Tipton, Warner, Williams, Wilson, Yates —30. Nays — Messrs. Anthony, Bayard, Boreman, Casserly, Conkling, Davis, Edmunds, Fenton, Ferry, Fessenden, Fowler, McCreery, Norton, Patterson, Sawyer, Sprague, Stockton, Thurman, Trumbull, Willey— 20. A few unimportant changes were made, and the bill passed both Houses, as above. [A bill passed the House of Representatives, December 9, 1868, providing for an election in Virginia on the 27th of May, 1869, on the con stitution and for State officers, and for mem bers of Congress, the legislature to meet Sep tember 7. It passed without a division. The' bill was reported in Senate from the Judiciary Committee, with amendments, February 10, 1869, but was not called up. The general provisions of the bill were these : That the constitution adopted by the convention which met in Richmond, Virginia, on the 3d day of December, A. D. 1867, be submitted for ratifi cation on the day above named to the voters of the State of Virginia, who shall then be regis tered and qualified as such in compliance with the acts of Congress known as the reconstruction acts. The vote on said constitution shall be "for the constitution," or " against the constitution." The said election shall be held at the same places where the election for delegates to said conven tion was held, and under the regulations to be prescribed by the commanding general of the military district, and the returns made to him as directed by law. It is provided by the second section that an election Bhall be held at the same time and places for members of the general assembly and for all State officers to be elected by the people under said constitution; the election for State officers to be conducted under the same regula tions as the election for the ratification of the constitution and by the same persons. The re turns of this election shall be in duplicate ; one copy to the commanding general and one copy to the president of said convention, who shall give certificates of election to the persons elected. The officers elected shall enter upon the duties of the offices for which they are chosen as soon as elected and qualified in compliance with the provisions of said constitution, and shall1 hold their respective offices for the term of years, pre scribed by the constitution, counting from the 1st day of January next, and until their suc cessors are elected and qualified. The third section provides that an election for members of the United States Congress shall be held in the congressional districts as established by said convention, one member of Congress be ing elected in the State at large, at thesame time and places as the election for State officers j said election to be conducted by the same per sons and under the same regulations before men tioned in this act ; the returns to be made in the same manner provided for State officers. By the fourth section it is provided that no person shall act either as a member of any board of registration to revise and correct the registra- : tion of voters as provided in section seven of the act of July 19, 1867, amendatory of the act of" March 2, 1867, entitled "An act for the more efficient government of the rebel StateB," &o, or ¦ as a judge, commissioner, or other officer, at any; election to be held under the provisions of this act, who is a candidate for any office at the elections to be held as herein provided for. The fifth section provides that the general assembly elected under and by virtue of this act shall assemble at the capitol, in the city of Rich mond, on first Tuesday in September, 1869. - The Senate committee's amendments were : To submit, at tbe Bame election, to a separate 'vote of said voters, the question whether the fourth subdivision of the first section of the third article , and the seventh section of the third article of said constitution shall constitute a part thereof, and the vote on said question shall be " for dis qualification" or " against disqualification." Also, to substitute the foUowing for the fifth section : In case a majority of all the votes cast on the ratification of the constitution shall be " for the constitution," the general assembly elected under and by virtue, of this act sball assemble at the capitol, in the city of Richmond, on the first Tuesday of July, 1869; but if a majority of the votes cast on the question of ratification be against said constitution, said general assembly shall not convene nor shall any person elected to office under the provisions of this act enter upon the discharge of the duties thereof in pur suance of said election. The provision of the" constitution voted upon separately shall consti tute a part of the constitution if a majority of the votes cast upon it be " for disqualification;" but if a majority of the vote3 cast on that ques tion be " against disqualification," it shall not constitute part of the constitution ] The Mississippi Bill. In House. 1869, March— Mr. Benjamin F. Butler, from the Committee on Reconstruction, reported the . following bill : A Bill to provide for the organization of a provisional government for the State of Mis sissippi. POLITICAL VOTES. 411 Be it enacted, &c, That for the bettor security of persons and property in Mississippi, the con stitutional convention of said State, heretofore elected under and in pursuance of an act of Congress, passed March 2, 1867, entitled " An act for the more efficient government of the rebel States," and the several acts of Congress supplementary thereto and amendatory thereof, and as organized at the time of its adjournment, ia hereby authorized to assemble forthwith upon the call of the president thereof; and in case of his failure for thirty days to summon said con vention, then the commanding general of the fourth military district is hereby authorized and required to summon by proclamation said con vention to assemble at the capital of said State ; lod said convention shall have, and it is hereby authorized to exercise, the following powers in addition to the powers now authorized by law, to wit: to appoint a provisional governor; to authorize the provisional governor of said State to remove and appoint registrars and judges of elections under said acts of Congress, who shall not be voted for at elections within their own precincts ; to submit to the people of said State the constitution heretofore framed by said con vention, either with or without amendments ; to provide by ordinance that the votes for and against said constitution and for and against the classes thereof submitted by this act to a sep arate vote, together with the votes cast for and against all State and local officers voted for under said constitution, shall be forwarded to the provisional governor by the judges of elec tion, and shill be counted in the presence of the provisional governor, the general -commanding the military district of Mississippi, and such committee as the convention may appoint for that purpose ; and it shall be the duty of said provisional governor, commanding general, and committee to make proclamation of the result of Buch elections ; to pass laws exempting a homestead not exceeding $1,000 in value, and household furniture, mechanical and farming tools, provisions, and other articles of personal property necessary for tbe support of a family, not exceeding$500 in value, from seizure or sale upon process for the collection of debts ; which laws shall continue in force until repealed or modified by the legislature to be elected under the Constitution ; and to pass such ordinances, nojt inconsistent with the Constitution and laws of the United States, aB it may deem necessary to protect all persons in their lives, liberty, and property: Provided, That said convention shall not jjontinue in session for more than sixty daysi And provided further, That the districts unrepresented from any cause in the convention at the time of its adjournment shall at once proceed to elect duly qualified persons to take seats in said convention. The election of such delegates shall be held under the direction of the commanding general, in accordance with the provisions of the act of Congress approved March 2, 1867, entitled "An act for the more efficient government of the rebel States," and the acts supplementary thereto ; and certificates of ^election shall be awarded to the candidates receiving the highest number of votes : And provided, also, That said convention may submit any one or more provisions of said proposed constitution to a separate vote. Seo. 2. That the several ordinances which may be passed by the constitutional convention of saia State within the limitations as herein pro vided, shall be in force in said State until disap proved by Congress, or until Mississippi shall have adopted a constitution of State government and the same Bhall have been approved by Congress: Provided, That nothing in this aot contained shall deprive any person of trial by jury in the courts of said State for offences against the laws of said State. Seo. 3. That the military commander in said State, upon the requisition of the provisional governor thereof; shall give aid to the officers of the provisional government of said State in pre serving the peace and enforcing the laws, and especially in suppressing unlawful obstructions and forcible resistance to the execution of the laws. Seo. 4. That the said provisional governor may remove from office in said State any person holding office therein, and may appoint a succes sor in his stead, and may also fill all vacancies that may Occur by death, resignation, or other wise, subject, however, in all removals and ap pointments, to the orders and directions of the President of the United States ; and the Presi dent of the United States may at any time re move the said provisional governor and appoint a successor in his stead. Seo. 5. That if at any election authorized in the State of Mississippi any person shall know ingly personate and falsely assume to vote in the name of any other person, whether such other person shall then be living or dead, or if the name of the said other person be the name of a fictitious person, or vote more than once at the sarao election for any candidate for the same office, or vote at a place where he may not be lawfully entitled to vote, or without having a lawful right to vote, or falsely register as a voter, or do any unlawful act to secure a right or an opportunity for himself or other person to vote, or shall, by force, fraud, threat, menace, intimi dation, bribery, reward, offer, or promise of any valuable thing whatever, or by any contract for employment, or labor, or for any right whatever, or otherwise attempt to prevent any voter who may at any time be qualified from freely exer cising the right of suffrage, or shall by either of such means induce any voter to refuse or neglect to exercise such right, or compel or induce, by either of such means, or otherwise, any officer of an election to receive a vote from a person not legally qualified or entitled to vote, or interfere to hinder or impede in any manner any officer in any election in the discharge of his duties, or by either of such means, or otherwise, induce any officer in any election, or officer whose duty it is to ascertain, announce, or declare the result of any vote, or give or make any certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty or any law regulating the same, or if any such officer shall neglect or refuse to perform any duty re quired of him by law, or violate any duty im posed by law, or do any act unauthorized by law relating to or affecting any such vote, election, 412 POLITICAL MANUAL. or the result thereof, or if any person shall aid, counsel, procure, or advise any such voter, per son, or officer to do any act herein made a crime, or to omit to do any duty the omission Of which is hereby made a crime; or attempt so to do, oi if any person shall by force* threat, menace, in timidation, or otherwise prevent any citizen or citizens from assembling in public meeting to discuss or hear discussed any subject whatever,- or if any person shall by any means break up, disperse, or molest any assemblage, Or any citi zen in or of such assemblage when met or meet ing to discuss or hear discussion; as aforesaid, or shall by any means prevent any Citizen from attending any such assemblage, every person so offending shall be deemed guilty of a crime, and shall for such crime be liable to indictment in any court of the United States of competent jurisdiction, and on conviction thereof shall be adjudged to pay a fine not exceeding five hun dred dollars or less than one hundred dollars, and suffer imprisonment for a term not exceed ing three years nor less than Six months, iii fhe discretion of the court, and pay the costs of prosecution. Sec. 6. That no officer of Mississippi shall buy or sell treasury warrants, or claims of. any sOlt upon the treasury of the StatO/ ot of any county or district thereof. All taxes and moneys col lected by any officer shall be paid into the ap propriate treasury ; and any collector Who may receive warrants iff payment of taxes shall file with the treasurer a schedule, made" under oath,; of. such warrants, with the name and residence of each1 person from whom any such warrant may have been received. Any person who shall violate this section- shall be deemed guilty of a misdemeanor, and upon conviction' thereof shall be- punished as is prescribed iu the fifth Section of this act. . Seo. 7. That the courts of the United States shall have jurisdiction of cases arising under this act. Sec. 8. That the poll-tax levied in any one year upon any citizen1 of Mississippi shall not' exceed $1 50, and all laws in said State' for the collection of taxes and debts shall be uniform, and every citizen shall be entitled to all the ex emptions and immunities in these'respeots of the most favored citizen or class of citizens.' Sec. 9. That all lands which shall hereafter be forfeited and sold for non-payment of any tax, impost, or assessment whatever, in the State of Mississippi, or under proceedings in bankruptcy, or by virtue- of the judgment or decree of any court in the Baid State of Missis sippi, shall be disposed of only by Bale in sepa rate sub-divisions not exceeding forty acres each : Provided, however, That , such portion of said land shall first be offered for sale as can be sold with the least injury to the' remainder. April 1 — Its further consideration Was post poned till the first Monday in December next- yeas 103, nays 62, (hot voting -31,) as follow : Yeas— Messrs.. Allison, Archer, Armstrong, Axtell, Bailey, Beck, Biggs, Bird, Blair, Brooke, Burr, Calkin, Cleveland, Cowles, Orebs, Cullom, Dawes, Deweese, ,!}&•*- inson, Dixon, Dockery, Eldridge, Farnsworth, Ferriss Finkelnburg, FitCh, Garfield, Getz, Gilfillan, Golladay, Griswold, Haldeman, Hale, Hambleton.Hamill, Hawkins, Hawley, Hoag, Holman, Hopkins, Hotchkiss, Jenckes, Johnson, Thomas L. Jones, Kerr, Laflin, Loughridge, Lynch, Marshall, Mayhem, McCarthy, McCormick, M& Crary, McNeely, MeTcunMoffetj Jesse H.Moore, William' Moore, Morgan, Morrel), Morrill, Mungen, Niblack, 4Di- Neill, Packer, Paliher, Peters, Poland, Pomeroy, Potts', Randall, Reading, Reeves, Rice, Rogers, Schenek^&i&fe maker, Scofield, Shanks,, Slocum, Worthington C. omjjiliij William Smyth,, Stevens, Stiles, Stokes, Stone, Striok- lahd, Swann, Sweeney, Taffe, Tanner, Trimble, f'wi<||ieiK Van Auken, Voorhees, Cadwalader O. Washburn, WfllftHl, B. Washburn, WHlSi Wilkinson, Willard, Eugene M. Wilson, Winans, Woodward^-103. , . , Nays— Messrs. Ambler, Arnell, Asner, Beaman, Beatty, Benton, Bingham; BOweh, Boyd,- Buffihteri, , Burdett, Benjamin F. Butler, Roderick R., Butler, Cake, Cessna, Churchill, Amasa Cobb, Clinton L- Cobb, Coburn, Cooky Congef, Donley, Duvall, Ela, Fisher, Hay, Heaton, Hill, Hoar, Alexander H. Jones, Judd, Julian, Kelley, Kel sey, Knapp,, Lash, Lawrence, Maynard, Eliaiim.H. Moore, Negley, Orth, Packard, Paine, Phelps, .Prosser, Rbdts, Sargent, Sheldon, John A. Smith, William J. Smith, Stevenson, Stoughton, Tillman, Tyher,' Upson, Van Horn, Ward, Welker, Whittemore, Williams, John T. Wilson, WItcher— 62. The Public Credit Act. This bill became a law March 18, 1869, being the first act approved by President Geant : Be it enacted, ,&c. That in .order to remove any doubt as to the purpose of the Government to discharge all jtfst obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of .which such obligations have been contracted, it is hereby provided and declared, that tho faith of the. United States is solemnly pledged to the payment in coin or- its equivalent of all the obligations of the United States not bearing interest, known as United States notes, and oi ': all the interest-bearing obligations of the United'' States, except in cases where the law authoriz ing the issue of .any such obligation has ex'-- pressly provided that the same may be paid ia lawful money or other currency than gold and silver. But none of said interest-bearing obli gations not already due, shall be, redeemed or paid before maturity unless, at, such time United States notes shall be convertible into coin at the option of, the holder, or unless at such time' bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practicable period for the redemp tion of the United States notes in coin. March 12 — It passed the House — yeas ¦ 97,'; nays 47, (not voting 49,) as follow : Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Axtell, Bailey, Banks, Beaman, Benja min, Bennett, Bingham, Blair, Boles, Boyd, Buffinton, Burdett, Cessna, Churchill, Clinton L. Cobb, Cook, Con-.: ger, Cowles, Cullom, DaweStPonley, Duval, Dyer,Tarns- wprth, Ferriss, Ferry, Finkelnburg, Fishec, Fitch, Gilfillan, Hale, Hawley, Heaton, Hoar, Hooper, Hoteh-- kiss,Jenokes, Alexander H. Jones, Judd, Julian, Kel sey, Ketcham.Knapp,, Laflin, Lash, Lawrence, Lynch, Roots, Sanford, Sargent, Sawyer, Schenck, Scbfie'Id, Sheldon, JohnA. Smith, Worthington C.Smith, William Smyth, Stokes, Stoughton, Strickland, Tanner, Till-. man, Twichell, Upson, Van Horn, Ward, Cadwaladeru, Washburn, William- B. Washburn; Welker, Wheeler1, Whittemore, Wilkinson, Willard, Williams, Wi nans — 97. Nats— Mossrsl Arclier, Beatty, Beck, Biggs, Bird, Burr, Benjamin.E. Butler, Roderick R. Butler, Amasa Cobb,- Cohurn, Orebs, Deweese, Dickinson, Eldridge, Getz, Gol laday, Hawkins, Holman, Hopkins, Johnson, Thomas h. Jones, Kerr, Knott, Marshall, Mayhttm, McOorpick, Mc Neely. Moffet, Mungen, Niblack, Orth, Reading, Reeves, Sice, Shanks, Joseph S. Smith, Stiles, Stone, Strader, Simeney, POLITICAL VOTES. 413 Taffe, Trimble, Tyner, Van Trump, John T. Wilson, Winchester, Woodward— 47. March 16— It passed the Senate — yeas 42, nays 13, as follow': Yeas— Messrs. Abbott, Anthony, Boreman, Brown low, Cameron, Cattell, Chandler, Conkling, Corbett, ©¦agin, Drake, Edmunds, Fenton, Ferry, Fessenden, ISflbel-t, Grirnes, Harris, Howard, Kellogg, McDonald, Morrill, Nye, Patterson, Pool, Pratt, Ramsey, Robert son, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Th'ayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson, Yates^2. Nats— Messrs. ¦Bayardl Carpenter, Casserly, Cole, Davis, Morton, Osborn, Rice, Ross, Spencer, Stockton, Thurman, Vickers— 13. Pending the consideration of this subject, the following proceedings took place : In House. 1869, March 12— Mr. Schenok introduced the bjll; passed at third sessio.n of Fortieth Congress, and "pocketed" by President Johnsou. (See page 13-395,) ' Mr. Allison moved, to. strike out the second section ; which was agreed tp — yeas 87, nays 56, ffl, follow:' YBAS-rMessrs. Allison, Ames, Archer, Bailey, Beaman, Beatty, Beck, Biggs, Bingham, Bird. Bowen, Burr, Ben jamin F. Butler^Gake, Cessna, Amasa Cobb, Coburn, QUlloni; Davis, Deweese, Dickinson, Dyer, Eldridge, Earn9Worth, Ferriss, -Ferry, Fitch, Getz, Golladay, HaU d8pan, ¦ Hale, Hamill, Hawkins, Hay, Hoag, Holman, Hooper,. Hopkins, Ingersoll, Jenckes, Thomas L.Jones, K«lsey, -i&ny Knapp, Knott, Lawrence, Loughridge, Lynch, Marshall, Mayham, -McCormick, McNeely, Moffet, Jesse H. Moore, Morrill, Mungen, Niblack, O'Neill, Orth, Reading, Sawyer, Scofield, ' Shanks, Worthington 13; Smith, Stovensoh, Stiles, Stone, Stoughton, Slrader, Swann, SeeeMjf, Taffe, Trimble, Tyner, Van Horn, William B. Wnshburn, Welker, Wells, Wilkinson, Willard, .illiams, EagmeM. Wilson, John' T. Wilson, Winans, Wincliester, Witcher, Woodward— #7. ' . Bays— Messrs. Armstrong, Asper, Axtell, Banks, Ben jamin, Bennett, Blair, Boles, Boyd, BufBh'ton, Burdett, Roderick E. Butter, Churchill, Clinton L. Cobb, Conger, Cowles, Dawes, Dockery, Donley, 'Finkelnburg, Fisher, Garfield, Gilfillan, Heaton, Hoar, Johnson, Alexander II. Jones, Judd, Julian, Ketcham, Laflin, Lash, Logan, IJc&rew, Mercur, William- Moore, Packard, Paine,'Pal- mer,Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Schenck, Sheldon, John A. Smith, Stokes, Strickland, Tanner, Twichell, Ward, "Cadwalader C. Washburn, Wheeler, Whittemore— 66. The bill was then passed by the vote previously giyen. In Senate. March 9— The following bill was reported from the Committee on Finance: A Bih, to strengthen the public credit, and re lating to contracts for .the payment of coin. Be it enacted, &c., That in order to remove any doubt as to the purpose of the Government to ?p)?arge all just, obligations to the public cred itor, and to settle conflicting questions and inter pretations of the'laws.by virtue of which such obligations have been contracted, it is hereby provided and.declar.ed, that the faith of the United Sates is solemnly pledged to, the payment in coin, or its equivalent, of all the interest-bearing obligations of the' United States, except in, cases Where the law authorizing the issue of any such obligation has, expressly provided that. the same Bay be paid in lawful money 'or .other currency man gold and silver: Provided, hqwever, That, before any of said interest-bearing, obligations "Ot already due shall mature or. be paid before Maturity, the obligations not "bearing interest, Mown as United' , States . notes,, shall be .made convertible iu|Q coin at the.op^on ofthe holder. Seo. 2. That any contract hereafter made spe cifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the, rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the ren dering of such service or labor, shall be legal and valid, and may be. enforced according to its terips. March 11— Mr. Howard moved to insert the iWord "written" before "contract" in the2d sed ition where it first occurs; which was agreed to. 1 Mr. Sumner moved to strike out the 2d Bec- :tion ; which was agreed to — yeas 28, nays 15, as follow: Yeas— Messrs. Bayard, Boreman, Carpenter, Casserly, Conkling, Corbett Cragin, Ferry, Fessenden, Gilbert, 'Harris, Kellogg, McDonald, Norton, Nye, Pratt, Robert son, Sawyer, Schurz. Scott, Sprague, Stewart, Stockton, Sumner, Thurman, Trumbull, Vickers, Wilson— 28. Nats— Messrs. Abbott, Anthony, Brownlow, Drake, Grimes, Hamlin, Morrill, Morton, Osborn, Patterson, Ramsey, Ross, Sherman, Warner, Williams— 15. Mr. Thurman moved to add to the 1st section the following proviso: Provided, That nothing herein contained Bhall apply to the obligations commonly called five*- twenty bonds, Which was not agreed to — yeas 12, nays 31, as follow : Yeas— Messrs, Bayard, Boreman, Casserly, Morton, Norton, Osborn, Pratt, Ross, Sprague, Stockton, Thur-. man, Vickers — 12. Nays— Messrs. Abbott, Anthony, Brownlow, Carpen ter, Conkling, Corbett* Cragin, Drake, Fenton, Feri-y, Gilbert, Grimes, Hamlin, Harris, Kellogg, McDonald, Morrill, Nye, Patterson, Ramsey, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Tipton, Trumbull, Warner, Williams, Wilson— 31. Mr. Morton mo.v.ed to Btrike from section 1st the words, "authorizing tbe issue of any such obligation ;" which was not agreed to — yeas 14, nays 32,, as follow: Yeas— Messrs. Bayard, Brownlow, Casserly, Morton, Norton, Pomeroy, Pratt, Robertson, Ross, Spencer, Sprague, Stockton, Thurman, Vickers — 14. Nats— Messrs. Abbott, Anthony, Boreman, Carpen ter, Cattell, Corbett, Cragin, Drake, Fenton, Ferry, Fes senden, Gilbert, Grimes, Hamlin, Howard, Howe, Mor rill, Patterson, Ramsey, Sawyer, Schurz, Scott, Sher man, Stewart, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson, Yates-r-32., March 15 — This bill was then laid aside, and. the House bill taken up and passed by the vote given above. Amendment to the Tenure-of-Office Act. This bill passed both Houses, and became a law: An Act to amend "An act regulating the ten ure of certain civil offices." Be it enacted by the Senate and House of Rep resentatives cf the United States of America %n Congress assembled, That the first and second sections of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, be, and the same are hereby, repealed, and in lieu of said repealed sections the follow ing are hereby enacted : That every person holding any civil office to which he, has been or hereafter may be appointed, by, and with the advice and consent "of the Sen ate,, and who shall have become duly qualified to act therein, shall be entitled to hold such office 414 POLITICAL MANUAL. during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor! n his place, except as herein other wise provided. Sec. 2. And be it further enacted, That during any'recess of the Senate the President is hereby empowered, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the United States courts, until the end of the next session of the Senate, and to designate some suit able person, subject to be removed in his discre tion by the designation of another, to perform the duties of such suspended officer in the mean time ; and such person so designated 6hall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during the tiniu he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended ; and it shall be the duty of the Presi dent within thirty days after the commencement of each session ofthe Senate, except for any office which in his opinion ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended ; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to said session of the Senate for said office. Seo. 3. And be it further enacted, That section three of the act to which this is an amendment be amended by inserting after the word " resigna tion," in line three of said section, the following : " or expiration of term of office." Approved, April 5, 1869. The final vote was as follows : In House, March 31. Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Bailey, Banks, Beaman, Bennett, Bing ham, Blair, Boles, Bowen, Buffinton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Dawes, Dixon, Dockery, Donley, Duval, Ela, Ferriss, Finkelnburg, Fisher, Fitch, Garfield, Gil fillan, Hale, Hawley, Hay, Heaton, Hill, Hooper, Hop kins, Ingersoll, Jenckes, Alexander H. Jones, Judd, Kelsey, Knapp, Laflin, Lash, Logan, Lynch. Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim II. Moore, Jesse II. Moore, William Voore, Morrell, Morrill, O'Neill, Packard, Packer, Paine, Palmer, Peters, Phelps, Pomeroy, Pressor, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks, Sheldon, John A. Smith, William J. Smith, William Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Williams, John T. Wilson, Winans, U'iteher — 108. Nats— Messrs. Archer, Axtell, Beatty, Beck, Benton, Biggs, Ut'i-d, Boyd, Broolcs, Burr, Calkin, Clarke, Cleve land, Orebs, Davis, Deweese, Dickinson, Eldridge, Ferry, Getz, Golladay, Griswold, Haldeman, Hambleton. Humi'll, Hawk ins, Hoag, Hoar, Holman, Johnson, Thomas L. Jones, Julian, Kerr, Loughridge, Marshall, Mayham, McCor mick, MzNcely, Moflet, Morgan, Mungen, Niblack, Orth, Po land, Potter, Randall, Reading, Reeves, Rice, Rogers, Schu- maleer, Slocum, Worthington 0. Smith, Sliles, Stone, Swann, Sweeney, Trimble, Van Auken, Voorhees, Wells, Whittemore, Wilkinson, Willard, Eugene M. WUsen, Wood, Woodward —67. In Senate, March 31. Yeas— Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler .Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil bert, Grimes, Hamlin, Harlan, Harris, Howard, Kellogg, Morrill, Nye, Osborn, Patterson, Pomeroy, Pool, Piiara, Ramsey, Rice, Sawyer, Sehnrz, Scott, Spencer, Sumner, Tipton, Trumbull, Willey, Williams, Wilson, YateH— 42. Nats— Messrs. Bayard, Casserly, Davis, McOreery, Sprague, Stockton, Thurman, Ficfcer*~-8. Preliminary Votes. The following is the action of each House in detail : Is House. 1869, March 9 — The bill to repeal the tenure- of-office act was introduced by Mr. Benjamin F. Butler, and read a first and second time and passed — yeas 138, nays 16, (not voting 39,) as follow : Yeas— Messrs. Adams, Allison, Ambler, Archer, Asper, Axtell, Bailey, Banks', Beaman, Beck, Bennett, Biggs, Bingham. Blair, Boutwell, Bowen, Boyd, Buffinton, Burdett, Burr, Benjamin F. Butler, Roderick R. But ler, Cake, Cessna, Churchill, Clarke, Cleveland, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Orebs, Cullom* Davis, Dawes, Deweese, Dickey, Dickinson, Dyer, Eldridge, Ferry, Finckelnburg, Fisher, Fitch, Gilfillan, Golladay, Griswold, Haldeman, Hale, Hamill, Hawkins, Hawley, Hay, Heaton, Hill, Hoag, Hoar, Hol man, Ingersoll, Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Julian, Kelley. Kelsey, Kerr, Ketcham, Knapp, Knott, Lash, Logan, Loughridge, Marshall, May- ham, McCormick, McCrary, McGrew, McNeely, Moffet, Elia kim H. Moore, Jesse H. Moore, Morrill, Negley,iraia<)S, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps,Pomeroy,Pofter,Prosser, Randall, Heading, Rim, Rogers, Sargent, Schumaker, Scofield, Shanks. Sheldon, Slocum, John A. Smith, William J. Smith, Stevenson, Stiles, Stone, Stoughton, Strader, Strickland, Swann, Sweeney. Trimble, Twichell, Tyner.Upson, VanAulcenNm Horn, Van Trump, Voorhees, Cadwalader C. Washhurn, William B. Washburn, Welker. Wells. Wheeler, Williams, Eugene M. Wilson. John T. Wilson, Winans, Winchester, Witeher. Wood, Woodward— -138. Nats— Messrs. Arnell, Boles, Farnsworth, Ferriss, Hotchkiss, Jenckes, Lawrence, Maynard, Schenck, Worthington C. Smith, Stokes, Taffe, Tillman, Ward, Whittemore, Willard— 16. Iu Senate. March 11 — It was referred to the Committee on the Judiciary — yeas 34, nays 25, as follow : Yeas— Messrs. Abbott, Anthony, Brownlow, Buck ingham, ( arpenter, Cattell, Chandler, Conkling, Cragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Harris, How ard, Howe, Morrill, Norton, Nye, Patterson, Pomeroy, Ramsey. Rice. Sawyer, Schurz. Scott, Stewart. Sumner, Tipton, Trumbull, Williams, Wilson, Yates— 34. Nats— Messrs. Bayard, Boreman, Cameron, Ctaerjjf, Corbett, Davis, Fenton, Fessenden, Fowler, Grimes, McCreery, McDonald, Morton, Pool, Pratt, Robertson, Ross, Sherman, Spencer, Sprague, Stockton, Thayer, . Thurman, Vicktrs, Warner — 25. \ March 24— Mr. Trumbull reported the bill : from the Committee on the Judiciary, amended ! so as to strike out all after the enacting clause I and insert as follows : ! Th.at the 1st and 2d sections of an act entj- | tied "An act regulating the tenure of certain 1 civil officers," passed March 2, 1867, be, and;the same are hereby, repealed, and in lieu of said ' repealed sections tbe following are hereby en acted : Th at every person holding any civil office to which he has been or may hereafter be ap pointed, by and with the advice and consent of the Senate, and who Bhall have become qualified to act therein, shalj be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent. POLITICAL VOTES. 415 of a successor in his place, except as herein otherwise provided. Seo. 2. And be it further enacted, That during any recesB of the Senate the President is hereby empowered, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate* except judges of the United States courts, until the end of the next session of the Senate, and to designate some suitable person subject to be removed in his dis cretion by the designation of another to perform the duties of such suspended officer in the mean time; and such person so dosignated shall take oaths and give bonds required by law to be taken and given by the suspended officer, and shall during the time he performs his duties be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended. It shall be the duty of the President within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the, place of all officers suspended, and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, and shall also refuse by Vote to assent to his suspension, then, and not otherwise, such officer, at the end of the session, shall be entitled to resume the possession of the office from which he was suspended, and after wards to discharge its duties and receive its emoluments as though no such suspension had taken place. Which was agreed to — yeas 37, nays 15, as follow : Yeas— Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Carpenter, Cattell, Chandler, Conkling, Cragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Har lan, Harris, Howard, Kellogg, Morrill, Osborn, Patter son, Pratt, Rabnsey, Rice, Sawyer, Schurz, Scott, Spencer, Stewart, Sumner, Tipton, Trumbull, Willey, Williams, Wilson, Yates— 37. ' Nats— Messrs. Bayard, Casserly, Davis, Fessenden, Fowler, Grimes, McCreery, McDonald, Norton, Ross, Sprague, Stockton, Thurman, Vickers, Warner— 15. In House. March 25 — A motion to refer to the Committee on the Judiciary waa agreed to — yeas 94, nays 79, not voting 23. March 26— This vote was reconsidered, with out a division, and the House refused to concur in the amendment of the Senate — yeas 70, nays ,99, (not voting 27,) as follow : Yeas— Messrs. Ames, Armstrong, Asper, Bailey, Bea man, Beatty, Benton, Bingham, Boles, Burdett, Roder ick E. Butler, Cessna, Churchill, Clinton L. Cobb, Co- burn, Cowles, Dixon, Dockery, Donley, Duval, Ela, Farnsworth, Ferriss, Finkelnburg, Garfield, Gilfillan, Hawley, Hill, Hooper, Hotchkiss, Ingersoll, Jenckes, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, William Lawrence, Lynch, Maynard, McCarthy, McGrew, Mer cur, Eliakim H. Moore, William Moore. Packer, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks, William J. Smith, William Smyth, Stevens; Stoughton, Strickland, Taffe. Tillman, a Twichell, Ward, Welker, Wheeler, John T. Wilson, Winans— 70. Nats — Messrs. Allison, Ambler, Archer, Axtell, Banks, Beck, Biggs, Bird, Blair, Boyd, Brooks, Buffinton, Burr, Benjamin F. Butler, Calkin, Clarke, Cleveland, Amasa Cobb, Cook, Conger, Orebs, Cullom, Davis, Dawes, De weese, Dickey, Dickinson, Dyer, Eldridge, Ferry, Fisher, Fox, Getz, Golladay, Griswold, Haight, Haldeman, Hamble ton, Hawkins, Hay, Heaton, Hoag, Hoar, Holman, Hop kins, Johnson, Alexander H. Jones, Thomas L. Jones, Julian, Kerr, Knott, Logan, Loughridge, Marshall, May- ham, McCrary, McNeely, Moffet, Jesse H. Moore, Morgan, Mungen, Niblaclc, O'Neill, Orth, Packard, Paine, Palmer, Phelps, Randall, Reading, Reeves, Rice, Rogers, Schu- maker, Sheldon, Slocum, John A. Smith, Joseph S. Smith, Stevenson, Swann, Sweeney, Tanner, Townsend, Trimble, Tyner, Upson, Van Horn, Van Trump, Cadwalader C. Washburn, William B. Washburn, Wells, Whittemore, Wilkinson, Williams, Eugene M. Wilson, Winchester, Witcher, Wood, Woodward— W. In Senate. March 30 — Amotion to recede from its amend ments was lost — yeas 20, nays 37, as follow : Yeas — Messrs. Bayard, Oisserly, Cole, Davis, Fenton, Fessenden, Fowler, Grimes, McCreery, McDonald, Mor ton, Pool, Robertson, Ross, Sprague, Stockton, Thayer, Thurman, Vickers, Warner — 20. Nats — Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Cattell, Conkling, Cragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Har lan, Harris, Howard, Howe, Kellogg, Morrill, Nye, Pat terson, Pomeroy, Pratt, Ramsey, Rice, Sawyer, Schurz, Scott, Spencer, Sumner, Tipton, Trumbull, Willey, Wil liams, Wilson—37. A committee of conference was then voted, and Messrs. Trumbull, Edmunds, and Grimes ap pointed conferees. If House. March 80 — A motion that the House recede from its disagreement was lost — yeas 61, nays 106. The conference was granted, and Messrs Benjamin F. Butler, Cadwalader C. Washburn, and Bingham were appointed the managers. March 31 — The committee of conference re ported, recommending certain amendments, (to make the bill stand as it finally passed,) and the report was adopted — in the House, yeas 108, nays 67; in the Senate, yea? 42, nays 8, as printed above. On the Effect of the XVth Amendment. 1869, March 22 — Mr. Johnson moved a sus pension of the rules so as to enable him to sub mit this resolution : Resolved, That in passing the resolution for the fifteenth amendment to the Constitution of the United States this house never intended that Chinese or Mongolians should become voters. The motion to suspend the rules was lost — yeas 42, nays 106, not voting 48. The teas were Messrs. Archer, Axtell, Bird, Brooks, Burr, Calkin, Crebs, Dickinson, Eldridge, Fitch, Golla day, Haight, Haldeman, Hambleton, Hamill, Hawkins, Holman, Johnson, Thomas L. Jones, Kerr, Knott, Mayham, McNeely, Potter, Ran dall, Reading, Reeves, Sargent, Slocum, Joseph S. Smith, William J. Smith, Stiles, Stone, Strader, Swann, Van Auken, Van Trump, Wells, Eugene M. Wilson, Winchester, Wood, woodward. XJLIII. PRESIDENT GRANT'S INAUGURAL ADDRESS, AND MESSAGE ON RECONSTRUCTION, AND THE OFFICIAL PROCIAIATIONS OP THE YEAR. President Grant's Inaugural Address, March 4th, 1869. Citizens of the United, States. ¦ four suffrages having elected me to the office of President of the United. States, I have, in conformity to the Constitution of our country, taken the, oath of office prescribed therein._ I have taken this oath without mental reservation, and with the determination to do to the best of my ability aU that it requires of me. The re sponsibilities of the, position I feel, but accept them without fear- The office has come to me unsought; I commence its duties untrammelled. I bring to it a conscious desire and determina tion to fill it to the-, best- of my ability to the satisfaction of tbe.peaple. On all leading questions agitating the. public mind I will always, express, my views to Con gress, and urge them according to my. judgment; and, when I think it advisable, will exercise the constitutional privilege of interposing a veto to defeat measures which I, oppose.. But aU laws wiH be faithfully executed whether they meet my approval or not I snail on all subjects haye a policy to re commend, but none to enforce against the will of the people. Laws are to govern all alike, those opposed as well as those who favor them. I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. The country having just emerged from a great rebellion, many questions, will come before itifor settlement in the next fo.ur years which prece ding Administrations have never had to deal with. In meeting these it is desirable that.they should, be approached calmly, without prejudice, hate or sectional pride,, remembering that tjhe greatest good to, the, greatest number is., the ob ject to be attained. This requires security, of person, property, and free religious, and political opinion in every . part of our common country, without regard to local prejudice.. All laws to. secure these ends will receive my bestefforts.for. their enforcement. A great deb,t has been contracted in securing to us and our posterity the. Union. The pay- ment of this, principal, and interest, as well as the return to a specie, basis, as. soon as it can be accomplished withou.t;ma.terial.detrimentto the debtor class or to the country at lar ^e, must be provided for. To protest the national honor every dollar of government indebtedness should be paid in gold, unless otherwise expressly stip ulated in the contract. Let it be understood that no repudiator of one farthing of our public debt will be trusted in public place, and it will go far towards strengthening a credit which ought to be the best in the world, and willulti- mately enable us to replace the debt with bonds bearing less interest than we now pay. Td-this should be added a faithful collection of the rev enue, a strict accountability to the treasury for every dollar collected, and the greatest practica ble retrenchment in expenditure in every de partment of government. When we compare tbe paying capacity of tfie country now — with the ten States in poverty from the effects of war, but soon to emerge^ I trust, into greater prosperity than ever before — with its paying capacity twenty-five years ago, and calculate what it probably will be twenty^ five years hence, who can doubt the feasibility of paying every dollar then with more ease than we now pay for useless luxuries? Why, it looks as thougn Providence had bestowed upon, us a strong box in the precious metals locked up- in the sterile mountains of the far west, and which we are now forging the key to unlock, to. meet the very contingency that is now upon us. Ultimately it may be necessary to insure the facilities to reach .these riches, and it may be.ne- cessary also tbat the general government shojiild give its aid to secure- this access. But that should only be when a dollar of obligation to pay-se cures precisely tbe same sort of dollar to use now, and not before. Whiht the question of specie payments is in abeyance, the prudent huainssB man is careful about contracting debts payable in the distant future. The nation should follow the same rule. A prostrate commerce is to be rebuilt and all industries encouraged. The young men of the country, those who from their age must be its rulers twenty -five years hence, nave a peculiar interest in main* taining the national honor. A moment's reflec tion as to what will be our commanding influence among the nations of the earth in their day; if they are only true to themselves, should inspire them with national pride. All divisions, geo graphical, political, and religious, can join-in this common sentiment. How the public debt is, to be paid, or specie payments resumed,.-is aot so important as that a plan should be adopted and acquiesced in. A united. determination to do is worth. maw than divided counsels upon the method of doing, Legislation upon this subject may not be neces sary now, nor even advisable, but it will be when the civil law is more fully restored in all parts of the country, and trade resumes its wonted channels. 416 GRANT'S MESSAGE, ETC. 417 It will.be my endeavor to execute all laws in good faith, to collect all revenues assessed, and to h em properly accounted for and econom ically disbursed. I will, to the best of my ability, appoint to office those only who will .carry out this design. In regard to foreign policy, I would deal with nations as equitable law requires individuals to deal with each other, and I would protect the law-abiding citizen, whether of native or foreign birth, wherever his rights are jeopardized or the flag of our country floats. I would respect the rights of all nations, .demanding equal respect for our own. If others depart from this rule in their dealings with us, we may be compelled to follow their. precedent. The proper treatment of the original occu pants of this land, the Indians, is one deserving of careful study. I will favor any course toward them which tends to their civilization and ulti mate citizenship. 'Jhe question of suffrage is one which is likely toagitate the public so long as a portion of the citizens of the nation are excluded from its priv ileges in any State. It seems to me very desira ble that this question should be settled now, and I entertain the hope and express the desire that it may be by the ratification of the fifteenth article of amendment to the Constitution, In conclusion, I ask patient forbearance one toward another throughout the land, and a de termined effort on the part of every citizen to do hia share toward cementing a happy Union, and Task the prayers of the nation to Almighty God ia behalf of this consummation. President Grant's Message respecting- the Re construction of Virginia and Mississippi, April 7,1869. _ To the Senate and House of Representatives : While I am aware that the time in which Con gress proposes now to remain in Bession is very Brief, and that it is its desire, as far as is consist ent with the public interest, to avoid entering upon the general business of legislation, there is one subject which concerns so deeply the welfare of the country that I deem it my duty to bring .-'it before you. I have no doubt that you will concur with me in the opinion that it is desirable to restore the States which were engaged in the rebellion to their proper relations to the Government and the country at as early a period as the people of those States shall be found willing to become peaceful and orderly communities, and to adopt and maintain such constitutions and laws as will effectually secure the civil and political rights of all persons within their borders. The au thority of the United States, which has been vindicated and established by its military'power, must undoubtedly be asserted for tho absolute protection of all its citizens in the full enjpyment of the freedom and security which is the, object of a republican government. ' But whenever tbe;people of a rebellious State are ready to en ter in good faith upon the accomplishment of this object, in entire conformity with the consti tutional authority of Congress, it is certainly de sirable that all cause's of irritation should be removed as promptly as possible, that a mora perfect union may be established, and the coun try be restored to peace and prosperity. The convention of ihe people of Virginia which met in Pachmond on Tuesday, December 3, 1867, framed a constitution for that State, which was adopted by the convention on the 17th of April, 1868, and I desire respectfully to call the atten tion of Congress to the propriety of providing by law for the holding of an election in that State at some time during the months of May and June next, under the direction of the military commander of that district, at which the ques tion of the adoption of that constitution shall be submitted to the citizens of the State; and if this should seem desirable, I would recommend that a separate vote be taken upon such parts aa may be thought expedient, and that at the same time and under the same authority there shall be an election for the officers provided under such constitution, and that the constitution, or such parts thereof as shall have been adopted by the people, be submitted to, Congress on the first Monday of December next for its consideration, so that if the same is then approved the neces sary step.s will havo been taken for the restora tion of the State of Virginia to its proper rela tions to the Union. I am led to make this recommendation from the confident hope and belief that the people of that State are now ready to co-operate with the national government in bringing it again into such relations to the Union as it ought as soon as possible to establish and maintain and to give, to all its people those equal rights under the law which were asserted'! in the Declaration of Independence iu the word's • of one ofthe most illustrious of its sons. ' "¦ ¦- I desire also to ask the consideration of Con gress to the question whether there is hot just' ground for believing that the constitution framed' by a convention of the people of Mississippi for' that State, and once rejected ,*.mightinetbe again,' submitted to the people of that State in like rqaa^ ner, and with the probability of the same result, "'" ' U. S. Gsaht. Washington, D. C, April 7, 1869. ' Final Certificate of Mr. Secretary Seward res pecting the Ratification of the Fourteenth Amendment to the Constitution, July 28, 1S68. BY WILLIAM. H. SEWAED, SEORETAKY OP STATE OF V 'THE UNITED STATES. To all to whom these presents may come, greeting : Whereas by an act of Congress passed on the 20th of April, 1818, entitled "An act to provide for the' publication of the laws of the United Spates and for other purposes," it is declared, tha,t whenever official notice shall have been received at the Department of State that any amendment which heretofore has been and here after may be proposed to the Constitution of the United States has been adopted according to the provisions of the Constitution, it shall be tha duty bf the Baid Secretary of State forthwith td cause the said amendment to be published in the newspapers authorized to promulgate the laws, •The vote was taken June 22, 1868, and, as transmitted by Glen. Gillem, was as follows : For the constitution, 56,231 ; against it, 63,860. Number of registered -stoiers, 16S',351. 418 POLITICAL MANUAL. with his certificate, specifying the States by which the same may nave been adopted, and that the same has become valid to all intents and purposes as a part of the Constitution of the United States ; • And whereas the Congress of the United States, on or about the 16th day of June, 1866, sub mitted to the legislatures of the several States a proposed amendment to the Constitution in the following words, to wit: Joint Resolution proposing an amendment to the Constitution of the United States. Be it resolved by the Senate and House of Rep resentatives of the United States of America, in Congress assembled, (two thirds of both Houses concurring,) That the following article be pro posed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three- fourths of said legislatures, shall be valid as part of the Constitution, namely: ARTICLE xiv. Sec. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States according to their re spective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec tion for the choice of electors for President and "Vice-President of the United States, representa tives in Congress, the executive and judicial .officers of a State, or the members of the legis lature .thereof, is denied to any of the male in habitants .of such State, being twenty one years f>i .a,ge, :and citizens of the United States, or in ¦any way abridged, except for participation in rebellion or other crime, the basis of representa tion therein -shall be reduced in the proportion which the number of such male citizens shall !bear to the whole number of male citizens twenty-one years of age in such State. Seo. "3. 'No person shall be a senator or rep resentative in (Congress, or elector of President and yice-.Presidetat, or hold any office, civil or military,. under the United States, or under any State, who, having previously taken an oath as a member of .Congress, or as an officer of the United States, or as a member of any State Legislature, or as-ftn .executive or judicial officer of -any State, to support the Constitution of- the United States, shall' have engaged in insurrec- tkm or rebellion against the same, or given aid or comfort to the. enemies thereof. But Congress may by a vote of two -thirds of each House re move such disability. Seb. 4. The validity of .the public debt of the United States, authorized ;-by law, including debts, incurred for payment of pensions and bounties for services in suppressing insurrec tion i>.r'r.eb.eUion,- shall not, be. questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United StateB, or any claim for the loss or eman cipation of any slave ; but all such debts, obli gations, and claims shall be held illegal and void. Seo. 5. The Congress shall have power to en force, by appropriate legislation, the provisions of this article. Schuyleb Colfax, Speaker of the House of Representatives, La Fayette S. Foster, President of the Senate pro tempore. Attest: Edwd. McPheeson, Clerk of the House qf Representatives. J. W. Foruey, Secretary of the Senate. And whereas the Senate and House of Rep resentatives of the Congress of the United States, on the 21st day of July, 1868, adopted and transmitted to the Department of State a con current resolution, which concurrent resolution is in the words and figures following, to wit: In Senate oy the United Stateb, July 21, 1868. Whereas the Legislatures of tbe States of Con necticut, Tennessee^ New1 Jersey, Oregon, Ver mont, West Virginia, Kansas, Missouri, In diana, Ohio, Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island, Michi gan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified tha fourteenth article of amendment to the Consti tution of the United States, duly proposed by two-thirds of each House of the Thirty-Ninth Congress; therefore, Resolved by the Senate, (the House of Repre sentatives concurring,) That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State. Attest : Georoe C. Gorham, Secretary. _ And whereas official notice has been received at the Department of State that the legislatures of the several States next hereinafter named have, at the times respectively herein mentioned, taken the proceedings hereinafter recited upon or in relation to the ratification of the said pro posed amendment, called article fourteenth, namely : The Legislature of Connecticut ratified the amendment, June 30, 1866; the Legislature, of New Hampshire ratified it July 7, 1866; the Legislature of Tennessee ratified it July 19, 1866 ; the Legislature of New Jersey ratified it September 11, 1866, and the Legislature of the same State passed a resolution in April, 1868, to withdraw the consent to it ; the Legislature of Oregon ratified it September 19, 1866; the Legis lature of Texas rejected it November 1, 1866; the Legislature of Vermont ratified it on or previous to November 9, 1866 ; the Legislature of Georgia rejected it November 13, 1866, and the Legisla- JOHNSON'S PROCLAMATION. 419 tare of the BameState ratified it July 21, 1868 ; the Legislature of North Carolina rejected it De cember 4, 1866, and the Legislature of the same State ratified it July 4, 1868; the Legislature of South Carolina rejected it December 20, 1866, and the Legislature of the same State ratified it July 9, 1868; the Legislature of Virginia reject ed it January 9, 1867 ; the Legislature of Ken- lucky rejected it January 10, 1867; the Legisla ture of New York ratified it January 10, 1867; the Legislature of Ohio ratified it January 11, 1867, and the Legislature of the same State pass ed a resolution in January, 1868, to withdraw its ¦ consent to it; the Legislature of Illinois ratified it January 15, 1867; the Legislature of West -Virginia ratified it January 16, 1867; the Legis lature of Kansas ratified it January 18, 1867; the Legislature of Maine ratified it January 19, 1867 ; the Legislature of Nevada ratified it Jan uary 22, 1867; tbe Legislature of Missouri rati fied it on or previous to January 26, 1867; the -Legislature of Indiana ratified it January 29, 1867; the Legislature of Minnesota ratified it February 1, 1867; the Legislature of Rhode Isl and ratified it February 7, 1867; the Legislature of Delaware rejected it February 7, 1867 ; the .-Legislature of Wisconsin ratified it February 13, 1867; the Legislature of Pennsylvania ratified it February 13, 1867; the Legislature of Michi gan ratified it February 15, 1867; the Legisla ture of Massachusetts ratified it March 20, 1867 ; ¦ the Legislature of Maryland rejected it March 23, 1867 ; the Legislature of Nebraska ratified it June 15, 1867; the Legislature of Iowa ratified it April 3, 1868 ; the Legislature of Arkansas rati fied it April 6, 1868 ; the Legislature of Florida ratified it June 9, 1868 ; the Legislature of Louis iana ratified it July 9, 1868; and the Legislature of Alabama ratified it July 13, 1868, Now, therefore, be it known that I, William H. Seward, Secretary of State of the United States, in execution of the aforesaid act, and of the aforesaid concurrent resolution of the 21st of July, 1868, and in conformance thereto, do hereby direct the said proposed amendment to the Constitution of the United States to be pub lished in the newspapers authorized to promul- tate the laws of the United States, and I do ereby certify that the said proposed amend ment has been adopted in the manner herein before mentioned by the States specified in the Baid concurrent resolution, namely, the States of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, .Wisconsin, Pennsylvania, Michigan, Massachu setts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Louisiana, South Carolina, Alabama, and also by the Legislature of the State of Georgia; the States thus specified being more than three-fourths of the States of the United States. And I do further certify, that the said amend ment has become valid to all intents and pur poses as a part of the Constitution .of the United States. In testimony whereof I have hereunto set my hand and caused the seal of tbe Department of State to be affixed. Done at the city of Washington, this 28th day of July, in the year of our Lord r 1 1868, and of the independence of the L 'J United States of America the ninety- third. William H. Seward, Secretary of State. [For previous certificates see Manual of 1868, p. 121, or Hand-Book of Politics, p. 379.] President Johnson's Proclamation of General Amnesty, December 25, 1868. Whereas the President of the United States has heretofore set forth several proclamations, offering amnesty and pardon to persons who had been or were concerned in the late rebellion against the lawful authority of the Government of the United States, which proclamations were severally issued on the 8th day of December,. 1863, on the 26th day of March, 1864, on the 29th day of May, 1865, on the 7th day of Sep tember, 1867, aud on the 4th day of July, in the present year ; And whereas the authority of the federal gov ernment having been re-established in all the States and Territories within the jurisdiction of the United States, it is believed that such prudential reservations and exceptions as of the dates of said several proclamations were deemed necessary and proper may now be wisely and justly relinquished, and that a universal amnesty and pardon for participation in said rebellion extended to all who have borne any part therein will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and frater nal feeling among the whole people, and their respect and attachment to the national govern ment, designed by its patriotic founders for gen eral good : Now, therefore, be it known that I, Andrew Johnson, President of the United States, by vir tue of the power and authority in me vested by the Constitution, and in the name of the sover eign people of the United States, do hereby pro claim and declare unconditionally, and without reservation, to all and to every person who di rectly or indirectly participated in the late insur rection or rebellion, a full pardon and amDesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitu tion and the laws which have been made in pur suance thereof. In testimony whereof I have signed these presents with my hand, and have caused the seal of the United States to be hereunto affixed. Done at the city of Washington, the 25th day of December, iu the year of our Lord r -, 1868, and of the independence of the [SEAL.J Tjnited States of America the ninety- third. Andrew Johnson. By the President : F. W. Sewaed, Acting Secretary of State. 4 [For previous proclamations of amnesty, see Manual of 1867, p. 9 ; Manual of 1868, pp. 82-84, or Hand-- Book of Politics, pp. 9, 342-344.] 420 POLITICAL MANUAL. Message Respecting this Proclamation, January 19, 1869. To the Senate of the United States : The resolution adopted on the 5th instant, requesting the President "to transmit to the Senate a copy of any proclamation of amnesty made by him since the last adjournment of Con gress, and also to communicate to the Senate by what authority of law the same was made," has been received. I accordingly transmit herewith a copy of a proclamation dated the 25th day of December last. The authority of law by which it was made is set forth in the proclamation itself, which expressly affirms that ,it was issued " by virtue of the power and authority in me vested by the Constitution and in the name of the sovereign people of the United States," and pro claims and declares "unconditionally, and with out reservation, to all and to every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and am nesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitu tion, and the laws which have been made in pursuance thereof." The federal Constitution is understood to be, and is regarded by the Executive, as the supreme law of the land. The second section of article second of that instrument provides that the President "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment." The proclamation of the 25th ultimo is in strict ac cordance with the judicial expositions of the authority thus conferred upon the Executive, and, as wfft be seen by reference to the accom panying papers, .is in conformity with the pre cedent established by Washington iu 1795, and followed by President Adams in 1800, Madison. in 1815, and Lincoln in 1863, and by the present Executive in 1865, 1867, and 1868. Andrew Johnson. Washington, D. C, January 18, 1869. President Grant's Proclamation for the Election in Virginia, May 14, 1869. In pursuance of the provisions of the act of Congress approved April 10, 1869, 1 hereby desig nate fhe 6th day of July, 1869, as the time for submitting the constitution passed by the con vention which met in Richmond, Virginia, on Tuesday, the 3d day of December, 1867, to the voters of said State registered at the 3ate of such submission, viz., July 6, 1869, for ratification or rejection. And I submit to a separate vote the fourth clause of section 1, article III, of said constitu tion, which is in the following words: Every person who has been, a senator or rep resentative in Congress, or elector of President or Vice-President, or who held any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legis lature, or aB an executive or judicial officer of any State, shall have engaged in insurrection or re bellion against the same, or given aid or com fort to the enemies thereof This, clause shall include the following officers: Governor, lieuten ant governor, secretary of State, auditor of public accounts, second auditor, register of the land office, State treasurer, attorney general, sheriffs, sergeant of a city or town, commissioner of the revenue, county surveyor, constables, overseers of the poor, commissioner of the board of public works, judges of the supreme court, judges of the circuit court, judge of the court of hustings, justices of the county courts, mayor.re- corder, aldermen, councilmen of a city or town, coroners, escheators, inspectors of tobacco, flour,. &c, and clerks of the supreme, district, circuit, and county courts, and of the court of hustings, and attorneys for the Commonwealth ; provided that the legislature may, by a vote of three-fifths of both houses, remove the disabilities incurred by this clause from any person included therein by a separate vote in each case. And I also submit to a separate vote .the 7th section of article III of the said constitution, which is in the words following : In addition to the foregoing oath of office, the governor, lieutenant governor, members of the General Assembly, Secretary of State, audi tor of public accounts, State treasurer, attor ney, general, and all persons elected to any convention to frame a constitution for this State, or to amend or revise this constitution in any manner, and the mayor and council in any city or town shall, before they enter on the duties of their respective offices, take and sub scribe to the following oath or affirmation, pro vided the disabilities therein contained may be individually removed by a three-fifths vote, of the General Assembly : "I, , do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I haye volun tarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have, never sought or accepted, or attempted to exerpiBe, the functions of any office whatever under any authority or pretended authority in hostility to the. United States ; that I have not yielded a voluntary support to any pretended, government, author ity, power or constitution within the United StateB hostile or inimical thereto- And I, do further swear (or affirm) that to the, best of|,my knowledge and ability I will support and defend the Constitution of the United States against.all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, .without! any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on whiqh I am about to enter, bo help me God." The above oath shall also be taken by all the city and county officers before entering upon their duties, and by all other State officers not included in the above provis ion. I direct the vote to be taken upon each of the above-cited provisions alone, andf upon the other portions of the said constitution in the following manner, viz.: v Each voter favoring the ratification of the con- GRANT'S PROCLAMATIONS. 421 Btitution (excluding the provisions above quoted) as framed by the convention of December 3, 1867, Bhall express his judgment by voting FOB THE CONSTITUTION. Each voter favoring the rejection of the con stitution (excluding the provisions above quoted) shall express -his judgment by voting AGAINST THE CONSTITUTION. Each voter will be allowed to cast a separate ballot for or against either or both of the pro visions above quoted. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at tbe city of Washington, this 14th day of May; in the year of our Lord 1869, [seal.] and of the independence of the United States of America the ninety- third. U. S. Grant. By the President : Hamilton Fish, Secretary of State. Respecting Wages of Labor, May 19, 1869. Whereas the act of Congress, approved June 25, 1868, constituted on and after that date eight hours a day's work fOr all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States, and repealed all acts and parts of acts inconsistent therewith : Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby direct that, from and after this date, no reduction shall be made in the wages paid by the Government by the day to such laborers, workmen, and mechanics on account of such reduction of the hours of labor. In testimony whereof I have hereto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this 19th day of May, in theyear of Lord 1869, and [seal.] of the independence of the United States the ninety-third. U. S. Gbant. By the President: Hamilton Fish, Secretary of State. Relative to Duties upon Merchandize in French. Vessels, June 12, 1869. , Whereas satisfactory evidence has been re ceived hy 'me from his majesty the Emperor of France, through the Count Faverney, his chargfi d'affaires, that on and after this . date the dis criminating duties heretofore levied in French ports upon merchandize imported from the countries of its origin in vessels of the United States are to be discontinued and abolished: . Now, therefore, I, U. S. Grant, President of the United States of America, by virtue of the authority vested in me by an act of Congress of the 7th day of January, 1824, and by an act in addition thereto of the 24th day of May, 1828) do hereby declare and proclaim, that on and after this date, bo long as merchandize imported from countries of its origin into French ports in vessels belonging to citizens of the United States is admitted into French ports on the terms aforesaid, the discriminating duties heretofore levied upon merchandize imported from the countries of its origin into ports of the United States in French vessels shall be, and are hereby, discontinued and abolished. 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 12th day of June, in the year of our Lord 1869, [seal.] and of the independence of the United States of America the ninety-third. U. S. Gbant. By the President: Hamilton Fish, Secretary of State. The following is the official notification con taining the evidence upon which the foregoing proclamation was issued : [Translation.] Legation op France to the U. S., Washington, June 12, 1869. Mb. Secbetary op State: In conformity with the desire expressed in the note addressed by you to M. Berthemy, of the 19th of March last, I have requested of tbe Emperor's government to be informed by telegraphic dispatch of the abolition of discriminating duties on merchandize import ed into France from the countries of its origin in American vessels. I have the honor to send you herewith a copy of the notice which I have just received on this subject from his excellency the Minister of For eign Affairs. This shows that discriminating duties upon merchandize imported into the em pire under the American flag have been abolished from and after the 12th of June, 1869. Conse quently, pursuant to what has been agreed be tween us, I pray your excellency to nave the goodness to take the necessary measures in order that reciprocal treatment may at once be granted France by the Government of the United States. Accept, Mn Secretary of State, the assurances of my high consideration. Count de Faverney. To Hon. Hamilton Fish, Secretary of State. [Translation.] DATED — , 1869. EECEIVED IN WASHINGTON JUNE 12. To the Charge^ d' Affaires of France, Washington: Discriminating duties on merchandize import ed from the countries of its origin in American Vessels have this day been discontinued in the ports of the empire. Ask for reciprocity. The Minister Pabis. for Foreign Affairs. XJUV. ORDERS AND PAPERS ON RECONSTRUCTION. ADDITIONAL MILITARY ORDERS UNDER THE RECONSTRUCTION ACTS, AND THE NEW CONSTITUTION OF TEXAS. Orders and Papers relating to Beconstrnction, and General Action under the Reconstruction Laws.* _ Headquarters op the Army, Adjutant General's Opfice, Washington, July 28, 1868. General Orders, No. 55 : The following orders from the War Depart ment, which have been approved by the Presi dent, are published for the information and government of the army and of all concerned: The commanding generals of the second, third, fourth, and fifth military districts having officially reported that the States of Arkansas, North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have fully com plied with the acts of Congress known as the reconstruction acts, including tho act passed June 22, 1868, entitled " An act to admit the State of Arkansas to representation in Con gress," and the act passed June 25, 1868, entitled " An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," and that, consequently, so much of the act of March 2, 1867, and the acts supplementary thereto, as provide for the organization of military dis tricts, subject to the military authority of the United States, as therein provided, has become inoperative in said States, and that the com manding generals have ceased to exercise in said States the military powers conferred by said acts of Congress : therefore, the following changes will be made in the organization and command of military districts and geographical departments: I. The second and third military districts having ceased to exist, the States of North Caro lina, South Carolina, Georgia, Alabama, and Florida, will constitute the department of the South ; Major General George G. Meade to com mand. Headquarters at Atlanta, Georgia. II. The fourth military district will 3'ow con sist only of the State of Mississippi, and will continue to be commanded by Brevet Major General A. C. Gillem. III. The fifth military district will now con sist of the State of Texas, and will be com manded by. Brevet Major General J. J. Reynolds. Headquarters at Austin, Texas. IV. The States of Louisiana and Arkansas will constitute the department of Louisiana. Brevet Major General L. H. Rousseau is assigned • Continuation of the record from p. 343 Hand-Book of Politics for 1868, or p. 87 Political Manual of 1868. 40 to the command. Headquarters at New Or leans, Louisiana. Until the arrival of General Rousseau at New Orleans, Brevet MajorGeneral Buchanan will command the department. V. Brevet Major General George Crooke is assigned, according to his brevet of major gen eral, to command the departments the Colum bia, in place of Rousseau, relieved. VI. Brevet Major General E. R. S. Canby is reassigned to command the department of Wash ington. VII. Brevet Major General Edward Hatch, colonel 9th cavalry, will relieve General Bu chanan as assistant commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands in Louisiana. By command of General Grant. E. D. Townsend, . Assistant Adjutant General Attorney General's Opeioe, August 20, 1868., Alexander Magruder, Esq., United States Marshal Northern District of Florida, St. Augustine, Florida. Sib: Your letter of the 12th instant reached me yesterday, and has received an attentive consideration. Colonel Sprague's information to you must have been based upon his own con struction of General Meade's order lately issued, and not upon any special instructions from the President to Colonel Sprague, through General Meade or otherwise, as no such special instruc tions have been issued by tbe President. You add : " Under some circumstances I should be glad to have the aid of the military, and, if practicable, would be pleased to have instruct tions given to the military to aid me when necessary. I ask this, as Colonel Sprague in forms me under his instructions he cannot do so." This desire and request for the aid of the mili tary under certain circumstances I understand to refer to the occasional necessity which may arise that the marshal should have the means of obtaining the aid and assistance of a more con siderable force than his regular deputies supply for execution of legal process in his district. The 27th section of the judiciary act of 1789 establishes the office of marshal, and names among his duties and powers the following: " And to execute throughout the district all law ful precepts directed to him and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint, as ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 423 there may be occasion, one or more deputies." — (1st If 87.) You will observe from this that the only measure of the assistance which you have power to command is its necessity for the execution of your duty, and upon your discreet judgment, under your official responsibility, the law reposes the determination of what force each particular necessity requires. This power of the marshal is equivalent to that of a sheriff, and with either embraces, as a resort in necessity, the whole power of the precinct (county or district) over which the officer's authority extends. In de fining this power Attorney General Cushing — and, as I understand the subject, correctly — says it "comprises every person in the district or county above the age of fifteen years, whether civilians or not, and including the military of all denominations — militia, soldiers, marines — all of whom are alike bound to obey the commands of a sheriff or marshal." While, however, the law gives you this " pow er to command all necessary assistance," and the military within your district are uot exempt from obligation to obey, in common with all the citi zens, your summons, in case of necessity, you will be particular to observe that this high and responsible authority is given to the marshal only in aid of his duty " to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States," and only in case of necessity for this ex traordinary aid. The military persons obeying this summons of the marshal will act in subordi nation and obedience to the civil officer, the marshal, in whose aid in the execution of process they are called, and only to the effect of securing its execution. The special duty and authority in the execu tion of process issued to you must not be con founded with the duty and authority of sup pressing disorder and preserving the peace, which, under our Government, belongs to the civil authorities of the States, and not to the civil authorities of the United States. Nor are this special duty and authority of tbe marshal in executing process issued to him to be con founded with the authority and duty of the President of the United States in the specific cases of the Constitution and under the statutes to protect the States against domestic violence, or with his authority and duty under special statutes to employ military force in subduing combinations in resistance to the laws of the United States; for neither of these duties or authorities is shared by the subordinate officers of the Government, except when and as the same may be specifically communicated to them by the President. , I have thus called your attention to the gen eral considerations bearing upon the subject to Which your letter refers, for the purpose of securing a due observance of the limits of your duty and authority in connection therewith. Nothing can be less in accordance with the na ture of our Government or the disposition of our people than a frequent or ready resort to military aid in the execution of the duties confided to civil officers. Courage, vigor, and intrepidity are appropriate qualities for the civil service which the marshals of the United States are ex pected to perform, and a reinforcement of their power by extraordinary means is permitted by the law only in extraordinary emergencies. _ If it shall be thought that any occasion at any time exists for instructions to the military author ities of the United States within any of the States in connection with the execution of process of the courts of the United States, these instructions will be in accordance with the exigency then appearing. I am, sir, very respectfully, your obedient ser vant, Wm. M. Evarts, Attorney General. Headquaetees of the Army, Adjutant General's Office, Washington, August 25, 1868. Major General G. G. Meade, U. S. A., Commanding Department of Soutlt, Atlanta, Georgia. General: In reply to your request for in struction relative to the use of troops undet your command in aid of the civil authorities, the Secretary of War directs to be furnished for your information and government the enclosed copies of a letter of instructions to Brevet Major General Buchanan, commanding department of Louisiana, dated August 10, 1868, and of a letter from the Attorney General of the United States to Alexander Magruder, esq., United States marshal, northern district of Florida, dated August 20, 1868. The letter to General Buchanan indicates the conditions under which the military power of the United States may be employed to suppress insurrection against the government of any State, and prescribes the duties of the depart ment commander in reference thereto. The letter of the Attorney General sets forth the conditions under which the marshals and sheriffs may command the assistance of the troops in the respective districts or counties to execute lawful precepts issued to them by com petent authority. The obligation of the military, (individual offi cers and soldiers,) in common with all citizens, to obey the summons of a marshal or sheriff, must be held subordinate to their paramount duty as members of a permanent military body. Hence the troops can act only in their proper organized capacity, under their own officers, and in obedience to the immediate orders of their officers. The officer commanding troops sum moned to the aid of a marshal or sheriff must also judge for himself, and upon his own official responsibility, whether the service required of him is lawful and necessary, and compatible with the proper discharge of his ordinary mili tary duties, and muBt limit the action absolutely to proper aid in execution of the lawful precept exhibited to him by the marshal or sheriff. If time will permit, every demand from a civil officer for military aid, whether it be for the exe cution of civil process or to suppress insurrection, shall be forwarded to the President, with all the material facts in the case, for his orders ; and in all caees the highest commander whose orders can be given in time to meet the emergencies will alone assume the responsibility of action. 424 POLITICAL MANUAL. By a timely disposition of troops where there is reason -to apprehend a necessity for their use, and by their passive interposition between hos tile parties, dangers of collision may be averted. Department commanders, and in cases of ne cessity their subordinates, are expected, in this regard, to exercise, upon their own responsibility, a wise discretion, to the end that in any event the peace may be preserved. By command of General Grant. J. C. Kelton, Assistant Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, October 31, 1868. General Orders, No. 90. The following order has been received from the War Department, and is published for the information and guidance of all concerned : Soldiers may, for certain offences not strictly military, be sentenced by general court-martial to confinement in a penitentiary. If any State in a military department has made provision by law for confinement in a peniten tiary thereof of, prisoners under sentence by courts-martial of the United States, the depart ment commander may designate such peniten tiary as a place for the execution of any such sentence to penitentiary confinement; but if no such provision has been made by any State in the department, the record, will be forwarded to the Secretary of War for designation of a prison. The authority which has designated the place of confinement, or higher authority, can change the place, of confinement, or mitigate or remit the sentence. The same rules apply to prisoners sentenced by military commission, so long as the law under which the military commission acted is in force; but when that law ceases to be operative, the President alone can change the place of confine ment, or mitigate or remit the sentence. By command of General Grant. E. D. Townsend, Assistant Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, November 4, 1868. General Orders, No. 91. I. The following orders have been received from the War Department : War DSpartment, Washington City, November 4, 1868. By direction of the President, Brevet Major General E. E. S. Canby is hereby assigned to the command of the fifth military district, created by the act of Con gress of March 2, 1867, and ofthe military department of Texas, consisting of the State of Texas. He will, without unnecessary delay, turn over hispresentoom- mand to the next officer in rank, and proceed to the command to whioh he is hereby assigned, and; on as suming the same, will, when necessary to a faithful execution of the laws, exercise any and all powers conferred by acts of Congress upon district command ers, andany and all authority, pertaining to officers in command of military departments. , Brevet Major General J, J., Reynolds is hereby re lieved from the command of the fifth military dis trict. J. M. Sohofield, Secretary of War. II. In pursuance of the foregoing order of the President of the United States, Brevet Major General Canby will, on receipt of this order, turn over his present command to the officer next ib rank to himself, and proceed to' Austin, Texas, to relieve BrevetMajor General Reynolds of the command of the fifth military district. By. command of General Grant. E. D. Townsend, Assistant Adjutant General. Headquarters of the Army, Adjutant Geneeal's Office, Washington, March 5, 1869. General Orders, No. 10. The President of the United States directB that the following orders be carried into execution^ soon as practicable : 1. The department of the South will be com manded by Brigadier and, Brevet Major General A. H. Terry. 2. Major General G. G. Meade is assigned to command the military division of the Atlantic, and will transfer his headquarters to Philadel phia, Pennsylvania. He will turn over his pres ent command temporarily to Brevet Major Gerir eral T. H. Ruger, colonel 33d infantry, who is assigned to duty according to his brevet of major general while in the exercise of this command. 3. Major General P. H. Sheridan is assigned to command the department of Louisiana, and will turn over the command of the department of the Missouri temporarily to the next senior officer. 4. Major General W. S. Hancock is assigned to command the department of Dacotah. 5. Brigadier and Brevet Major General E. R. S. Canby is assigned to command the first mili tary district, and will proceed to his post as soon as relieved by Brevet Major General Reynolds. 6. Brevet Major General A. C. Gillem, colonel 24th infantry, will turn over the command of the fourth military district to the next senior officer, and join his regiment. 7. Brevet Major General J. J. Reynolds, colo nel 26th infantry, is assigned to command the fifth military district, according to his brevet of major general. 8. Brevet Major General W. H. Emory, colo nel 6th cavalry, is assigned to command the department of Washington, according to his brevet of major general. By command of the general of the army. E. D. Townsend, Assistant Adjutant General Headquarters of the Army, Adjutant General's Office, Washington, March 16, 1869 General Orders, No. 18. By direction of the President of the United States, the following changes are made in mili tary divisions and department commands : I. Lieutenant General P. H. Sheridan is as signed to command the military division of the Missouri. II. Major General H. W. Halleck is assigned to the command of the military division of the South, to be composed of the departments of the South and Louisiana, of the fourth military dis trict, and of the States composing the present department of the Cumberland, headquarters Louisville, Kentucky. Major General Halleck ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 425 will proceed to his new command as soon as relieved by Major General Thomas. JJI. Major General G. It. Thomas is assigned to command the imilitary division of the Pacific. IV. Major General J. M. Schofield is assigned to command the department of the Missouri The State of Illinois and post of Fort Smith, Arkansas, are transferred to this department. V. Brigadier and Brevet Major General 0. 0. Howard is assigned to command the department of Louisiana. Until; his arrival, the senior offi cer, Brevet Major General J. A. Mower, will com mand according to. his brevet of major general. VI. The department of Washington will be discontinued and merged in; the department of the East. The records will be sent to the adju- tan,tgeueral of the army. Vii. The first military district will be added to ;the military division of the AtVantic. VIII. As soon as Major General Thomas is ready to relinquish command of the department of, the, Cumberland, the department will be dis continued, and the States composing it will 'be added to other departments, to be hereafter desjgpated. The records will be forwarded to the .adjutant general of the army. By command of General Sherman : E. D. Townsend, Assistant Adjutant General, Headquarters op the Army, Adjutant General's Offioe, Washington, March 31, 1869. ( Special Orders, No. 76. Extract. ****** * 16;- By direction of the President of the United States, Brevet Major General A. S. Webb, U. S. army, is assigned to command the first military district, according to his brevet of major general, until the arrival of Brevet Major General Canby to. relieve him. He will accordingly repair to Eich'mond, Virginia, without delay. * * By command of General Sherman : E. D. Townsend, Assistant Adjutant General. Headquarters of the Army, Adjutant General's Office, Washington, April 3, 1869. General Orders, No. 29. I. By direction ofthe President of the United States, "paragraph VIII of General Orders, No. 18, of March 16, 1869, is hereby revoked. II. Brigadier and Brevet Major General P. St. G. Cooke, U. S. army, is assigned to the com mand of the department of the Cumberland when it shall be relinquished by Major General Thomas. * By oommand of General Sherman : E. D. Townsend, Assistant Adjutant General. OBDERS OF THE DISTRICT COMMANDERS.* First Military District— Virginia. Headquarters Depabtment of Virginia, Richmond, Va., June 23, 1869. General Order, No. 77. The laws of the State of Virginia and the or- •iCotoinued fromjp,325 Hand-Bookof Polities for 1868, or p. 65 Political Manual for 1868. dinances of the different municipalities within the State having especial reference to and made to restrain the personal liberty of free colored persons were designed for the government of such persons while living amid a population of colored slaves ; they were enacted in the inter ests of slave-owners, and were designed for tha security of slave property -. they were substan tially parts of the slave code. Slavery has been .abolished in Virginia; "and, therefore, upon the principle that where the reason of the law ceases the law itself ceases, these laws and ordinances have become obsolete. People of color will henceforth enjoy the same personal liberty that other citizens and inhabitants enjoy; they will be subject to the same restraints and to the same punishments for crime that are imposed on whites, and lo no others. Vagrancy, however, will not be permitted; neither whites nor blacks can be allowed to abandon their proper occupations, to desert their families, or roam in idleness about this depart ment; but neither whites nor blacks will be re strained from seeking employment elsewhere, when they cannot obtain it with just compensa tion at their homes, nor from travelling from place to place on proper and legitimate business. Until the civil tribunals are re-established, the administration of criminal justice must of neces sity be by military courts. Before such courts the evidence of colored persons will be received in all cases. By command of Major General A. H. Terry. Ed. W. Smith, A. A. 'G Official : A. R. S. Foote, A. A. G. 1869, February 8— All civil officers, corpora tions, <&c, required to make returns to the legis lature, ordered to make the same to headquarters. March 15 — The joint resolution respecting the provisional governments of Virginia and Texas was promulgated, and all officers unable to take the test oath removed, to take effect the 18th instant. March 18 — Removal in accordance with above order suspended till the 21st instant. March 21 — General Stoneman submitted his report, which showed tbat there were 5,446 offices in the State, 532 of which had been filled by General Schofield, 1,972 by General Stoneman, 329 could take the oath, and 2,613 were unfilled, owing to the difficulty in finding men able to take the test-oath. March 22 — The mayor of Richmond asked the commanding officer if the appointment of colored policemen would meet his approval, who on the 23d answered that it would, and so would their appointment to all positions to which they were eligible and for which thev were competent. March 27 — General Stoneman took upon him self the duties of governor, removing Governor Wells. March 30 — In compliance with Special Order, 75, A. G. 0., Brevet Major General A. G. Webb assumed command. April 2 — Governor Wells was reinstated. April 3 — It appearing that the organization of civil government under the reconstruction laws in certain counties proved to be impossible, since suitable persons to qualify and assume the duties of the various offices of this district, under the 426 POLITICAL MANUAL. laws of the United States, had not been found, military officers were again appointed in some sections of the State. April 20— General ,E. R. S. Canby assumed command. April 22— All officers of the provisional gov ernment ordered to take the test-oath. May 7 — Orders that " all persons elected or appointed to civil office who have subscribed the oath of office of July 2, 1862, and filed the same with county clerks or with other civil officers, as required by law, will cause duly cer tified copies of said oath to be made and filed at these headquarters, that their ability to qualify under the joint resolution of Congress passed February 6, 1869, (Public, No. 6,) may be defi nitely ascertained. A failure to send forward such oath will be an indication that the office is vacated under the resolution before cited." May 27 — Assigns military commissioners and superintendents of registration and election ; in vests the military commissioners with all the powers of justices of the peace and police magis trates, to be " governed in the execution of their duties by the laws of Virginia, except so far as those laws may conflict with the laws of the United States or with the orders issued from these headquarters;" places at their disposition all peace officers, in addition to troops ; makes it their duty to promptly report to headquarters all cases, and when parties are held for trial, either in confinement or under bail, the cases to be so fully reported as to enable the command ing general to decide whether they shall be tried by a military commission or a civil court ; de clares that the powers herein conferred upon military commissioners are not to be construed as extending to the inhabitants in their ordinary personal relations, but to the end that United States laws be duly executed and full protection given to all parties in their rights of person and property, and that they will only be exercised where the civil authorities refuse or fail to act, or exact and impartial justice from the civil courtB cannot be secured; all persons required to obey and execute all lawful orders of the mili tary commissioners. Civil officers not relieved from duty — this order being intended to aid and not supersede them — except in cases of necessity. The superintendents of registration and election districts are invested with similar but subordi nate powers to those of military commissioners, to or through whom they must report. June 29— The stay of executions against per sonal property extended until January 1, 1870: Provided, That between January 1 and August 1, 1869, the debtor shall have paid one year's interest upon the principal Bum due. June 30 — To guard against fraud, two ballot- boxes at each polling place: one to receive bal lots for or against the constitution as a whole, the other, for or against the separate clauses to be voted on ; a committee of not more than three persons from each political party to witness bal lot counting, but none save sworn election officers to examine or handle poll-lists, ballot-boxes, or ballots. In justification of his test-oath order, General Canby wrote the following letter : Headquaetees First Military District, ¦ State of Vibginia, :i Richmond, Va., June 26, 1869. '•¦¦¦ Mr. B. W. Gillis, Richmond, Va. Sib : I have received your note of the 23d in stant, and will state in reply to the inquiries therein made — First. That I have uniformly held that mem bers of the general assembly and State officers to be elected on the 6th proximo would be re quired to take, before entering upon the duties of their offices, the oath prescribed by the law of July 2, 1862, unless the constitution should first be approved by Congress, or the oath be otherwise dispensed with by law. Second. That this decision is in conformity with the action heretofore taken upon the same subject in another district, and was based upon a careful consideration of all the laws bearing upon the question now presented. The 6th section of the law of March 2, 1867, provides " That until the people of the said rebel States shall be by law admitted to representa tion in the Congress of the United States, any government which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States to abolish, modify, control, or supersede the same." The conditions that must precede this admission to representation are prescribed by the 5th section of the same law, the 5th section of the law of March 23, 1867, and the 6th section of the law of April 10, 1869. The same section prescribes the qualifications of voters in all elections to office, and the qualifications (eligibil ity) of officers under such provisional govern ments. The supplementary law of March 23, 1867, modified the qualifications of voters by prescribing registration and determining the con ditions essential to registration, and the amend atory law of March 13, 1868, section 2, applied the same qualifications (registered voters) to the voters for members of the House of Representa tives of the United States, and all elective offices provided for by those constitutions, at the elec tions to be held upon the questions of ratifying or rejecting the proposed constitutions, and the 9th section of the law of July 19, 1867, im- ' poses an additional qualification upon the offi cers, by requiring that they shall take the oath of office prescribed by the law of July 2, 1862. Under the original law of March 2, 1867, (sec tion 5,) it was in the power of the district com-: mander to prescribe an oath of office, conforming to the conditions of eligibility prescribed by that' section, and this in fact was done by several of, the district commanders in this district by, General Orders, No. 9, of April 5, 1867; and these oaths continued in force until they were superseded by the oath required by the law of July 19, 1867. That law placed the subject be- . yond the discretion and control of the district commander, and he cannot now prescribe or adopt any different oath without disregarding" or annulling a positive and controlling law. T have heretofore held, and do now hold, that the approval by Congress of any proposed constitu>_ tion makes it a part of the reconstruction laws, and, to tho extent that Congress directs or au thorises any action under it in advance of the ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 427 admission of the State, dispenses with the pro visions of any previous laws that conflict with it. In all other respects the constitutions and the governments organized under them remained inoperative until all tbe conditions of restora tion were satisfied.. It has been suggested re cently that this decision is in conflict with a decision made by the general of the army in relation to the State ot Georgia, on the 2d of March, 1868. The only decision of that date which I have been able to find relates to the State of Florida, and is in reply to a specific inauiry as to the qualifications of voters for offices under the constitution, "and to take office on the adoption of the constitution," and the answer is to be interpreted by the decision of January 13, 1868, that "The governments elected cannot assume authority except under the orders o'f the district commander, or after action of Congress on their constitutions." The decision in relation to Georgia is dated on the 29th of April, 1868. It is similar in import, and refers to the dispatch of March 2, and this has proba bly led to' the confusion of dates. It is in answer to a communication from the commander of the third military district, and applies directly and apparently exclusively to the 2d paragraph of General Orders, No. 61, third military district, of May 15, 1868, which provides that "inasmuch ai said general assembly, should the constitution now submitted to the people of the State be ratified by them, and be approved by Congress, is required to convene and adopt the proposed amendment to the Constitution designated as Article XIV before the State can be admitted to representation in Congress, it may be decided that the members of the said general assembly are, while taking this preliminary action, officers ofaprovisional government, and as such required, under the 9th section of the act of Congress, of July 19, 1867, to take the "test oath." This decision must also be interpreted by the decision of January 13th, and this I apprehend to be the proper rule of interpretation of all the correspondence upon this subject, as I have been unable to find any case in which the inquiry and answer did not relate to the status of these officers after the approval by Congress of the constitu tion under which they were elected. The law of Jane 25, 1868, approving the constitutions of several States, and authorizing specific action under them, was regarded by me as dispensing with .the oath of office prescribed by the law of July 2, 1862, first as to the members of the general UBembly, and after the ratification of the con stitutional amendment to the other State officers duly elected and qualified under those constitu tions. This construction, in its first application, did not include the governor and lieutenant gov ernor ; but as the organization of the legislature would have been incomplete without the lieu tenant governor, and as the legislative action required by the law might have been embarrassed by the action of the old incumbents, the general of the army directed that they should be re moved, and the governor and lieutenant governor elect should be appointed in their places. They were so appointed in North and South Carolina, qualified under their military appointment, and after the ratification of the constitutional amend ment again qualified under tbe constitutions of their States. The action taken in the first case was approved, and in the second, directed by the general of the array. It has also been suggested that the re- eonstruction laws are silent as to the qualification of officers to be elected under the proposed con stitutions and of voters at such elections, and that the laws under which the decision has been made are in conflict with the recent legislation of Congress (act of April 10, 1869) and with the XlVth article of the amendments to the Consti tution of the United States. The question with regard to the qualification of voters was raised in the case of the (then) proposed constitution of the State of Florida, and was settled by the 2d section of the law of March 13, 1868, which pro vides " That the constitutional conventions of any of the States named in the acts to which this is amendatory may provide, that at the time of voting upon the ratification of the constitution, the registered voters may vote also for members of the House of Representatives of the United StateB and for all elective officers provided by said constitution." The " voters" at the election to be held in this State for " members of the gen eral assembly," "State officers," and " members of Congress," under the authority of the 2d sec tion of the law of April 10, 1869, are determined by the 1st section of that law to. be the "voters of said State registered at the date of said sub mission (of the constitution) for ratification or rejection." The qualification of the officers rests upon the same basis, and must be governed by the reconstruction laws until the constitution becomes the controlling law, and this does not obtain until it has been approved by Congress. Over the remaining suggestions the district com mander has no control, and the question whether the laws are or are not in conflict with the con stitution must be determined by the Supreme Court of the United StateB. Very respectfully, your obedient servant, Ed. R. S Canby, Brevet Major General, commanding. Second Military District— North Carolina and South Carolina. 1868, July 2 — Various appointments of rail road directors, &c, made by Governor Worth annulled. July 2 — Legislature of North Carolina ratified the XlVth constitutional amendment. July 3 — General Canby telegraphed to Gov ernor Holden, " Your telegram announcing the ratification of the constitutional amendment by the Legislature of North Carolina has been re ceived, and instructions will be sent today to the military commanders in North Carolina to abstain from the exercise of any authority under the reconstruction laws, except to close up unfin ished business, and not to interfere in any civil matters unless the execution of the law of June 25, 1868, should be obstructed by unlawful or forcible opposition to the inauguration of the new State government." July 6 — -Issued instructions as to the course to be pursued by commanding officers on ratifica tion of XlVth amendment in North Carolina and issue of the President's proclamation. 428 POLITICAL MANUAL. July 9 — The Legislature of South Carolina ratified the XlVth constitutional amendment. July 13 — Order similar to that of July 6 in relation to South Carolina. July 24 — All authority conferred upon and heretofore exercised by the commander of the said second military district, by and under the aforecited law of March 2, 1867, remitted to the civil authorities constituted and organized in the said States of North Carolina and South Carolina under the constitutions adopted by the people thereof and approved by the Congress of the United States. Third Military District— Georgia, Florida, and Alabama. 1868, April 10 — The resignations of sheriffs in Georgia being very numerous on account of the near approach of the election, their, resignations were not received, and they were required to continue in the discharge of their duties till re lieved by further orders. Forbade the attempts of employers to control the action or will of their laborers as to voting, by threats of discharge or other oppressive means, under the penalty of fine and imprisonment An nounced it as the intention of the commanding general to secure to all duly registered voters an opportunity to vote "freely and without re straint, fear, or the influence of fraud." April 11 — Forbade all municipal elections in Georgia on the general election day. Forbade the assembling of any, armed bodies to discuss political questions. Forbade the. carrying of arms at or near polling places on election,. day. Enjoined the superintendents of registration and officers of Freedmen's Bureau to instruct the freedmen as to their rights. April 13 — It havingbeen, reported that many names have been stricken from the registered list of voters in Georgia without any cause, and it being the determination of the . commanding general that all the candidates shall be able to show, from official data, that, the. election was honestly and fairly conducted, all managers of elections were ordered to receive the votes of all, such persons, to be sent in a separate envelope with the returns of the election. April 15 — Members of the General Assembly of Georgia taking their seats before the ratifica tion of the XlVth constitutional amendment are officers of a provisional government, and required to take the test-oath. April 24 — Allowed the employment on the highway of such persons as had :been convicted of minor offences, permitted the use of the ball and chain where there was danger of escape, but the chain-gang not to be revived. May 11 — Declared the constitution of Georgia ratified by a majority' of 17,699. June 2 — Declared the constitution of Florida ratified by a majority of 5,050. June 9 — Legislature of. Florida ratified the XlVth constitutional amendment, June 28 — Rufus B. Bullock appointed, Gov ernor of Georgia, vice Brevet Brigadier General T. H. Ruger, to date from July 5. William H. Smith, Governor, vice R, M. Patton removed, and A. J. Applegate, Lieutenant. Governor, of Alabama, both to date from July 13, June '29 — All civil officers in Florida ordered to turn over all public property, Ac, to duly eleeted officers, and the district commander, on notification, of the inauguration, of ciyil. govern ment, to transfer, everything appertaining to the government of said State- to the proper civil officers, and to abstain in future upon any pre text whatever from any interference with or control over the civil authorities of the State in the persons and property of the citizens, thereof. July 2 — Forbade any court or ministerial offi cer in Georgia to enforce any judgment, decree; or execution against any real estate, except for taxes, money, tibrrowed. and . expended in th« improvement of. the homestead or for the pur chase-money of the same, and for labor done thereon, or material furnished therefor, or re moval of incumbrance thereon,, until the legis^ lature should have time to providesfor the setting apart and valuation of such property. July 3 — Governor R. B. Bullock ordered to effect organization, of the two houses of the leg islature of Georgia on the 4th inst. July 9 — Governor Wm. H. Smith orderpd to organize the two houses of the legislature of Alabama on the. 13th inst., having required ber forehand that each house shall be, purged of those who were obnoxious to the XlVth conBti: tutional amendment. July 13 — The, legislature of Alabama ratified the XlVth constitutional amendment. July 14— Military rule withdrawn from the State of Alabama. All prisoners ordered to be turned over to civil courts. Writs from State courtsto be answered, by, stating that the pris; oners are prisoners of the United States, and writ must come from United States court. July 21 — Legislature df Georgia ratified the XlVth constitutional amendment. July 22 — Military rule withdrawn from Geor gia. Headquartees Third Military District, (Dept. of Georgia, Florida, and Alabama,) Atlanta, Ga., July 30, 1868 General Orders, No. 108. I. The several States comprising this military district, having, by solemn acts .of their Assem-: blies, conformed to the requisitions ofthe act- of Congress which became a law June 25, 1868, and civjl government having been inaugurated in each, the military power vested in the district commander by the reconstruction laws, by the provisions of these laws ceases to exist, and hereafter all orders issued from these headquar ters, and bearing upon the rights of persons and property, will have in the several States of- Georgia, Alabama, and Florida only such force as may be given, to them by the courts and leg islatures of the respective States. * * .. By order of Major General Meade: S. F. Barstow, A. A. A. G. <¦-• Fourth Military District— Mississippi and Ar kansas. 1868, June 22— Arkansas admitted to repifc -• sentation in Congress. June 22 — Election in Mississippi, constitution defeated. June 30— Military rule withdrawn from Aw kansas. ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 429 August 5 — Arkansas detached from the fourth military district and attached to the department of Louisiana. 1869, March 23 — All offices held by persons unable to lake the test-oath and whose disabili ties have not been removed declared vacant. April 9 — Annuls an act of the legislature of Mississippi of 1867 in regard to poll-tax, fixing it at one dollar instead of two. No city or town allowed to levy a poll-tax. April 27 — Ordered that all persons, without aspect to race, color, or previous condition of servitude, who possess the qualifications pre scribed by article 135, page 499, of the Revised Code of 1857, shall be competent jurors. Fifth Military District— Louisiana and Texas. 1868, July 9 — Legislature of Louisiana rati fied the XLVth constitutional amendment. July 13 — Military rule withdrawn from Louis iana. August 4 — Louisiana detached, from the fifth military district. September 18^The constitutional convention of the.State of Texas, on the 25th day of August, 1868, levied a tax of one-fifth of one per cent. on tie assessment of 1868; which tax the asses sors and collectors now have instructions to col lect, Itisherebyordered thatthetaxbepromptly paid. Any obstruction or resistance to the col lection of said tax will be a violation of the law of Congress, and as such will be punished by military authority. {September 29 — No election for electors of Pre sident and Vice President of the United States will be held in the State of Texas on the 3d of Npyemher next. A.ny assemblages, proceedings, or acts for such purposes are hereby prohibited, and all citizens are admonished to, remain at home, or attend to their ordinary business on that day. -November 4 — General Reynolds removed from command. General E. R. S. Canby assigned to the fifth military. district. December 7 — the constitutional convention .1869, January 16 — Divided the State into posts, giving instructions as to the duties of the commanding officers of each, and calling on all good ..citizens to unite in enforcing the law and establishing a, good government. January 20 — Fortyds all military interference where civil, power. is sufficient to insure justice and order, and requires all things to be done as nearly in accordance with the laws of the States as may be, and promises the support of the mili tary in every case of.need to the civil authorities. January 21 — Authorizes post commanders to admittp bail, persons not subject to Articles of War held in military arrest. Prescribes the form ^ofbond,\\ "II. The commanding general is, advised that ju some of the counties of this State it has been .the practice of the sheriff,, in calling for .assist ance in the execution of legal process, to summon only persons who are of the same politisal party. The administration of justice should not only be impartial, but its agents should be free from the "nepicion of political or partisan bias; and it ;is paade »he duty of all sheriffs and peace ofiVers in all cases where they may. lawfully require assistance, to summon substantial citizens of the county, whose social and material interests ara involved in tbe peace and prosperity of the com munity, without reference to their political opinions. "For like reasons, no person who is person ally or pecuniarily interested in any issue to be triced will hereafter be deputed to serve or be summoned to aid in the service of any legal process connected with the particular cause of action." Headq'rs Fifth Military District, Austin, Texas, April 7, 1869. General Orders, No. 68. The provisions of chapter 63, general laws of the 11th legislature, State of Texas, passed Oc tober 27, 1866, are so modified, that hereafter no county judge or county court shall apprentice any child whose relatives, either by consan guinity or affinity, take such care of it as to pre vent its becoming a charge upon the public; and in every case where a child has been apprenticed by the county court since the 19th day of June, 1865, the. -indentures shall be cancelled by the court that ordered them, when the relatives of such child, either by consanguinity or affinity, apply to the county court for the custody and care of it. It is further ordered, that the bond required by section 5 of said act shall, in addition to the conditions therein prescribed, provide for the tuition of such child in some private or public school for three months in every year of the apprenticeship. * * In. any case where a sale of real estate may be made under execution or other judicial pro cess, or " under a mortgage or deed of trust," and the proceeds of such sale are for the benefit of the State of Texas, the Governor and attor ney, general may direct that such real estate shall be bid in for the State, if in their judgment the interest of the State will thereby be pro moted ; and the deed in such case shall be exe cuted tq the State of Texas in the same manner and witb like effect as if the purchase had been made by an individual. The State of Texas shall in no case be required to give any bond or other security in the prose cution of its suits or remedies in the courts of the State. The operation of the act of the 11th leg islature of Texas, providing " for the educa tion of indigent white children of the several counties of the State," passed November 12, 1866, is hereby suspended until the legislature shall provide for an equal system of common schools. All moueys collected for the purposes named.in the act above cited, and not paid out or due under existing contracts or agreements, are hereby directed to be paid to the treasurers of the several counties wherein the same shall have been collected, and said treasurers are di rected and required to receipt and account for tho same as by law required with reference to other moneys not applicable to any special fund or purpose. By command of Bvt. Maj. Gen. E. R. S. Canby: Louis V- Caziaeo, A.DC.A A A.G. 430 POLITICAL MANUAL. April 8 — Gen. Canby relinquished command, and Gen. 3. J. Reynolds resumed it. April 12. — All civil officers in the State who cannot take the test-oath will cease to perform official duties on the 25th instant. New Constitution of Texas. The constitution of the State of Texas, adopted by the convention, and to be submitted to a vote of the people at a time to be indicated by the President, contains in the preamble an acknowl edgment, with gratitude, of the grace of God in permitting them to make a choice of our form of government. In the bill of rights are these declarations : That the heresies of nullification and secession, which brought the country to grief, may be elim inated from political discussion, that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to us and our posterity, we de clare that — The Constitution of the United States, and the laws and treaties made and to be made in pur suance thereof, are acknowledged to be the su- Ereme law ; that this constitution is framed in armony with and in subordination thereto ; and that the fundamental principles embodied herein can only be changed subject to the national au thority. All freemen, when they form a social compact, have equal rights, and no man or set of men is entitled to exclusive separate public emoluments or privileges. No law shall be passed depriving a party of any remedy of the enforcement of a contract which existed when the contract was made. No person shall ever be imprisoned for debt. No citizen of this State shall be deprived of life, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of primogeniture or entailment ever be in force in this State. The equality of all persons before the law is herein recognized, and shall ever remain invio late; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor be ex empted from any burdens or duty, on account of race, color, or 'previous condition. Importations of persons under the name of "coolies," or any other designation, or the adoption of any system of peonage, whereby the helpless and unfortunate may be reduced to partial bondage, shall never De authorized or tolerated by the laws of the State ; and neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall ever exist in the State. Every male person who shall have attained the age of twenty-one years, and who shall be (or who shall have declared his intention to be come) a citizen of .the United States, or who is at the time of the acceptance of this constitution by the Congress of the United States a citizen of Texas, and shall have resided in the State one year next preceding an election, and the laatsir months within the district or county, in which he offers to vote and is duly registered, (Indians not taxed excepted,) shall be deemed a qualified elector : and should such qualified elector hap pen to be in any other county, situated in the district in which he resides, at the time of an election, he shall be permitted to vote for any district officer; provided that the qualified elec tor shall be permitted to vote anywhere in the State for State officers; and provided further, that no soldier, seaman, or marine in the army or navy of the United States shall be entitled to vote at any election created by this constitution, Senators shall be chosen for six yearsj'and representatives for two. The governor forfqur. The legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets., • It shall Le the duty of the legislature to imme diately expel from the body any member:who shall receive or offer a bribe, or suffer his vote influenced by promise of preferment or reward ; and every person so offending and so expelled shall thereafter be disabled from holding any office of honor, trust, or profit in this State. . The legislature shall proceed, as early as prac ticable, to elect senators to represent this State in the Senate of tbe United States ; and ako provide for future elections of representatives to the Congress of the United States; and on the second Tuesday after the first assembling of the legislature after the ratification of this constitu tion the legislature shall proceed to ratify the Xlllth and XlVth articles of amendment to the Constitution of the United States of America! • The governor may at all times require in formation in writing from all the officers of fhe executive department on any subject relating to the duties of their offices, and he shall have a general supervision and control over them. He shall have the power of removal of each of said officers, except the lieutenant governor, for mis feasance, malfeasance, or nonfeasance ; but the reasons and causes of such removal shall be com municated in writing by him to the senate at the first meeting of the legislature which occurs after such removal, for its approval or disapproval; if disapproved by the senate, it may restore the displaced incumbent by a vote of that body. The governor has the veto power, subject to an overriding vote of two-thirds of each House. The supreme judges to be appointed by flie governor, with approval of the senate, to serve for nine years. Every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under the disabilities named in this constitution, without distinction of race, color, or former condition, who Bhall be a resident of this State at the time of the adoption of this constitution, or who shall hereafter reside .in this State one year, and in the county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now or hereafter may be elected by the people, and upon all questions submitted to the electors at any election ; provided, that no person shall be allowed to vote or hold office who is now or hereafter may be disqualified thereby by the Constitution of the United States, NEW CONSTITUTION OF TEXAS. 481 until such disqualification shall be removed by the Congress of the United States ; provided, further, that no person while kept in any asylum, or confined in prison, or who has been convicted of felony, or who is of unsound mind, Bhall be allowed to vote or hold office. It shall be tbe duty of the legislature of the State to make suitable provisions for the support and maintenance of a system of public free schools, for the gratuitous instruction of all the inhabitants of this State between the ages of six and eighteen years. The legislature shall establish a uniform sys tem of public free schools throughout the State. The legislature at its first session (or as soon thereafter as may be possible) shall pass such laws as will require the attendance on the pub lic free schools of the State of all the scholastic population thereof for the period of at least four months of each and every year ; provided, that whenever any of the scholastic inhabitants may be shown to nave received regular instruc tion for said period of time in each and every year from any private teacher having a proper certificate of competency, this shall exempt them from the operation of the laws contem plated by this section. As a basis for the establishment and endow ment of said public free schools, all the funds, lands, and other property heretofore set apart and appropriated for the support and mainte nance of public schools shall constitute the public school fund ; and all sums of money that may come to this State hereafter from the sale of any portion of the public domain of the State cf Texas shall also constitute a part of the public Bchool fund. And the legislature shall appro priate all the proceeds resulting from sales of public lands of this State to such public sohool fund. And the legislature shall set apart, for the benefit of public schools, one-fourth of the annual revenue derivable from general taxation, and shall also cause to be levied and collected an annual poll-tax of one dollar on all male persons in this State between the ages of twenty- one and sixty years for the benefit of public schools. And said fund and the income derived therefrom, and the taxes herein provided for .school purposes, shall be a perpetual fund, to be applied, as needed, exclusively for the education of all the scholastic inhabitants of this State, and no law shall ever be made appropriating Buch fund for any other use or purpose whatever. The legislature shall, if necessary, in addition to the income derived from the public school fund and from the taxes for school purposes pro vided for in the foregoing section, provide for the raising of such amount, by taxation, in the .Several school districts in the State, as will be necessary to provide the necessary school-houses in each district and insure the education of all the scholastic inhabitants of the several dis tricts. The public lands heretofore given to counties Bhall be under the control of the legislature, and may be sold under such regulations as the legis lature may prescribe, and in such case the pro ceeds of the same shall be added to the public school fund. The legislature shall, at its first session, (and from time to time thereafter, as may be found necessary,) provide all needful rules and regula tions for the purpose of carrying into effect the provisions of this article. It is made the imper ative duty of the legislature to see to it that all the children in the State, within the scholastic age, are without delay provided with ample means of education. The legislature shall annu ally appropriate for school purposes, and to be equally distributed among all the scholastic population of the State, the interest accruing on the school fund and the income derived from taxation for school purposes, and shall, from time to time, as may be necessary, invest the principal of the school fund in the bonds of the United States Government, and in no other security. To every head of a family, who has not a homestead, there shall be donated one hundred and sixty acres of land out of the public do main, upon the condition that he will select, locate, and occupy the same for three years, and pay the office fees on the same. To all Bingle men twenty-one years of age there shall be donated eighty acres of land out of the public domain, upon the same terms and conditions as are imposed upon the head of a family. Members of the legislature, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation : " I (A. B.) do solemnly swear (or affirm), that I will faithfully and impartially discharge and perform all duties incumbent on me as , according to the best of my skill and ability, and that I will support the Constitution and laws of the United States and of this State. And I do further swear (or affirm), that since the acceptance of this constitution by the Congress of the United States, I, being a citizen of this State, have not fought a duel with deadly weapons, or com mitted an assault upon any person with deadly weapons, or sent or accepted a challenge to fight a duel with deadly weapons, or acted as second in fighting a duel, or knowingly aided or as sisted any one thus offending, either within the State or out of it; that I am not disqualified from holding office under the 14th amendment to the Constitution of the United States, (or, as the case may be, my disability to hold office under the XIV amendment to the Constitution of the United States has been removed by act of Congress ;) and, further, that I am a qualified elector in this State." Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of brib ery, perjury, forgery, or other high crimes The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties all undue influence thereon from power, bribery, tumult, or other improper practice: The legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution, and shall not grant extra compen sation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for the performance of the same ; nor grant, by appro- 432 POLITICAL MANUAL. priation or otherwise, any amount of money out of the treasury of the State, to any indi vidual, on a claim, real or pretended, where the same shall not have been provided for by pre existing law. General laws, regulating the adoption, of chil dren, emancipation of minors, and the granting of divorces, shall be made; but no special law shall be enacted relating to particular or indi vidual cases. The rights of married women to their separate property, real and personal, and the increase of the same, shall be protected by law ; and mar ried women, infants, and insane persons, shall not be barred of their rights of property by ad verse possession or law of limitation of less than seven years from and after the removal of each and all of their respective legal disabilities. The legislature shall have power, and it shall be their duty, to protect by law from forced sale a certain portion of the property of all heads of families. The homestead of a family, pot to ex ceed two hundred acres of land, (not included in a city, town, or village,) or any . city, town, or village lot or lots, not' to exceed fiye. thousand dollars in value at the time of their designation as a homestead, and without reference to the value of any'improvements'thereon, shall not be subject to forced sales for debts, except they be for the purchase theroof.for the taxes assessed thereon, or for labor and materials expended thereon ; nor shall the owner, if a married man, be at liberty to alienate the same unless by the consent of the wife, and in iuch manner as may be prescribed by law. All persons who, at any time heretofore lived together as husband and wife, and, both of whom, by the law of bondage, were precluded from the rites of matrimony, and continued to , live to gether until the death of one of the, parties, shall be considered as having been legally .married, and the issue of such cohabitation shall be deemed legitimate , and all such persons as may be now living together in such relation shall be consid ered as having been legally married, and the children heretofore or hereafter born of such co habitations shall be deemed legitimate. No minister of the Gospel, or priest of any de nomination whatever, who accepts a seat in the legislature as representative, shall, after such ac ceptance, be allowed to claim exemption from military service, road duty, or serving on juries, by reason of his said profession. The ordinance of the convention passed on the first day of February, A. D. 1861, commonly known as the ordinanceof secession, was, in con travention of the Constitution and laws of the United States, and therefore null and void from the beginning; and all laws and parts of laws founded upon said ordinance were also null and void from the date of their passage. The legis latures' which sat in the State of Texas from the 18th day of March, A. D. 1861, .until, the 6th'day of August, A. D. 1866, had no constitutional au thority to make laws. binding upon the people of the State of Texas : Provided. That this section shall not be construed to inhibit the authorises of this State from re peoting and enforcing such rules and regulations as were prescribed by the said legislatures which were not in violation of the Constitution and laws of the United States, or in aid of the rebellion against the United States, or prejudicial to citizens of this State who were loyal to the United States, and which' have been actually in force or observed in Texas du ring the above period of time, nor to affect pre judicially private rights which may have grown up under such rules and regulations, nor to in validate offioial acts not in aid of the rebellion against the United States during said period of time. The legislature which assembled in the city of Austin on the 6th day of August, A. D. 1866, was provisional only, and its acts are to be respected. only so. far as they were not in vio lation of the Constitution and laws of the United States, or were not intended to reward those who participated in the rebellion or discriminate be tween citizens on account of race or color, or to operate prejudicially to any class of citizens'. All debts created by the so-called State of Texas from aud after the 28th day of January, A. D. 1861, and prior to the 5th day of August, 1865, were and are hull and void, and. the legis lature is prohibited from making any provision for the acknowledgment, or payment of such debts. All unpaid balances, whether of salary, per diem, or monthly allowance due to employees of the State, who were in the service thereof on the said 28th day of January, 1861, civil or mil itary, and who. gave their "aid, countenance, Or support to the rebellion then inaugurated against ' the Government of the United States, or turned their arms against the said Government, thereby forfeited the sums severally drie to them. All the ten per cent, warrants issued for military services, and exchanged during the rebellion at the treasury for non-interest warrants, are hereby declared to have. been fully paid and dis charged -.'Provided, That any loyal person, or hia or her heirs or legal representatives, may, by proper legal.proceedings, to be commenced within two years after the acceptance of this constitu tion by the Congress of the United States, show proof in avoidance of any contract. made, or. re vise or annul any decree or 'judgment rendered since the said 28th day of January, 1861, when, through fraud practiced or threats of violence used towards such persons, no adequate consid eration for the contract has been received^ or when, through absence from the State of such person, or through political prejudice against such person, the decision complained of was not fair or impartial, All the qualified voters of each county shall also be qualified jurors of such county. Four congressional districts are established, jto continue till otherwise provided by law. The election on the adoption of the constitu tion to be held on the first Monday in July, 1869, at the places and under the regulations to be. prescribed by the commanding general of, the military district. XLV. JUDICIAL DECISIONS, AND THE OPINION OF THE ATTORNEY GENERAL OF THE UNITED STATES ON THE JURISDICTION OF MILITARY COMMISSIONS. v SuPKEHE COURT OF THE UNITED STATES. On the Right of a State to Tax Passengers Pass ing through it. No. 85, December Teem, 1867. William H. Crandall, pl'ff in error,') In error to the su- „, preme court of vs- ' the State of Ne llie State of Nevada. J vada. Mr. Justice Miller delivered the opinion of the court. The question for the first time presented to the court by this record is one of importance. The proposition to be considered is the right of a Sl:a'te to levy a tax upon persons residing in the State who may wish to get out of it, and upon persons not residing in it who may have occa sion to pass through it. It is to be regretted that such a question should be submitted to our consideration with neither brief nor argument on the part of plain tiff in error. But our regret is diminished by the reflection, that the principles which must goyern its determination havetieen the subject of much consideration in cases heretofore de cided by this court. ' fae plaintiff in error, who was the agent of a stage1 company engaged "in carrying passen gers through the State of Nevada, was arrested For refusing to report the number of passengers 0>at had been carried by the coaches of his com- §any, and for refusing to pay the tax of one pilar imposed on each passenger by the law of that State. He pleaded in good form that the law of the State under which he was prosecuted was void, because it was in conflict with the Constitution of tbe United States ; and his plea being overruled, the case came into the supreme cour.t of'the State, where it was decided against the claim thus set up under the Federal Con stitution. _ The provisions of the statute charged to be in violation of the Constitution are to De found in sections 90 and 91 of the revenue act of 1865, page 271 of the statutes of Nevada for that year. Section 90 enacts, that " there shall be levied and collected a capitation tax of one dollar upon evejry person leaving the State by any railroad, stage-coach, or other vehicle en gaged or employed in the business of transport ing passengers for hire;" and that the proprie tors,' owners, and corporations so engaged shall pay said tax of one dollar for each ' and every person so conveyed or transported from the State. Section 91, for the purpose of collecting the tax, requires from persons engaged in such business, or their agents, a report every month, under oath, of the' number of passengers so 28 transported, and the payment of the tax to the sheriff or other proper officer. . It is claimed by counsel for the State that the tax thus levied is not a tax upon the passenger, but upon the business of the carrier who trans ports nim. If the act were much more skillfully drawn to sustain this hypothesis than it is, we should be very reluctant to admit that any form of words which had the effect to compel every person trav eling through the country by the common and usual modes of public conveyance to pay a spe cific sum to the State was not a tax upon the right thus exercised. The statute before us is not, however, embarrassed by any nice difficul ties of this character. The language which we have just quoted is, that there shall be levied and collected a capitation tax upon every person leaving the State by any railroad or stage-coach, and the remaining provisions of the act, which refer to this tax., only provide a mode of collect ing it. The officers and agents of the railroad companies and the proprietors of the stage coaches are made responsible for this, and so become the collectors of the tax. We shall have occasion to refer hereafter some what in detail to the opinions of the judges of this court in the Passenger Cases, 7 Howard, in which there were wide differences on several points involved in the case before us. In the case from New York then under consideration the statute provided that the health commissioner should be entitled to demand and receive from the master of every vessel that should arrive in the port of New York from a foreign port $1 50 for every cabin passenger and $1 for. each steer age passenger, and from each coasting vessel twenty-five cents for every person on board. That statute does not use language so strong, as the Nevada statute, indicative of a personal tax on the passenger, but merely taxes the mastei; of the vessel according to the number of his- passengers ; but the court held it to be a tax upon the passenger, and that the master was the agent ofthe State for its collection. Chief Jus tice Taney, while he differed from the majority of the court, and held the law to be valid, said of the tax levied by the analogous statute of Massachusetts, that "its payment is the condi tion upon which fhe State permits the alien pas senger to come on shore and mingle with its- citizens and to reside among them. It is de manded of the captain, and not from every sep arate passenger, for convenience of collection. But the burden evidently falls upon the passen ger, and he in fact pays it, either in the enhanced! price of his passage or directly to the captain. before he is allowed to embark, for the voyage. 51 434 political manual. The nature of the transaction and the ordinary course of business show that thiB must be so." Having determined that the statute of Nevada imposes a tax upon the passenger for the privi lege of leaving the State, or passing through it by the Ordinary mode of passenger travel, we proceed to inquire if it is for that reason in con flict with the Constitution of the United States. In the argument of the counsel for the de fendant in error, and in the opinion of the su preme court of Nevada, which is found in the record, it is assumed that this question must be decided by an exclusive reference to two pro visions of the Constitution, namely : that which forbids any State, without the consent of Con gress, to lay any imposts or duties on imports or exports, and that which confers on Congress the power to regulate commerce with foreign nations and among the several States. The question as thus narrowed is not free from difficulties. Can a citizen of the United States traveling from one part of the Union to another be called an export? It was insisted in the Passenger Cases, to which we have already referred, that foreigners coming to this country were imports within the meaning of the Con stitution, and the provision of that instrument that the migration or importation of such per sons, as any of the States then existing should think proper to admit shbuld not be prohibited prior to the year 1808, but that a tax might be imposed on such importation was relied on as showing that the word import applied to per sons as well as to merchandize. It was answered that this latter clause had exclusive reference to slaves, who were property as well as persons, and therefore proved nothing. While some of the judges who concurred in holding those laws to be unconstitutional gave as one of their reasons that they were taxes on imports, it is evident that this view did not receive the assent of a majority of the court. The application of this provision of the Constitution to the propo sition which we have stated in regard to the citizen is still less satisfactory than it would be to the case of foreigners migrating to the United States. But it is unnecessary to consider this point further in the view which we have taken of the case. As regards the commerce clause of the Con stitution, two propositions are advanced on be half of the defendant in error : 1. That the tax imposed by the State on passengers is not a reg ulation of commerce 2. That if it can be so con sidered it is one of those powers which the States can exercise until Congress has so legis lated as to indicate its intention to exclude State legislation on the same subject. The proposition that the power to regulate commerce, .as granted to Congress by the Consti tution, necessarily excludes the exercise by the States of any of the power thus granted, is one which has been much considered in this court, and the earlier discussions left the question in much doubt. As late as the January term ,1849, the opinions of the judges in the Passenger Cases' show that the question was considered to be one of much importance in.thosecases, and was even then unsettled, though previous decisions of the court were relied on by the judges themselves as deciding it in different ways. It was certainly, so far as those cases affected it, left au open question. In the case of Cooley vs. Board of Wardens, 12 Howard, 299, four years later, the same ques tion came directly before the court in reference to the local laws of the port of Philadelphia concerning pilots. It was claimed that they constituted a regulation of commerce, and were therefore void. The court held that they did come within the meaning of the term "to regu late commerce," but that until Congress made regulations concerning pilots the States were competent to do so. Perhaps no more satisfactory solution has ever been given of this vexed 'question than the one furnislied by the court in that case. After show ing that there are some powers granted to Con gress which are exclusive of similar powere in the States, because they are declared to be so, and that other powers are necessarily so from their very nature, the court proceeds to say, that the authority to regulate commerce with foreign nations and among the States includes within its compass powers which can only be exercised by Congress, as well as powers which, from their nature, can best be exercised by the State legis latures, to which latter class the regulation of pilots belongs. "Whatever subjects of this power are iu their nature national, or adniit of one uniform system or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress." In the case of Gillman vi. Philadelphia,. 3 Wallace, 713, this doctrine is reaffirmed, and under it a bridge across a stream navigable from the ocean, authorized by State law, was held to be well authorized in the absence of any legislation "by Congress affecting the matter. It may be that under the power to regulate commerce among the States, Congress has au thority to pass laws, the operation of which would be inconsistent with the tax imposed by the State of Nevada, but we know of no such statute now in existence. Inasmuch, therefore, as the tax does not itself institute any regulation ofcom- merce of a national character, or which has a uniform operation over the whole country, it iB not easy to maintain, in view of the principles on which those cases were decided, that it violates the clause of the Federal Constitution which we have had under review. But we do not concede that the question be fore us is to be determined by the two clauses of the Constitution which we have been examining. Thepeople of these United States constitute one nation. They have a Government in which' all of them are deeply interested. This Government has necessarily a capital established by law, where its principal operations are conducted. Here sits its legislature, composed of senators and representatives from the States and from the people of the States. Here resides the Presi dent, directing through thousands of agents tht execution of the laws over all this vast country. Here is the seat of the supreme judicial power of the nation, to which all its citizens have a right to resort to claim justice at its hands. Here are the great executive departments, administering JUDICIAL DECISIONS, ETC. 495 the offices of the mails, of the public lands, of the collection and distribution of the public revenues, and of our foreign relations. These are all estab lished and conducted under the admitted powers of the Federal Government. That Government has a right to call to this point any or all of its citizens to aid in its service, as members of the Congress, of the courts, of the executive depart ments, and to fill all its other offices ; and this right caunot be made to depend upon the plea sure of a State, over whose territory they must pass to reach the point where these services must be rendered. The Government also has its offices of secondary importance in all other parts of the country. On the seacoasts and on the rivers it has its ports of entry. In the interior it has its land offices, its revenue offices, and its sub-treas uries. In all these it demands the services of its citizens, and is entitled to bring them to those -points from all quarters of the nation, and no power can exist in a State to obstruct this right - that would not enable it to defeat the purposes for which the Government was established. The federal power has a right to declare and prosecute wars, and, as a necessary incident, to raise and transport troops through and over the - territory of any State of the Union. If this right is dependent in any sense, how ever limited, upon the pleasure of a State, the Government itself may be overthrown by an ob- 1 struction to its exercise. Much the largest part of the transportation of troops during the late rebellion was by railroads, and largely through States whose people were hostile to the Union. If the tax levied Dy Nevada on railroad passen gers had been the laV of Tennessee, enlarged to ineet the wishes of her people, the treasury of the United States could not have paid the tax ¦ necessary to enable its armies to pass through her territory. But if the Government has these rights on her own account, the citizen also has correlative rights. He has the right to come to the seat of Government to assert any claim he may have Upon that Government, or to transact any busi ness he may have with it; to seek its protec tion, to share its offices, to engage in adminis tering its functions. He has a right to free access to its sea-ports, through which all the operations of foreign trade and commerce are conducted, to the sub-treasuries, the land offices, the revenue offices, and the courts of justice in the several States, and this right is in its nature ^independent of the will of any State over whose Boil'he must pass in the exercise of it. The views here advanced are neither novel nor unsupported by authority. The question of the taxing power of the StateB, as its exercise has affected the functions of the Federal Government, haB been repeatedly considered by this court, and the right of the States in this mode to impede or embarrass the constitutional operations of that Government, or the rights which its citizens hold under it, has been uniformly denied. The leading case of this class is that Of McCul- loch vs. Maryland, (4 Wheaton, 316.) The case is one every way important, and is familiar to the statesman and the constitutional lawyer. The Congress, for the purpose of aiding the fiscal Operations of the Government, had chartered the Bank of the United States, with authority to es tablish branches in the different States, and to issue notes for circulation. The legislature of Maryland had levied a tax upon these circulat ing notes, which the bank refused to pay, on the ground that the statute was void by reason of its antagonism to the Federal Constitution. No particular provision of the Constitution was pointed to as prohibiting tbe taxation by the State. Indeed, the authority of Congress to create the bank, which was strenuously denied, and the discussion of which constituted an im portant element in the opinion of the court, was not based by that opinion on any express gftnt of power, but was claimed to be necessary and proper to enable the Government to carry out its authority to raise a revenue, and to transfer and disburse the same. It was argued also that the tax on the circulation operated very remotely, if at all, on the only functions of the bank in which the Government was interested. But the court, by a unanimous judgment, held the law of Ma ryland to be unconstitutional. It is not possible to condense the conclusive argument of Chief Justice Marshall in that case, and it is too familiar to justify its reproduction here ; but an extract or two, in which the re sults of his reasoning are stated, will serve to show its applicability to the case before us. " That the power of taxing the bank by the States," he says, " may be exercised so as to destroy it is too obvious to be denied. But tax ation is said to be an absolute power, which ac knowledges no other limits than those prescribed by the Constitution, and, like sovereign power of any description, is trusted to the discretion of those who use it. But the very terms of this argument admit that -the sovereignty of the State in the article of taxation is subordinate to and may be controlled by the Constitution of the United States." Again he says : " We find then on just theory a total failure of the origi nal right to tax the means employed by the Government of the Union for the execution of its powers. The right never existed, and the question of its surrender cannot arise. * * " That the power to tax involves the power to destroy : that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very means, is declared to be supreme over that which exerts the con trol are propositions not to be denied. If the States may tax one instrument employed by the Government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights ; they may tax the papers of the custom-house; they may tax ju dicial process; they may tax all the means em ployee; by the Government to an excess which would defeat all the ends of Government. This was not intended by the American people. They. did not design to make their Government de pendent on the States." It will be observed that it was not the extent of the tax in that case which was complained of, but the right to levy any tax of that char- POLITICAL manual. acter. So, in the case before us, jt may be said that a tax of one dollar for passing through the State of Nevada, by stage coach qr by railroad, cannot sensibly affect any function of the Gov ernment, or deprive a citizen of any valuable right. But if the State can tax a railroad passen ger one dollar, it can tax him one thousand dollars. If one State can do this, so can every other State. And thus one or more States, covering the only practicable routes of travel from the east to the west, or from the north to .the south, may to tally prevent or' seriously burden all transpor tation of passengers from one part of the country to the other. A case of another character, in which the tax ing power, as exercisedby a State, was held void, because repugnant to the Federal Constitution, is that of Brown vs. The S,tate of ' Maryland, (12 Wheaton, 412 ) The State of Maryland required all importers of foreign merchandize who sold the same by wholesale, by bale or by package, to take out a license, and this act was claimed to be unconsti tutional. The court 'held it to be bo on three different grounds: first; that itwas'a duty on imports; second, that it was a regulation of com merce; and, third, that the importer who had paid the duties imposed by the- United States had acquired a right to sell his goods in the same original packages in which tney were imported. To say nothing of the first and second grounds, we have in the third a tax of a State declared to be void because it interfered with the exercise of a right derived .by the importer from the laws of theUhited .States'. If the right ofpassing through a State by a citizen of the United States is one guarantied to him by the Constitution, it must be as sacred from State taxation as the right de rived by the importer from the payment of duties to sell the goods on which the duties were paid. In the case of Weston -us. The City of Charles ton, (2 Peters, 447,) we have a case of State tax ation of still another class, held to be void as an interference with the rights of the Federal Gov ernment. The tax in that instance was imposed on bonds or stocks of the United States, in com mon with all other securities of thesame, character. It was held by the court that the free and buc- cesBful operation of the Government required it at times to borrow money; that to borrow money it was necessary to issue this class of national securities, and that if the States could tax these securities, they might so tax them as to seriously impair or totally destroy the power of the Gov ernment to borrpw. ' This case, itself based on the doctrines advanced by the court in'McCul- loch vs. The State of Maryland, has been followed in all the recent cases involving State taxation of Government bonds, from that of The People of New York vs. Tax Commissioners, (2 Black, 620,). to the decisions of the court at this term. In all these cases the opponents of , the taxes levied by the States' were1 able to place their opposition on no express provision of the Con stitution, except in ,that of Brown vs. Maryland. But in all the other cases, and in that case also, the court distinctly placed the invalidity of the' State taxes on the ground that they interfered with an authority of the Federal' Government, which was itself only to be sustained as neces sary and proper to the exercise of some other power expressly granted. In the Passenger .Cases, to which reference has already been made, Justice' Grier, with whom Justice Catron concurred, makes this one of the four propositions on which they held'the tax void in those cases. Judge Wayne expresses his assent to Judge Grier'a views ; and perhaps this ground received the concurrence of more of the members of the court who constituted the majority than any other. But the principles here laid down may be found more clearly stated in the dissenting opin ion of the Chief Justice in those cases, and with more direct pertinency to the case now before us, than anywhere else. After expressing his views fully in favor of the validity of the tax, which he said had ex clusive reference to foreigners, so far as those cases were concerned, he proceeds to say, for the purpose of preventing misapprehension, that so far as the tax affected American citizens it could not in his opinion be maintained. He then adds: "Living as we do under a common gov ernment, charged with the great concerns ofthe whole Union, every citizen of the United States, from the most remote States or Territories, is entitled to free access, not only to tbe principal departments established at Washington, but also to its judicial tribunals and public offices- in every State in the Union. * * * For all the great purposes for which the Federal Gov ernment was formed we are one people, with one common country. We are all citizens of ibo United States, and as members of the same com munity must have the right to pass and repass through every part of it without interruption as freely as in our own States. And a' tax im posed by a State for entering ita territories or harbors is inconsistent with the rights' which belong to citizens of other States as member's of the Union, and with the objects which that Union was intended to attain. Such a powerful the States could produce nothing' but discoid arid mutual irritation, and they Very clearly do not possesB it." Although these remarks are found in a dissent ing opinion, they do not relate to tbe matter on which the dissent was founded. They accord with the inferences which we have already drawn from the Constitution itself, and from the decis ions of this court in exposition of that instru ment. Those principles, as we have already stated them in this opinion, must govern the present case. The judgment of the Supreme Court of fhe State of Nevada is therefore reversed, and the case remanded to that court, with directions to discharge the plaintiff in error from custody. Mr^ Justice Clifford: I agree that the State law in question is unconstitutional and void, but I am not able to concur in the principal reasons assigned in the opinion of the court in support of that conclusion. On the contrary, I hold that the act of ths State legislature is inconsistent with the po^sr conferred upon Congress to regulate commerce among the several States, and I think the judg- 437 ment of the court should have been placed exclu sively upon that ground. ., Strong doubts are entertained by me whether Congress possesses the power to levy any such Hax; but whether so or not, I am cleat that the State legislature cannot impose any such burden upon commerce among the several States. Such commerce is secured against Buch legislation in the States by the Constitution, irrespective of any congressional action. The Chief Justice also dissents, and concurs in the views' I have expressed. On State Taxation of United States Certificates of Indebtedness. December Term, 1 868. The Pedple of the'State of New York, ex rel; The Bank of New York National Banking " Association, plaintiffs in error, Ho. 246. , vs. Richard B. Connolly, comptroller, and John - ., T- Hoffman, fpayor, &c, et. al. The People of the State of New, York, ex rel. The;Natidnal Broadway Bank, plaintiffs in error, No. 248. vs. John T. Hoffman, mayor, and Richard T. Connolly, comptroller, etc., nd In error to .the court of appeals of the State of N.York. The ?eoply ofthe State.of New York, exrel. The National Bank ofthe Republic of the city of New York, plaintiffs in error, No.' 2521 M. John T. Hoffman, mayor, Richard B. Con- holly, comptroller of the city of New York, eiat. Mr. Chief Justice Chase delivered the opinion of , the court in these causes. These' three cases present, under somewhat dif ferent forms, the1 same question, namely: Are the obligations' of thd United States, known as certifi cates of indebtedness, liable to be taxed by Si ate Tefislafion? . _ These three' Oases were argued' and will be con sidered' together. In 1863 and in 1864' the proper officers of the Stiate, acting under tlie laws of New York, assess ed' certain taxes upon fhe dapital stock ofthe Several banking associations' in that State. Some 6f these banking association's resisted the collec tion of the tax oh the gr'bund that, though nomi nally imposed upOri their respective capitals, it was in fact imposed upon tlie bonds and obliga tions' of fhe United States, in which a large pro portion of tihese capitals was invested, and which, under the Constitution and laws of the. United States, were exempt from State tax:ation. This question was Brought before the court of appeals, which sustained the assessments, arid disallowed the claim of the banking associations. ..From this decision an appeal was taken to this court, upon the hearing of which, at the December term, 1864, it" was adjudged that the taxes imposed upOn the capitals of trie' associa tions were a tax upon the national bonds and obligations' in which they were invested, and, therefore; so far, contrary to the Constitution of the United StateB* A mandate jn conformity with this decision was sent to the court of appeals of New York, which court thereupon reversed its judgment, and entered a judgment agreeably to the man date. * 2 Wall., 210. Afterwards, on' the 30th of April, 1866, the legislature of New York provided by law for refunding to the banking associations and other corporations in like condition the taxes of 1863 and 1864 collected upbh that part of their capi tals invested in securities of the United States exempt by law frOmi taxation. The board of supervisors of the county of New York was charged with the duty of auditing and allowing, with the approval of the 'mayor of the city and the Corporation counsel, the amount collected from each corporation for taxes on the exempt portion of its' capital, fogethter' with costs, dam ages, and interest.- Upon such auditing and"al- lowance the sums' awarded were to be paid to the corporations severally entitled by the issue to each of New York county seven per cent. bonds of equal amounts': These bonds were to be signed by the comptroller of the city of New York, countersigned' by the' mayor, and sealed with the seal of the board of supervisors, and attested by the cle'rk of the board: Under this1 act the! board of supervisor's audited and allowed' to the Several institutions repre sented in the three' cases under consideration their several claims' for taxes collected upon the national securities held1 by them, including in this allowance" the taxes paid on certificates of ' indebtedness, whicH the'corporatiohs claimed to be securities of fhe Unitfed States exempt from taxation. But the comptroller, mayor', and clerk refused to sign, countersign, seal, and attest the requisite amount of bonds for payment, insisting that cer tificates of indebtedness were' not exempt from taxation. A writ of mandamus was thereupon sued out of the supreme cbiirt of New York for the pur pose' of compelling these officials to perform their alleged duties in this respect'. Ah answer was filed,- and the court, by its judgment, sustained the refusal. An appeal was taken to the court of appeals of New York, by which the judgment of the supreme court wad affirmed'. Writs of error, under"fhe;25th sectiOrrof the judiciary act', bring these judgments here for revision. The first question fo be considered is one' of jurisdiction. It is'irislst'ed in behalf of the de fendants in error that tbe judgment' of the New York cOurt of appeals is not subject' to review in this court. But is it riot plain that, under the act of tbe legislature of New York, tfhe' banking associa tions Were entitled to reimbursement by bonds of the taxes illegally collected from them in 1863 ' and 1864'? No objection was made in the Slate court to the process by which the associations sought to enforce the isHne of the bonds' to which they as serted their right. Mandamus" to the officers charged with tne' execution o"f the State law seems to have' been regarded' Oii all hands' as the appropriate remedy. But it was objection thepart'of thoseofficers that thO particular description of obligations, of the tax on which the associations claimed reim bursement, were not exempt from taxation. The associations', on the other hand, insisted that these obligations were exempt- under the Consti tution and laws of the United States. If they 438 POLITICAL MANUAL. were so exempt, the associations were entitled to the relief which they sought. The judgment of the court of appeals denied the relief, upon the ground that certificates of indebtedness were not entitled to exemption. Is it not clear that in the case before the State court a right, privilege, or immunity was claimed under the Constitution or a statute of tbe United States, and that the decision was against the right, privilege, or im munity claimed, and, therefore, that the juris diction of this court to review that decision is within the express words of the amendatory act of February 5, 1867? There can be but one answer to this question. We can find no ground for doubt on the point of jurisdiction. The general question upon the merits is this : Were the obligations of the United States known as certificates of indebtedness liable to State tax ation ? If this question can be affirmatively answered, the judgments of the court of appeals must be affirmed ; if not, they must be reversed. Evidences of the indebtedness of the United States, held by individuals or corporations, and sometimes called stock or Btocks, but recently better known as bonds or obligations, have uni formly been held by this court not to be liable to taxation under State legislation. The authority to borrow money .on the credit of the United States is, in the enumeration of the powers expressly granted by the Constitution, second in place, and only second in importance, to the authority to lay and collect taxes. Both are given as means to the exercise of the func tions of Government under the Constitution, and both, if neither had been expressly conferred, would be necessarily implied from other powers; for no one will assert that without them the great powers — mentioning no others — to raise and support armies, to provide and maintain a navy, and to carry on war, could be exercised at all, or, if at all, with adequate efficiency. And no one affirms that the power of the Gov ernment to borrow, or the action of the Govern ment in borrowing, in subject to taxation by the States. There are those, however, who assert that, although the States cannot tax the exercise of the powers of the Government, as for example in the conveyance of the mails, the transportation of troops, or the borrowing of money, they may tax the indebtedness of the Government when it assumes the form of obligations held by individ uals, and so becomes in a certain sense private property. This court, however, has constantly held other wise. Forty years ago, in the case of Weston vs. The City of Charleston, this court, speaking through Chief Justice Marshall, said :* "The American people have1 conferred the power of borrowing money upon their Govern ment, and by making that Government supreme have shielded its action in the exercise of that power from the action of the local governments. The grant of the power is incompatible with a restraining or controlling power, and the declar ation of supremacy is a declaration that no such *2 Peters, 46T. restraining or controlling pewer shall be exer cised." -J And, applying theBe principles, the court pro ceeded to say : <•'* "The right to tax the contract to any extent, when made, must operate on the power to borrow before it is exercised and have a sensible influ ence on the contract. The extent of this influ ence depends on the will of a distinct government. To any extent, however inconsiderable, it is a burden upon the operations of the Government. It may be carried to an extent which shall arrest them entirely." And finally: . x "A tax on Government stock is -thought by this court to be a tax on the contract, a tax on the power to borrow money on the credit of the United States, and consequently repugnant to the Constitution." Nothing need be added to this, except that in no case decided since have these propositions been retracted or qualified. The last cases in which the power of the States to tax the obliga^ tions of the Government came directly in ques tion were those of the Bank of Commerce vs. The City of New .York, in 1862* and the Bank Tax Case,f in 1865, in both of which the power was denied. ' . - An attempt was made at the bar to establieh a distinction between the bonds of the Govern; ment expressed for loans of money and the cer tificates of indebtedness for which the exemption was claimed. The argument was ingenious, but failed to convince us that such a distinction can be maintained. It may be admitted that these certificates were issued in payment of supplies and in satisfaction of demands of public credit ors. But we fail to perceive either that there is a solid distinction between certificates of indebt edness issued for money borrowed and given to creditors and certificates of indebtedness issued directly to creditors in payment of their demands.; or that such certificates, issued as a means of exe? cuting constitutional powers of the Government, other than of borrowing money, are not as much beyond control and limitation by the States through taxation as bonds or other obligations issued for loans of money. The principle of exemption is, that the States cannot control the national Government within the sphere of its constitutional power , for there it is supreme ; and cannot tax its obligations fol payment of money issued for purposes within that range of powers, because such taxation ne cessarily implies the assertion of the right to exercise such control. The certificates of indebtedness in the case be fore us are completely within the protection Of this principle. For the public history of the country and the acts of Congress show that they were issued to creditors for supplies necessary to the Government in carrying on the recent war for the integrity of the Union and the preserva tion of our republican institutions. They were received instead of money at a time when full money payment for supplies was impossible, And, according to the principles of the cases to which we have referred, are as much beyond the taxjng ¦ •2 Black., 628. 1 2 Wall., 200. JUDICIAL DECISIONS, ETC. 439 power of the States as the operations themselves in furtherance of which they were issued. ,.- It results that the several judgments of the court of appeals must be reversed. On State Taxation of United States Notes. No. 247.— Deqembeb Term, 1868. The People of the State of New York," ex rel. the Bank of New York, plain tiffs in error, vs. The Board of Supervisors of the Coun ty of Mew York. In error to the court of ap peals of the State of New York. Mr. Chief Justice Chase delivered the opin.iBn of the court. - This case differs from those just disposed of in two particulars: (1) That the board of super visors, which in the other cases, allowed and audited the claims of the banking associations, refused to allow the claim made in this case; and (2) that the exemption from State taxation claimed in this case was of United States notes, while in the other cases it was of certificates of indebtedness. The mandamus in the State court was there fore directed, in the case now before us, to the board of supervisors, instead of the officers au thorized to issue bonds, as in the cases already decided. ,-: The judgment of the court of appeals sustained the action of the board, and the case is brought here by writ of error to that court. i The general question requiring consideration is, whether United States notes come Hnder another rule in respect of taxation than that which applies to certificates of indebtedness. ;. The issues of United States notes were author ized by three successive acts. The first was the act of February 25, 1862;* the second th« act of July 11, 1862 ;f and the third that of March 3, 18634 Before either of these acts received the sanc tion of Congress the Secretary of the Treasury had been authorized by the act of July 17, 1861, \ to isBue treasury notes not bearing interest, but payable on demand by the assistant treasurers at New York, Philadelphia, or Boston; and about three weeks later these notes, by the act of August 5, 1861, || had been made receivable generally for public dues. The amount of notes to be issued of this description was originally limited to fifty millions, but was afterwards, by the act of February 12, 1862,fl increased to sixty millions. : These notes, made payable on demand and receivable for all public dues, including duties on imports always payable in coin, were prac tically equivalent to coin; and all public dis bursements, until after the date of the act laBt mentioned, were made in coin or these notes. ',- In December, 1861, the State banks (and no others then existed) suspended payment in coin ; aud it became necessary to provide by law for the use of State bank notes, or to authorize the -issue of notes for circulation under the authority of the national Government. The latter alter native was preferred, and in the necessity thus recognized originated the legislation providing ' *i2 U.S. Stat., 346. +12 U.S. Stat., 632. 112 U.S.Stat., TOO. |12 U.S. Stat., 269, 86.- 112 U.S.Stat., 313, ? 6. ffl2 U. S. Stat., 338. at first for the emission of United States notes, and at a later period for the issue of the national bank currency. Under the exigencies of the times it seems to have been thought inexpedient to attempt any provision for the redemption of the United States notes in coin. The law, therefore, directed that tbey should be made payable to bearer at the treasury of the United States, but did not pro vide for payment on demand. The period of payment was left to be determined by the public exigencies. _ In the meantime the notes were receivable in payment of all loans, and were, until after the close of our civil war, always practically convertible inte bonds of the funded debt, bearing not less than five per cent, interest, payable in coin. The act of February 25, 1862, provided for the issue of these notes to the amount of $150,000,000. The act of July 11, 1862, added another $150,000,000 to the circulation, reserv ing, however, $50,000,000 for the redemption of temporary loan, to be issued and used only when necessary for that purpose. Under the act of March 3, 1863, another issue of $150,- 000,000 was authorized, making the whole amount authorizea $450,000,000, and contem plating a permanent circulation, until resump tion of payment in coin, of $400,000,000. It is unnecessary here to go further into the history of these notes, or to examine their rela tion to the national bank currency. That his tory belongs to another place, and the quality of these notes, as legal tenders, belongs to another discussion. It has been thought proper only to advert to the legislation by which these notes were authorized in order that their true character may' be clearly perceived. That these notes were issued under the au thority of the United States, and as a means to ends entirely within the constitutional power of the Government, was not seriously questioned upon the argument. But it was insisted that they were issued as money; that their controlling quality was that of money; and that therefore tney were subject to taxation in the same manner and to the same extent as coin issued under like authority. And there is certainly much force in the argu ment. It is clear that these notes were intended to circulate as money, and, with the national bank notes, to constitute the credit currency of the country. Nor is it easy to see that taxation of these noteB, used as money and held by individual owners, can control or embarrass the power of the Government in issuing them for circulation more than like taxation embarrasses its power in coining and issuing gold and silver money for circulation. Apart from the quality of legal tender im pressed upon them by acts of Congress, of which . we now say nothing, their circulation as cur rency depends on the extent to which they are received in payment, on the quantity in circula tion, and on the credit given to the promises they bear. In these respects they resemble the bank notes formerly issued as currency. But, on the other hand, it is equally clear that these notes are obligations of the United States. 440 POLITICAL MANUAL. Their hame imports obligation. Every one of them expresses upon its faOe an engagement of the nation to pay to the bearer a certain sum. The dollar note ib an engagement to pay a dol lar, and the do'llaT intended is the coined dollar of the United States — a certain quantity in weight and fineness of gold or silver, authenti cated as such by the stamp of the Government. No other dollars had before been recbgnized by the legislation of the national Government as lawful money Would, then, their usefulness and value as means to the exercise of the functions of govern ment be injuriously affected by State taxation? It cannot be said, as we nave already inti mated-, that the same inconveniences as would arise from the taxation of bonds and other interest- bearing obligations of the Govertthient Would attend the taxation of notes issued for cir culation as money. But we cannot say that no embarrassment would arise from such taxation. And we think it clearly within the discretion of Congress to determine whether, in view of all the circumstances attending the issue of the notes, their Usefulness as a means of Carrying on the Government would be enhanced by exemp tion from taxation; and within the constitu tional power of Congress, having resolved the question of usefulness affirmatively, to provide by law for Buch exemption. There remains, then, only this question : Has Congress exercised the power of exemption ? A careful examination of the acts under which they were issued has left no doubt in our' minds upon that point. The act of February, 1862* declares that " all United States bonds and 'other securities of the United States held by individuals, associations, or corporations, within the United States, shall be exempt from taxation by or Under State authority." We have already Baid that these notes are obli gations. They bind the national faithi They are, therefore, strictly securities. They secure the payment stipulated to the holders by the pledge of the national faith, the only ultimate security of all national obligations; whatever form they may assume. And this provision iB re- enacted in application to the second isBue of United States notes by the act of July 11, 1863.-J- And, as if to remove every possible doubt from the intention of Congress, the act Of March 3, 1863, J which provides for the last issue of these notes, omits in its exemption clause the word "stocks," and substitutes for "other securities" the words, "Treasury notes or United States notes issued under the provisions of this act." It was insisted at the bar that a measure of exemption in respect to the notes issued under this, different from that provided iD the former acts in respect to the notes authorized by them, was intended. But we cannot yield our assent to this view. The rule established in the last act is in no reBpect inconsistent with that pre viously established. It must be regarded, there fore, as explanatory. It makes specific what was before expressed in general terms. * 12 U. S. Stat., S46, §2. f 12 U. 8. Stat., 64S. if 12 Stat., Our conclusion is, that United States notes arei exempt, and, at the tinie the New York statute's! were enacted, jwere exempt from taxation By or under State authority. The judgment of the court of appeals must therefore.be reversed... Clause making United States Notes a Legal Ten der for Debts has no reference to State Taxes. No. 5 — December Term, 1868. :,") In . J Sti The County of Lane, pl'ff in error,") In error to the l vs. \- prerae court of'the The State of Oregon. J State of Oregon; Mr. Chief Justice Chase delivered the opinion of the court. The State of Oregon, in April, 1865, filed a complaint against trie county of Lane; in the circuit court of the State for that county, to recover $5,460 96 in gold and silver coin, whidh sum was alleged to have become due as State - revenue from the county to the State on the 1st ¦ Monday of February, 1864. To this complaint an answer was put in by the county, alleging a tender of the amount claimed ; by the State, made on the 23d day of January,:. 1864, to the State treasurer, at his office, in United States notes, and averring that the law ful money so tendered and offered was, in triith and fact, part of the first moneys collected and paid into the county treasury after the assess ment of taxes for the year 1862. To this answer there was a demurrer, whidh Was sustained by tbe circuit court, and judgment was given that the plaintiff recover of the de- - fehdent the sum claimed in gold and silver coin, with costs of suit, and this judgment was affirmed ; upon writ of error by the Bupreme court of the State. The case is brought heire by writ of error to that court ; and two propositions have beBh pressed upon our attention, ably and earnestly, in behalf of the plaintiff in error. The first is, that the laws of Oregon did hot require the collection in coin of the taxes ib. question, and that the treasurer of the county could not be required to pay to the treasurer of the State any Other money than thai ia which the taxes were actually collected. The second is, that the tender of ths amount of taxes made to the treasurer of the State by tile treasurer of the county in United StateB notes, was warranted by the acts of CohgreSs authorizing the issue of these notes, and that the law Of the State, if it required collection aud payment in coin, was repugnant to these acts, and therefore void. The first of these propositions will be first considered. The answer avers substantially that the money tendered was part of the first moneys collected in Lane county after the assessment of 1863, and the demurrer admits tho truth of the answer. . Tbe fact therefore may be taken as established, that the taxes for tbat year in Lane county were collected in United States notes. But was this in conformity with the laws of Oregon ? In this court the construction given .by the State courts to the laws of a State relating to local affairs is uniformily received as the true con struction, and the question first Btated mnsth'aVe JUDICIAL DECISIONS, ETC. 441 been passed upon, in reaching a conclusion upon the demurrer, both by the circuit court for the county and by the supreme OOurt of the Slate, Both courts must have held that the statutes of Oregon, either directly or by clear implication, required the collection of taxes in gold and silver coin. Nor do we perceive anything strained or un reasonable in this construction. The laws of Oregon, as quoted In the brief for the State, pro vided that " the sheriff shall pay over to the county treasurer the full amount of the State and school taxes ih gold and silver coin ;"* and that " the several county treasurers shall pay over to the State treasurer the State tax in gold and silyer coin."-f It is certainly a legitimate if not a necessary inference that these taxes were required to be collected in coin. Nothing short of express words would warrant us ih saying that the laws au thorized collection in 6he description of money from the people and required payment over of the same taxes into the county and State treas uries in another. ..If, in our judgment, however, this point were otherwise, we should still be bound by the sound est principles of judicial administration and by a ldiitg train Of decisions in this cbiirt to regard the judgment of the supreme court of Oregon, so far as it depends on the right construction of the statutes of that State, as free from errOr. Thesecond proposition remains to be examined, and this inquiry brings us to the consideration fyf the acts of Congress, authorizing the issue of the notes in which the tender was made. The first of thes^ was the act of February 25, J862, which authorized the Secretary of the Treasury to issue, on the credit of the United States, $150,000,000 iii United States notes, and provided that these note's' "'shall be receivable iii payment Of all taxes, internal duties, excises, debts, and demands due to the United States, ex cept duties on imports, and of all 'claims and demands against the United States of every kind whatsoever, except interest Oh bonds and notes, which shall be paid in coin; and shall -also be lawful money and legal tender in payment of all debts, public and private, within the United Stiles, except dutieB on imports and interest as aforesaid." The second act contains a provision nearly in the same words with that just recited, and under these two acts two-thirds of the entire issue was authorized. It is unnecessary, therefore, to refer to the third act, by which the notes to be issued under it are not in terms made receivable and payable, but are simply declared to be lawful money and a legal tender. In the first act ho emission was authorized of any, notes under five dollars, nOr ih the Other two of ally under one dollar. The notes, au thorized by different statutes, for partB df a dol lar, .were never declared tb be lawful money or a legal tender.J It is obvious, therefore, that a legal tender in United States notes of the precise amount of faxes admitted to be due to the State could not 'Statutes of Oregon, 438, j 8. Stat., 692; Ibid.; 711. flbid., 441, §46. J12U. be made. Coin was then ana is now the only legal tender for debts less than one dollar. In the view which, we take of this case this is not important. It is mentioned only to show that the general words "all debts" were not intended to be taken in a sense absolutely literal. We proceed then to inquire whether, upon a sound construction of the acts, taxes impoted by a State goverhiheht upon the people of a State are debts within their true' meaning. Ih examining' this question it will be proper to give some attention to the constitution of the States and to their relations as United States. The people of the United States constitute one nation, under one gover'nlne'nt; and this govern ment, within the scope of the powers with which it is invested, is supreme. On the other hand, the people of each State compose a State, having its own government, and endowed with all the functions essential to separate and independent existence. The States disunited might continue to exist. Without the States in union there could be no such political body as the United States. Both the States ana the United States existed before the Constitution. The people, through that instrument, established ainore perfect union, by substituting a national Government, acting, with ample power; directly upon the citizens, instead of the confederate government which acted with powers, greatly restricted, only upon the States. But in many articles of the Consti tution the necessary existence of the States, and, within their proper spheres, the independent authority of the States, is distinctly recognized. To them nearly the whole charge of interior reg ulation is committed or left ; tb them and to the people all powers hot expressly delegated to the national Government are reserved. The general condition was well stated by Mr. Madison, in the Federalist, thus : " The federal and State gov ernments are in fact but different agents and trustees of the people, constituted with different powers and designated for different purposes." Now, to the existence of the States, themselves necessary to the existence of the United States, the power of taxation is indispensable. It is ah essential function of government. It was exercised by the colonies ; and when the colonies became States, both before and after the formation of the confederation, it was exer cised by the new governments. Under the articles of confederation the Gov ernment of the United States was limited in the exercise of this power tb requisitions upon the States, while the whole power of direct and indi rect taxation of persons ahd property, whether by taxes on polls, or duties on imports, or duties on internal production, manufacture, or use, was acknowledged to belong exclusively to the States, without any other limitation than that of non interference with certain treaties made by Con- The Constitution, it is' true, greatly changed thie condition of things. , It gave the power to tax, both directly aiid indirectly, to the national Government, and, subject to the one prohibition 6f any tax upon exports aiid to the cohditions or uniformity in respect to indirect and of propor- 442 POLITICAL MANUAL. tion in respect to direct taxes, the power was given without any express reservation. On the other hand, no power to tax exports, or imports except for a single purpose and to an insignificant extent, or to lay any duty on ton nage, was permitted to the States. In respect, however, to property, business, and persone within their respective limits, their power of taxation remained and remains entire. It is indeed a concurrent power, and in the case of a tax on the same subject by both Governments, the claim of the United States, as the supreme authority, must be preferred; but with this qualification it is absolute. The extent to which it shall be exercised, the subjects upon which it shall be exercised, and the mode in which it shall be exercised are all equally within the discretion of the legislatures to which the States commit the exercise of the power. That discretion is restrained only by the will of the people expressed in the State constitutions or through elections, aud by the condition that it must not be so uBsd as to bur den or embarrass the operations of the national Government. There is nothing in the Constitution which contemplates or authorizes any direct abridge ment of this power by national legislation. To the extent just indicated it is as complete in the States as the like power, within the limits of the Constitution, is complete in Congress.. If, therefore, the condition of any State, in the judgment of its legislature, requires the collection of taxes in kind, that is to say, by the delivery to the proper officers of a certain pro portion of products, or in gold and silver bullion, or in gold and silver coin, it is not easy to see upon what principle the national legislature can interfere with the exercise, to that end, of this power, original in th.e States, and never as yet surrendered. If this be so, it is certainly a reasonable con clusion that Congress did not intend, by the general termB of the currency acts, to restrain the exercise of this power in the manner shown by the statutes of Oregon. Other considerations strengthen this conclu sion. It cannot escape observation that the pro vision intended to give currency to the United States notes in the two acts of 1862 consists of two quite distinguishable clauses.' The first of these clauses makes those notes receivable in payment of all dues to the United States, and payable in satisfaction of all demands against the United States, with specified exceptions ; the second makes them lawful money, and a legal tender in payment of debts, public and private, within the United States, with'the same excep tions. It seems quite probable that the first clause only was in the original bill, and that the second was afterwards introduced during its progress into an act. However this may be, the fact that both clauses were made part of the act of February, and were retained in the act of July, 1862, indicates clearly enougli the intention of CongresB that both shall be construed together. Now, in the first clause, taxes are plainly distinguished, in enumeration, from debts ; and. it is not an unreasonable infer ence that the word debts in the other clause was not intended to include taxes. It must be observed that the first clause, which may be called the receivability and payability clause, imposes no restriction whatever upon the States in the collection of taxes. It makes the notes receivable for national taxes, but does not make them receivable for State taxes. On the contrary, the express reference to receivability by the national Government, and the omission of all reference to receivability by the State gov* ernments, excludes the hypothesis of an intention on the part of Congress to compel the States to receive them as revenue. And it must also be observed that any con struction of the second, or, as it may well enough be called, legal-tender clause, that includes dues for taxes under the words debts, public and pri vate, must deprive the first clause of all effect whatever. For if those words, rightly appre hended, include State taxes, they certainly in- ' elude national taxes also ; and if they include national taxes, the clause making them receiv able for such taxes was wholly unnecessary and superfluous. It is also proper to be observed that a techni*. cal construction of the words in question might defeat the main purpose of the act, which doubt-: less was to provide a currency in which the re ceipts and payments incident to the exigencies of the then existing civil war might be made. ' In his work on the Constitution, the late Mr. Justice Story, whose praise as a jurist is in all civilized lands, speaking of the 'clause in the Constitution giving to CongreBs the power to lay and collect taxes, says of the theory which would limit the power to the object of paying the debts, that, thus limited, it would be only a power to provide for the payment of debts then existing.*. And certainly, if a" narrow and limited interpre tation would thus restrict the word debts in the Constitution, the same sort of interpretation would in like manner restrict the same word in • the act. Such an interpretation needs only to be men tioned to be rejected. We refer to it only to show that a right construction must be sought through larger and less technical views. We may, then, safely decline either to limit the word debts to existing dues, or to extend its meaning so as to embrace all dues of whatever origin aud description. What then is its true sense? The most obvious, and, as it seems to us, the most rational answer to this question is, that Congress must have had in contemplation debts originating in contract or demands carried into judgment, and only] debts of this character. This is the commonest and most natural use of the word. Some strain is felt upon the understanding when an attempt is made to extend it so as to include taxes im posed by legislative authority, and there should bo no Buch strain in the interpretation of a law like this. We are the more ready to adopt this view, because the greatest of English elementary writers upon law, when treating of debts ia their various descriptions, gives no hint that •1 Story or Cons., f taxes come within either :* while American State courts of the highest authority have re fused to treat liabilities for taxes as debts, in the ordinary sense of that word, for which actions of debt may be maintained. The first of these cases was that of Pierce vs. The City of Boston,! 1842, in which the de fendant attempted to set off against a demand of the plaintiff certain taxes due to the city. The statute allowed mutual debts to be set off, but theoourt disallowed the right to set off taxes. This case went, indeed, upon the construction of the statute of Massachusetts, and did not turn on the precise point before us ; but the language ofthecourt shows that taxes were not regarded as- debts within the common understanding of the word. The second case was that of Shaw vs. Pickett.J in which the supreme court of Vermont said : "The assessment of taxes does not create a debt that can be enforced by suit, or upon which a promise to pay interest can be implied. It is a proceeding in invitum." .•The next case was that of the City of Camden vs. Allen,|| 1857. That was an action of debt brought to recover a tax by the municipality to which it was due. The language of the supreme court of New Jersey was still more explicit : " A tax, in its essential characteristics," said the court, " is not a debt, nor in the nature of a debt. A tax is an impost levied by authority of gov ernment upon its citizens or subjects for the support of the State. It is not founded on con tract or agreement. It operates in invitum. A debt is a sum of money due by certain and ex press agreement. It originates in and is founded npon contracts express or implied." : These decisions were all made before the acts of 1862 were passed, and they may have had some influence upon the choice of the words used. c Be this as it may, we all think that the inter pretation which they sanction is well warranted. We cannot attribute to the legislature an in- ten t to include taxes under the term debts without something more than appears in the acts to show that intention. The supreme court of California, in 1862, had the construction of these acts under consideration in1 the case of Perry vs. Washburn. § The decis ions which we have cited were referred to by. Chief Justice Field, now holding a seat on this bench, and the very question we are now con sidering, " What did Congress intendby tbe act?" was answered in these words : " Upon this ques tion we are clear, that it only intended by the terms debts, public and private, such obligations for the payment of money as are founded upon contract." :: In whatever light, therefore, we consider this question, whether in the light of the conflict be tween the legislation of Congress and the taxing power of the States to which tbe interpretation insisted on in behalf of the county of Lane would give occasion, or in the light of the language of the acts themselves, or in the light of the de cisions to which we have referred, we find our selves brought to the same conclusion, that the • 2 Black. Com., 476, 476. 1 3 Met., 620. J 26 Vt., 486. 1 2 Dutch., 398. jJ20 California, 350. 443 clause making the United States notes a legal tender for debts has no reference to taxes imposed by State authority, but relates only to debts, in the ordinary sense of the word, arising out of simple contracts or contracts by specialty, which include judgments and recognizances.* Whether the word debts, as used in the act, includes obligations expressly made payable, or adjudged to be paid in coin, has been argued in another case. We express at present no opinion on that question. The judgment of the supreme court of Oregon must be affirmed. Express Contracts to Fay Coined Dollars can only be satisfied by the Payment of Coined Dollars. No. 89.— December Teem, 1868. Frederick Bronson, executor of thei In error to the last will and testament of Arthur | court of ap- ' Bronson, deceased, plaintiff in error, \ peals of the vs. J State of New Peter Eodes. J York. Mr. Chief Justice Chase delivered the opinion of the court. This case comes before us upon a writ of error to the supreme court of New York. The facts shown by the record may be briefly stated. In December, 1851, one Christian Metz, hav ing borrowed of Frederick Bronson, executor of Arthur Bronson, $1,400, executed his bond for the repayment to Bronson of the principal sum borrowed on the 18th day of January, 1857, in gold and silver coin, lawful money of the United States, with interest also in coin until such re payment, at the yearly rate of seven per cent. To secure these payments, according to the bond, at such place as Bronson might appoint, or, in default of such appointment, at the Mer chants' Bank of New York, Metz executed a mortgage upon certain real property, which was afterwards conveyed to Rodes, who assumed to pay the mortgage debt, and did, in fact, pay the interest -until and including the 1st day of Jan uary, 1864. Subsequently, in January, 1865, there having been no demand of payment nor any appoint ment of a place of payment by Bronson, Bodes tendered to him United States notes to the amount of $1,507, a sum nominally equal to the principal and interest due upon the bond and mortgage. At that time one dollar in coin was equivalent in market value to two dollars and a quarter in United States notes. This tender was refused, whereupon Bodes deposited the United States notes in the Mer chants' Bank to the credit of Bronson, and filed his bill in equity praying that the mortgaged premises might be relieved from the lien of the mortgage, and that Bronson might be compelled to execute and deliver to him an acknowledg ment of the full satisfaction and discharge of the mortgage debt. The bill was dismissed by the supreme court sitting in Erie county ; but, on appeal to the supreme court in general term, the decree of dis missal was reversed, and a decree was entered adjudging that the mortgage had been satisfied •1 Parsons on Contracts, 7. 444 POLITICAL MANUAL. fay the tender, and directing Bronson to satisfy the same of record ; and this decree was affirmed by the court of appeals. The question which we have to consider, therefore, is this : , Was Bronson hound by law to accept from Bodes United States notes equal in nominal amount to the sum due him as full performance and satisfaction of a contract which stipulated for the payment of that sum in gold and silver coin, lawful money of, the United .States 1 It is not pretended that any real payment and satisfaction of an obligation to pay fifteen hun dred and seven coined dollars can be made by the tender Of paper mod'ey worth in the market only Six hundred and seventy coined dollars. The question is, does ths law compel the accept ance of such a tender for such a debt? It is the appropriate function of 6otfrtk of justice to enforce contracts according to tfie law ful intent and understanding of the' parties. We must, therefore, inquire. what was the in tent and understanding of Frederick Bronso'n and Christian Metz- when they entered into the contract under consideration in December, 1851. And this inquiry will be assisted by reference to the circumstances under which the contract was made. Bronson was an executor, charged as a trustee with the administration of an estate: Metz was a borrower from the estate. It was the clear duty of the former to take Security , for the full repayment of the money loaned to the latter. The currency of .the coustry at the time consisted mainly of the circulating notes of State banks, convertible, under the laws of the States, into coin, on demand. This convertibil ity, though far frpnj perfect,, together with the acts of Congress which required the uSe of coin for all receipts and disbursements of the national Government, insured the presence of some coin in the general circulation ; but the business of the people was transacted almost entirely through the medium of bank notes. The State' banks had recently emerged from a. condition of great depreciation and discredit, the effects of which were still widely felt, and the recurrence of, a like condition was not unreasonably apprehended by many. This apprehension was, in fact, realized by the general suspension, of coin p&yments,- which took place in 1857, shortly after the bond of Metz became due. , , It is hot to be doubted) then, that it was to guard against the possibility of loss to the estate, through an attempt to force the acceptance of a fluctuating and perhaps irredemable currency in payment, that the express stipulation for pay ment in gold and silver coin was put, into the bond. There was no necessity in law for such a stipulation, for at that time no money, except of fold or silver, had been made a legal tender. he bond, without any stipulation to that effect, would have been legally payable only in coin. The terms of the contract .must have been se lected, therefore, to fix definitely the contract between the partiesy and to guard against any possible claim that payment in the ordinary Currency ought to be accepted. The intent of the parties is, therefore',- clear. Whatever might be the fofmW of' the fluctuations of the note currency,, this contract was not to Be affected by them. It was to be paid, af all events, in coined lawful money. We have just adverted to the fact that the legal obligation of payment in. coin was perfect without express stipulation. It will be useful to consider somewhat further the precise import in law of the phrase " dollars payable in gold and silver coin, lawful money of the United States." 'fpform a correct judgment onthispoint.it will be necessary to look into fhe statutes regu lating coinage. ,It would be instructive, doubt less, to review the ^history of coinage in the United States, and the sucqessipn of statutes by whrOfi the weight, purity, forms, and impressions of the gold ,and silver coins have been regulated'; but it will be sufficient for our purpose if we ex-, amine three only — the acts of April 2, 1792,4 of January 18^1837^ and, ifrarch 3, 1849.J The act of 1792 established a, mint for the pur pose df a national coinage. ^ It was the result of very careful and thorough investigations of. thi whole subject, in which Jefferson and Hamilton look ,the greatest parts ; and its general princi ples have controlled all subsequent legislation. If. provided, that the gold of coinage, or standard gold, should consist, of eleven parts fine and one part allpy, wbich alloy was to be of silver and copper in convenient proportions,, not exceeding one-tia/lf silver, and that the silver of coinage ' sliould consist of fourteen hundred and eighty- five parts fiiie and one hundred and seventy- nine parts of an alloy Wholly of copper. . . The same act, established the dollar as the money unit, and, required that it should contain four hundred an d six teen grains' of standard silver. It provided further for the coinage of half-dol lars, quarter-dollars, dimes, and half-dimes, also of standard silver, and weighing respectively a half, a quarter, a tenth, and a twentieth of the weight of the dollar. Provision was also made for a gold coinage, consisting of eagles, half- eagles, and quarter-eagles, containing, respects ively, two hundred and ninety, one hundred and thirty-five, and sixty -seven and a half grains of standard gold, and being, of the value, respect ively, of Ceil dollars, five dollars, and two-and-a- half dollars. These coin's were made a lawful tender in all pa^yinents, according to their respective weights of silver" or gold; if of full weight, at their de-, clared values, and if of less,- at proportional values., , And this regulation as to tender re mained in full force until 1837. . The rule prescribing the. composition of alloy has never, been changed; but the proportion of alloy fo fine gold and silver, and the absolute weight ofcoins, have undergone some alteration, partly with a viqw to the oetter adjustment of the gold, and silver circulations to each other, Snd partly for the convenience of commerce. The only change of sufficient importance to require notice, was that made by the act of 1837.|| That act directed that standard gold, and stand ard silver also, should thenoeforih consist of nine parts pure and; one part alloy ; that the weight of standard gold in the eagle should be two hun- *1U.S'.' Stat., &6. f6 U.S. Stat., 136. ±9 U.S. Stat., 397. || 5 U.S. Stat., BY. JUDICIAL DECISIONS, ETC. 445 SB? dred and fifty-eight grains, and in the half-eagle and quarter-eagle, respectively, one-half and onerquarter of that weight precisely ; and that the -weight of stapdard silver shppld be in the ij^llar four. hupdred twelve and a half grains, and in the half dollar, quarter: dollar, dimes, and half-dimes, exactly one-half, one-quarter, one- t|Sn,th, and one-tw.entieth of that weight. The act of 1849* authorized the coinage of gold double-eagles and gold dollars conformably in ill respects to the established standards, and, therefore, of'the weights respectively of five hun dred and sixteen grains and twenty-five and t-tenths of a grain. _he methods and piachinery of coinage had been so improved before the act of 1837 was passed, that .unavoidable deviations from tb,e .prescribed weight became almost inappreciable; and the most stringent regulations were enforced to secure the utmost attainable exactness, both in .weight and purity of metal. In single coins the greatest deviation tolerjated jpthe gold cpins wasnalf a grain in the double,- '^agle.-eagle, or half-eagle, and a quarter of a grain jui the quarter eagle or gold dollar ;f and in the silver coins, a grain and a half in the dollar and hjujrdollar, and a grain in the quarter-dollar, and half a grain jin the dime and half-dime.t In 1849 the limit of deviation in weighing large numbers of coins on delivery by the chief q^mer to the treasurer and by the treasurer to depositors was still further narrowed. yith thqse and other precautions against the SjniisBipn.of any piece inferior in weight or purity to. the prescribed standard, it was thought safe to make tbe gold and silver coins of the United Sjiates legal tender in .all payments according ,t JUDICIAL DECISIONS, ETC. 449 leaves no doubt upon the question of author ity. The other allegation presents a question of jurisdiction. It is not to be questioned that this court has original jurisdiction of suits by States against citizens of other States, or that the States entitled to invoke this jurisdiction must be States of the Union. But it iB equally clear that no such jurisdiction has been conferred upon this court of suits by any other political communities than such States If, therefore, it is true that the State of TexaB was not at the time of filing this bill, or is not now, one of the United States, we have no juris- dicliou of this suit, and it is our duty to dismiss it. We are very sensible of the magnitude and importance of this question, of the interest it ex cites, and of the difficulty, not, to say impossi bility, of so disposing of it as to satisfy the conflicting judgments of men equally enlight ened, equally upright, and equally patriotic. But we meet it in the case, and we must de termine it iu the exercise of our best judgment, under the guidance of the Constitution alone. Some not unimportant aid, however,, in ascer taining the true sense of the Constitution, may be derived from considering what is the correct idea of a State, apart from any union or confed eration with other States. The poverty of lan guage often compels the employment of terms in quite different significations ; and of this hardly any example more signal is to be found than in the use of the word we are now considering. It would serve no useful purpose to attempt an enumeration of all the various senses in which it is used. A few only need be noticed. Itdescribes sometimes a people or community of individuals united more or less closely in polit ical relations, inhabiting temporarily or perma nently the same country ; often it denotes only the country or territorial region inhabited by sufih a community ; not unfrequently it is ap plied to the government under which the people live ; at other times it represents the combined idea of people, territory, and government. It is not difficult to see that in all these senses the primary conception is that of a people or community. The people, in whatever territory dwelling, either temporarily or permanently, and whethet; organized under a regular government, or united by looser and less definite relations, •constitute the State. " This is undoubtedly the fundamental idea upon which the republican institutions of our own country are established. It was stated very clearly by an eminent judge* in one of the ear liest cases adjudicated by this court, and we are not aware of anything in any subsequent decis ion of a different tenor. In the Constitution the term State most fre quently expresses the combine'd idea just noticed, of people, territory, and government. A State, in the ordinary sense of the Constitution, is a political jommunity of free citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited by a written constitution, and established by the 'Consent of the governed. It is the union of such •Mr. Justice Paterson, in Penhallov vs. Doane's Admrs. 3 DalL, 93. States under a common constitution which forms the distinct and greater political unit which that Constitution designates as the United States, and makes of the people and States which compose it one people and one country. The use of the word in this sense hardly re quires further remark. In the clauses which impose prohibitions upon the States in respect to the making of treaties, emitting of bills of credit, laying duties of tonnage, and which guaranty to the States representation in the House of Rep resentatives and in the Senate, are found some instances of this use in the Constitution. Others will occur to every mind. But it is also used in its geographical sense, as in the clauses which require that a representa tive in Congress shall be an inhabitant of the State in which he shall be chosen, and that the trial of crimes shall be held within the State where committed. And there are instances in which the principal sense of the word Beems to be that primary one to which we have adverted, of a people or politi cal community, as distinguished from a govern ment. ' In this latter sense the word seems to be used in the clause which provides that the United States shall guaranty to every State in the Union a republican form of government, and shall protect each of them against invasion. In this clause a plain distinction is made be tween » State and the government of a State. Having thus ascertained the senses in which the word State is employed in the Constitution, we will proceed to consider the proper applica tion of what has been said. The republic of Texas was admitted into the Union as a State on the 27th of December, 1845. By this act the new State, and the people of the new State, were invested with all the rights, and became subject to all the responsibilities and du ties, ofthe original States under the Constitution. _ From the date of admission until 1861, the State was represented in the Congress of tho United States by her Senators aud Representa tives, and her relations as » member of the Union remained unimpaired. In that year, act ing upon the theory that the rights of a State under the Constitution might be renounced, and her obligations thrown off at pleasure, Texas undertook to sever the bond thus formed, and to break up ber constitutional relations with tbe United States. On the 1st of February* a convention, called without authority, but subsequently sanctioned by the legislature regularly elected, adopted an ordinance to dissolve the union between the State of Texas and the other States under the Constitution of the United States, whereby Texas was declared to be " a separate and sove reign State," and "her people and citizens" to be " absolved from all allegiance to the United States or the Government thereof." It was ordered by a vote of tlie conventiont and by an act of the legislature,!: that this ordi nance should be submitted to the people, for ap proval or disapproval, on the 23d of February, 1861. * Pasohal's Digest Laws of Texas, 78, 1 Pasohal's Digest, 80. J Laws of Texas, M59-61, p. 11. 450 POLITICAL MANUAL. Without awaiting, however, the decision thus ;nvoked, the convention, on the 4th of Febru ary, adopted a resolution, designating seven del egates to represent the State ia the eonyention of seceding States at Montgomery,. " in order," as the resolution declared, " that the wishes and interests of the people of Texas may be con sulted in reference to the constitution and pro- vi? onal government that may be established by said convention." Before the passage of this resolution tbe con vention had appointed a committee of public safety, and adopted an ordinance giving au thority to that committee to taka measures for obtaining possession of the property of the United Slates in Texas, and for removing the national troops from her limits. , The members of the committee, and all officers and agents ap pointed or employed by it, Were sworn to secrecy and to allegiance to the State.* Commissioners were at once appointed, with instructions to re pair to the headquarters- of General Twiggs, then representing the United States in command of the depart-meat, and to make the demands necessary for the accomplishment of the pur poses of the committee. A military force, was organized in support of these demands, and an arrangement was effected with the commanding general by which the United States troops were engaged to leave the State, and. the forts- and all the public property, not neeessary to the removal of the troops, were surrendered to the commisV eioners.-}- These transactions took place between the 2d and the 18th of February, and it was under these circumstances that the vote upon the ratification or rejection of the ordinance of secession, was taken on the 23d of February. It was ratified1 hy a majority of the voters of the State. The convention, which had adjourned before the vote was taken, reassembled on the. 2d of March, and instructed the delegates already sent to the congress of the seceding States to apply for admission into the confederation, and to give the adhesion of Texas to its provisional constitu tion. It proceeded, also, to make the changes in the State constitution which this adhesion made necessary. The words "United States" were stricken out wherever they occurred, and the words "Confederate. States" substituted; and the members of the legislature, and all officers of the State, were required by the new constitu tion to take an oath of fidelity to the constitution and laws of the new confederacy. Before,, indeed, these changes in the constitu tion had been completed, the officers ofthe State had been required lo appear before the commit tee and take an oath of allegiance to the. Confed erate States. The governor and secretary of state, refusing to comply, were summarily ejected from, office. The members of the legislature, which had also adjourned and reassembled on the 18th of March, were more compliant. They took the oath, and proceeded, on the 8th of April, to provide by law for the choice of electors of president and vice president of the Confederate StateB. "Pasohal's Digest, 80. f Texan Reports of the Com mittee, (Lib. of Con.,) p, 45., The representatives of the State in the Con gress of the United States were withdrawn, and, as soon as the seceded States became organized under a constitution, Texas sent -senators and representatives to the confederate congress. in all respects, so far as the object could be accomplished by ordinances of the convention, by acts of the legislature, and by votes of the citizens, the relations of Texas to the Union were broken up, and new relations to a new govern ment were established for them. The position thus assumed could only be main tained by arms, and Texas accordingly took part with the other Confederate States in the war of the rebellion which these events made inevitable. Daring the whole of that war there was no gov ernor, or judge, or any other State officer in Texas who recognized the national authority. Nor was any officer of the United States permitted to ex ercise any authority whatever under the national Government within the limits ofthe State, except under tbe immediate protection of the national military forces. Did Texas in consequence of these acts cease to be a State ? Or, if not, did tbe State cease to be a member of tbe Union ? It is needless to discuss at length the question whether the right of a State to withdraw from the Union for any cause regarded by herself as sufficient is consistent with the Constitution of the United States. The Union of the States never was a purely artificial and arbitrary relation. It began among the colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form, and character, and- sanction, from the Articles of Confederation. By these the Union was solemnly declared to ""be perpetual." And, when these articles were found to be inadequate to the exigencies of the country, the Constitution was ordained "to form a more perfect Union." It is difficult to convey the idea of indissoluble unity more clearly than by these, words. What can be indissoluble, if a perpetual Union made more perfect is not ? But the perpetuity and indissolubility of the Union by no means implies the loss of distinct and individual existence, or of the right of self- government, by the States. Under the Articl'eB of Confederation each State retained its sov ereignty, freedom, and independence, and every power, jurisdiction, and right, not expressly delegated to the. United States. Under the Con stitution,, though the powers of the States were much restricted, still all powers not delegated to the United States,, nor prohibited to the States, are reserved to the States respectively, or to the people. And we have already had occasion to remark at this term, that "the people of each State compose a. State, having, its own govern ment,, and endowed with all the functions essen tial to seaarate and independent existence; and that " without the States in union there could be no such political body as the United States."* Not only,, therefore, can there be no loss of separate and independent autonomy to •County of Lane vs. The State of Oregon. JUDICIAL DECISIONS, ETC. 451 the States, through their union Under fhe Con stitution, hut it riiay be not unreasonably said that the preservation of the States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Uhioii and the main tenance of the national Governmept. The Con stitution, in all its provisions, looks to ah inde structible Union, composed of indestructible States. , When, therefore, Texas beeame one of the .United States, she entered into an indissoluble relation. All the obligations of perpetual union, aiid all the guaranties of republican government in the Unioo, attached at once to the State. The act which consummated her admission into the Union was something more than a compact— it Was the incorporation of a new m'ember into ihe political body, and it was final. The union be tween Texas and the other States was as com plete, as perpetual, and as indissoluble as the Smion between the original States'. There was no place for reconsideration or revocation, except , through revolution- of througb- consent of the States. Considered, therefore, as transactions under the Constitution, the ordinance of secession adopted by the convention and ratified by a ma jority of the citizens Of Texas, ahd all the acts Of tier legislature intended to give effect to that ordmance, were absolutely null. They were , 'Utterly without operation in law. The obliga tions of tbe State as a member of the Union, and df every citizen of the State as a citizen of the United States, remained perfect and unimpaired. , It certainly follows that the State did not cease to be a State nor ber citizens to be citizens Of the Union. If this were otherwise, the State must have become foreign and her citizens foreigners; the war must have ceased to be a wai for the suppression' of rebellion, and must have become a war for conquest and subjugation. Our conclusion, therefore, is, that Texas con tinued to be a State, and a State of the Union, notwithstanding the transactions to which we have referred. And this conclusion, ih our judgment, is not in conflict with ' any act or declaration of any department of the national .Government, but entirely in accordance with the, whole Beries of such acts and declarations' m'fice the first outbreak of the rebellion. But' ih order to the exercise by a State of the right to soe in this court, there needs to be a State government competent to represent the State m its relations with the national Goverri- metft, bo far, at least, as the institution and pros ecution of a- suit is c'oilcerPed. And it is by' no means a logical conclusion, - from the premises which we' have endeavored to esfal&Tish, that the' governmental relations of Texas to the Union reinained unaltered. Obli gations often remain unim'paired, while relatione are greatly changed'. The obligations of alle giance to the State and of obedience to her laws, subject to the Constitution of the United States, are binding upon all citizens, whether faithful or unfaithful to them; but fhe relations' whioh subsist while these obligation's are performed are essentially different from those which: arise when they are disregarded and set at nought. | And the same must necessarily be true of the obligations and relations of States and citizens to the Union. No one has been bold enough to contend that, while Texas was controlled by a Government hostile to the United States, and, in affiliation with a hostile confederation, waging War upon the United States, senators chosen by her legislature, or representatives elected by her citizens, were entitled to seats in Congress ; or that any suit instituted in her name could be entertained in this court. All admit that, during this condition of civil war, the rights of the State as a member and of her people as citizen^ Of the\ Union, were suspended. Thfe Government and the citizens of the State refus ing to recognize their constitutional obligations assumed the character of enemies and incurred the consequences of rebellion. These new relations imposed new duties upon the United States. The first was that of sup pressing the rebellion. The next was that of re-establishing the broken relations of the State with the Union. The first of these duties hav ing been performed, the next necessarily engaged the attention of the national Government. The authority for the performance of the first had been found in the power tO suppress insur1 rec'tion ahd carry on war ; for the performance of the second, authority was derived from th6 obligation of the United States to guaranty to .every State ih the Union a republican form of government. The latter, indeed, in the case of a' rebellion, which involves the government of a State, and, for the time, excludes the. national authority from its limits, seems to be a necessary complement to the former. Of this the case of Texas furnishes a striking illustration. When thewar closed there was no fOvernment in the State except that which had een organized for the purpose Of waging wai agaiOst the United States. That government immediately disappeared. The chief function aries left the State. Many of the subordinate officials followed their example. Legal responsi bilities were annulled or greatly impaired. It was inevitable that great confusion should pre vail. If order was maintained, it was where the good sense and virtue of the citizens gave support to local acting magistrates, or supplied more directly the heedful restraints. A great social change increased the difficulty of the situation. Slaves in the insurgent States, with certain local exceptions, had been declared free by the proclamation of emancipation, and , whatever question's might be made as to the effect of that act Under the Constitution, it was clear from the beginning that its practical operation, in connection with legislative acts of lik« tendency, must be complete enfranchisement. Wherever the national forces obtained contro}, the slaves became freemen. Support to the acts of Con gress and the proclamation of the President con cerning slaves was made aicoodition of amnesty* by President Lincoln, in December, 1863, and by President Johnson, in May, 1885.f And eman cipation was confirmed, rather than ordained, in the insurgent States, by the amendment to the Constitution prohibiting slavery throughout the •13 U. S. Stat., 737. +13 U. S.Stat., 758 452 POLITICAL MANUAL. Union, which was proposed by Congress in Feb ruary, 1865, and ratified before the close of the following autumn by the requisite three-fourths of the States.* The new freemen necessarily became part of the people, and the people still constituted the State; for States, like individuals, retain their identity, though changed to some extent in their constituent elements. And it was the-State, thus constituted, which was now entitled to the benefit of the constitutional guaranty. There being, then, no government in Texas, in constitutional relations with the Union, it be came the duty of the United States to provide for the restoration of such a government. But the restoration of the government which existed before the rebellion, withjut a new election of officers, was obviously impossible ; and before any such election could be properly held, it was necessary that the old constitution should receive such amendments as would conform its provisions to the new conditions created by emancipation, and afford adequate security to the people of the In the exercise of the power conferred by the guaranty clause, as in the exercise of every other constitutional power, a discretion in the choice of means is necessarily allowed. It is essential only that the means must be necessary and prop er for carrying into execution the power confer red, through the restoration of the State to its constitutional relations, under a republican form of government, and that no acts be done, and no authority exerted, which is either prohibited or unsanctioned by the Constitution. It is not important to review at length the measures which have been taken under this power by the executive and legislative depart ments of the national Government. It is proper, however, to observe, that almost immediately after the cessation of organized hostilities, and while the war yet smouldered in Texas, the President of the United States issued his pro clamation appointing a provisional governor for the State, and providing for the assembling of a convention, with a view to the re-sstablishment of a republican government, under an amended constitution, and to the restoration of the State to her proper constitutional relations. A con vention was accordingly assembled, the consti tution amended, elections held, and a State gov ernment acknowledging its obligations to the Union established. Whether 'the action then taken was in all respects warranted by the Constitution it is not now necessary to determine. The power exer cised by the President was supposed doubtless to be derived from his constitutional functions as commander-in-chief; and, so long as the war continued, it cannot be denied that he might institute temporary government within insur gent districts occupied by the national forces, or take measures in any State for the restoration of State government faithful to the Union, em ploying, however, in such efforts, only such means and agents as were authorized by consti tutional laws. But the power to carry into effect the clauBe •13 U.S. Stat, 774-6. of guaranty is primarily a legislative power an.; resides in Congress. " Under the fourth !rn,tc.u of the Constitution, it rests with Congress to de cide what government is the established on ein a State. For, as the United States gu'iianty to each State' a republican government, Congress must necessarily decide what government is es tablished in the State before it cj,n determine whether it is republican or not." This is the language of the late Chief Justice, speaking for this court, in a case from Rhode Island,* arising from the organization of opposing governments in that State. And wo think that the principle sanctioned by it may be applied with even more propriety to the case of a State deprived of all rightful government by revolu tionary violence, though necessarily limited to cases where the rightful government is thus sub verted or in imminent danger of being over thrown by an opposing government set up by force within the State. The action of the President must, therefore, be considered as provisional, and in that light it seems to have been regarded by Congress. It was taken after the term of the 38th Congress had expired. The 39th Congress, which assem bled in December, 1865, followed by the 40th Congress, which met in March, 1867, proceeded, after long deliberation, to adopt various measures for reorganization and restoration. These meas ures were embodied in proposed amendments to the Constitution, and in the acts known as the reconstruction acts, which have been so far car ried into effect, that a majority of the States which were engaged in the rebellion have been restored to their constitutional relations, under forms of government adjudged to be republican by Congress, through the admission of their "Senators and Representatives into the councils of the Union." Nothing in the case before us requires the court to pronounce judgment upon the constitu tionality of any particular provision of these acts. But it is important to observe, that these acts themselves show that the governments which had been established, and had been in actual operation under executive direction, were recog nized by Congress as provisional, as existing, and as capable of continuance. By the act of March 2, 1867,f the first of the series, these governments were, indeed, pro nounced illegal, and were subjected to military control, and were declared to be provisional only ; and by the supplementary act of July 19, 1867, the third of the series, it was further de clared, that it was the true intent and meaning of the act of March 2 that the governments then existing were not legal State governments, and, if continued, were to be continued subject to the military commanders of the respective districts and to the paramount authority of Con gress. We do not inquire here into the consti tutionality of this legislation so far as it relates to military authority, or to the paramount au thority of Congress. It suffices to say, that the terms of the acts necessarily imply recognition of actually existing governments, and tnat, in • Luther vs. Borden, 7 How., 42. + U. S. Stat., '428. JUDICIAL DECISIONS, ETC. 453 point ot lact, the governments thus recognized, in some important respects, still exist. What has thus been said generally describes with sufficient accuracy tbe situation of Texas. A provisional governor of the State was ap pointed by the President in 1865, in 1866 a governor was elected by the people under the constitution of that year, at a subsequent date a governor was appointed by the commander of ,the district. Each of the three exercised execu tive functions, and actually represented the State in the executive department. In the case before us each has given his sanc tion to the prosecution of the suit, and we find no difficulty, without investigating the legal tjtle of either to the executive office, in holding that the sanction thus given sufficiently war ranted the action pf the solicitor and counsel in behalf of the State. The necessary conclusion . is that the suit was instituted and is prosecuted by competent authority. The question of jurisdiction being thus dis posed of, we proceed to the consideration of the merits as presented by the pleadings and the evidence. And the first question to be answered is, whether or not the title of the State to the bonds in controversy was divested by the contract of the military board with White and Chiles? That the bonds were the property of the State of Texas on the 11th of January, 1862, when the act prohibiting alienation without the en dorsement of the governor was repealed, admits of no question and is not denied. They came into her possession and ownership through pub lic acts of the General Government and of the State, which gave notice to all the world of the transaction consummated by them. And we think it clear that, if a State by a public act of her legislature imposes restrictions upon the alienation of her property, every person who takes a transfer of such property must be held affected by notice of them. Alienation in dis- " regard of such restrictions can convey no title. . In this case, however, it is said that the re striction imposed by the act of 1851 was repealed by the act of 1862. And this is true if the act of ,1862 can be regarded as valid. But was it valid? : The legislature of Texas, at the time of tbe repeal, constituted one of the departments of a State government established in hostility to the Constitution of the United States. It cannot be regarded, therefore, in the courts of the United States, as a lawful legislature, or its acts as law ful acts. And, yet it is a historical fact that the government of Texas, then in full control of the State, was its only actual government; and, cer tainly, if Texas had been a separate State, and not one of the United States, the new govern ment, having displaced tbe regular authority, and having established itself in tbe customary Beats of power, and in the exercise of the ordi nary functions of administration, would have constituted, in the strictest sense of the words, a de facto government, and its acts, during the period of its existence as such, would be effectual, and in almost all respects valid. And to some extent this is true of the actu-il government of Teaas, though unlawful and revolutionary as, to the United States. It Is not necessary to attempt any exact de finitions within which the acts of such a State government must be treated as valid or invalid. it may be said, perhaps with sufficient accuracy, that acts necessary to peace and good order among citizens, such, for example, as acts sanc tioning and protecting marriage and the do mestic relations, governing the course of descents, regulating the conveyance! and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts, which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding from an actual, though unlawful government ; and that acts in furtherance or support of rebel lion against the United States, or intended to defeat the just rights of citizens, and other acts of like nature, must, in general, be regarded as invalid and void. What, then, tried by these general tests, was the character of the contract of the military board with White and Chiles? That board, as we have seen, was organized, not for the defence of the State against a foreign invasion, or for its protection against domestic violence, within the meaning of these words as used in the national Constitution, but for the purpose, under ths name of defence, of levying war against the United States. This purpose was undoubtedly unlawful, for the acts, which it contemplated are, within the express definition of the Constitution, treasonable. It is true that the military board was subse quently reorganized. It consisted thereafter of the governor and two other members, ap pointed and removable by him; and was, there fore, entirely subordinate to executive control. Its general object remained without change, hut its powers were "extended to the control of all public works and supplies, and to the aid of producing within the State, by the importa tion of articles necessary and proper for Buch aid." And it was insisted in argument on behalf of some of the defendants that the coptract with White and Chiles, being for the purchase of cotton cards and medicines, was not a contract in aid of the rebellion, but for obtaining goods capable of a use entirely legitimate and inno cent, and therefore that payment for those goods by the transfer of any property of the State was not unlawful. We cannot adopt this view. Without entering at this time upon the inquiry whether any contract made by such a board can be sustained, we are obliged to say that the enlarged powers of the board appear to us to have been conferred in furtherance of its main purpose of war against the United States, and tbat the contract under consideration, even if made in the execution of these enlarged powers, was still a contract in aid of the rebel lion, and therefore void. And we cannot shut our eyes to the evidence which proves that the act of repeal was intended to aid rebellion by facilitating the transfer of these bonds. It was supposed, doubtless, that negotiation of them would be less difficult if they bore upon their face no direct evidence of having come from the possession of any insurgent State government. 454 POLITICAL MANUAL. We can give no effect, therefore, to this repeal ing act. It follows that the title of the State was not divested by the act of the insurgent government in eptering into this contract. But it was insisted further, in behalf of those defendants who claim certain of these bonds by purchase, or aB collateral security, that however Unlawful may\have been tbe means by which White and Chiles obtained possession of the bonds, they are innocent holders without no tice, and entitled to protection as such under the rules which apply to securities which pass by delivery. These rules were fully discussed in Murray vs. Lardner* We held in that case that the purchase of coupon bonds, before due, with out notice and in good faith, is unaffected by want of title in the seller, and that the burden of proof in respect to notice and want of good faith is on the claimant of the bonds as against the pur chaser. We are entirely satisfied with this doc trine. Does the State, then, show affirmatively notice to these defendants of want of title to the bonds in White and Chiles ? It would be difficult to give a negative answer to this question, if there were no other proof than the legislative acts of Texas. But there is other evidence which might fairly be -held to be sufficient proof of notice, if the rule to which we have adverted could be properly applied to this case. But these rules have never been applied to matured obligations. Purchasers of notes or bonds past due take nothing but the actual right and title of the vendors.-)- The bonds in question were dated'January 1, 1851, and were redeemable after the 31st of De cember, 1864. In strictness, it is true they were not payable on the day when they became re deemable ; but the known usage of the United States to pay all bonds as soon as the right of payment accrues, except where a distinction be tween redeemability and payability is made by law and shown on the face of the bonds, requires the application of the rule respecting over-due obligations to bonds of the United States which have become redeemable, and in respect to which no such distinction has been made. Now,«U the bonds in controversy had become redeemable before the date of the contract with White and Chiles; and all bonds of the same issue which have the endorsement of a governor of Texas made before the date of the secession ordinance — and there were no others endorsed by any governor — had been paid in coin on pre sentation at the Treasury Department; while, on the contrary, applications for the paymont of bonds, without the required endorsement, and of coupons detached from such bonds, made to that department, had been denied. As a necessary consequence, the negotiation of these bonds became difficult. They sold much below the rates they would have commanded had the title to them been unquestioned. They were bought in fact, and under the circumstances could only have been bought, upon speculation. The purchasers took the risk of a bad title, * 2 Wall., 118. f Brown vs. Davis, 37 E., 80 j Goodman vs. Symonds, 20 Hdtf., 366. <™uuunui hoping, doubtless, that, througn the action of the national Government or of the government of Texas, it might be converted into a good one. And it is true that the first provisional governor of Texas encouraged the expectation that these bonds would be ultimately paid. to the holders. But he was not authorized' to make any engage ment in behalf of fhe State, and in fact made none. It is true, also, that, the Treasury Depart ment, influenced perhaps by these representa tions, departed to some extent from its original rule, and paid bonds held by some of the defend'-, ants without the required endorsement. But it is clear that this change in the action of the de partment could not affect the rights of Texas as a State of the Union, having a government acknowledging her obligations to the national Constitution. It is impossible ppon this evidence to hold the defendants protected by absence of notice of the want of title in White and Chiles. Aa these persons acquired no right to payment of these bonds as against the State, purchasers could ac quire none through them. Qn the whole case, therefore, our conclusion is, that the State of Texas is entitled to the relief Sought by her bill, and a decree must be made accordingly. Dissenting Opiniok. Mr. Justice Grier dissenting, delivered the following opinion: I regret that I am cpmpelled to. dissent from the opinion of the majority of the court on all the points raised and decided in this case. Thie first question in order is' th,e jurisdiction - of the court to entertain this bill in behalf qf the State of Texas- The original jurisdiction of this court can be invoked only by one ofthe United States. The Territories have bo such right epn.fen'ed on them by the Constitution, nor have the Indian tribes who are under ihe protection of the military authorities of the Go vernment. Is Texas one of these United States? Or was she sudi at the time this bill 'was fjled. or since? This is to be decided as a political fact, not as' a legal fiction. This court is bound to know and notice the public history of the nation. _ If I regard the truth of history for the last eight years, 1 canppt discover the State of Texas as one of these United States. T do pot think it necessary to notice any of the very astute arguments which have been advanced by the learned counsel in this case "to find the definition of a State, when we have the subject treated in a clear and commpn-sense manner, and'without any astute judicial abstractions, by Chief Justice Marshall, in the case of Hepburn & Dundass vs Elzey. 2 Cranch, 45,2. Aa the case is short and clear, I hope to, be excused for a foil report of the case as stated and decided by the court. "The question," says Marshall, C J., "is whether the plaintiffs, ae residents of the District of Col umbia, can maintain an action in the circuit court of the United States for the district of Virginia. This depends on the act of CongreijB describing the jurisdiction of that court. Tho act gives jurisdiction to the circuit courts in JUDICIAL DECISIONS, ETC. 455 sases between a citizen of the State in which the suit is brought, and a citizen of another State. To support the jurisdiction in this case, it must topear that Columbia is a State. On the part of the plaintiff it haB been urged that Columbia is a distinct political society, and is, therefore, a '¦State' according to the definition of writers on general law. This is true; but as the act of Congress obviously uses the word 'State' in reference to tbat term as used in the Constitu tion, it becomes necessary to inquire whether Columbia is a State in the sense of that instru ment. The result of that examination is a conviction that the members of the American confederacy only are the States contemplated in the Constitution. The House of Representatives is to be composed of members chosen by the people of the several States, and each State shall nave at least one representative. 'The Senate ofthe United States shall be composed of two senators from each State.' Each State shall ap point for the eleetioo of the executive a number of electors equal to its whole number of senators and representatives. These clauses show that the word 'State' is used in the Constitution as designating a member of the Union, and excludes from the term the signification attached to it by writerB on the law of nations." Now we have here a clear and well defined test by which we may arrive at a conclusion with regard to the questions of fact now to be decided. Is Texas a State, now represented by members chosen by the people of that State and received on the floor of Congress ? Has she two senators to represent her as a Slate in tbe Senate of the United States? Has her voice- been heard in the laie election of President? Is she not now held and governed as a conquered province by mili tary force? The act of Congress of March 28, 1867, declares Texas to be a "rebel State," and provides for its government until a legal and re publican State government could be legally es tablished. It constituted Louisiana and Texas the fifth military district, and made it subject, not to the civil authority, but to the " military authorities of the United States." It is true that no organized rebellion now ex ists there, and the courts of the United States now exercise jurisdiction over the people of that province. But this is no test of the State's being in the Union : Daeotah is no State, and yet the oourts of the United States administer justice there as they do in Texas. The Indian tribes, who are governed by military force, cannot claim to be States of the Union. Wherein does the condition of- Texas differ from theirs? Now, by assuming or admitting as a fact the present status of Texas, as a State not in the Union politically-, I beg leave to protest against any charge of inconsistency as to judicial opin ions heretofore expressed as a Member of this oourt or silently assented to. I do not consider myself bound to express any opinion judicially as to the constitutional right of Texas to exer- cise the rights and privileges of a State of this Union, or the power of Congress to govern her as a conquered province, to subject her to mili tary domination and keep her in pupilage. I can only submit to the fact as decided by the political position of the government ; and I am not disposed to join in any esBay of judicial subtlety to prove Texas to be a State of the Union, when Congress have decided that she is Pot. It is a question of fact, I repeat, and of fact only. Politically, Texas is not a State in this Union. Whether rightfully out of it or not is a question not before the court, and I am not called on to confute a fact with syllogisms. But conceding now the fact to be as judicially assumed -by my brethren, the next question is whether she has a right to repudiate her con tracts ? Before proceeding to answer this ques tion, we must notice a fact in this case that was forgotten in the argument. I mean that the United States are no party to this suit, and re fusing to pay the bonds because the money paid would be used to advance the interests of the rebellion. It is a matter of utter insignificance to the Government of the United States to whom Bhe makes the payment of these bonds. They are payable to the bearer. The Government is not bound to inquire into the bona fides of the holder, nor whether the State of Texas has parted with the bonds wisely or foolishly. And, although by the reconstruction acts she is re quired to repudiate all debts contracted for the purposes of the rebellion, this does not annul all acts of the State government during the rebel lion or contracts for other purposes, nor author ize the State to repudiate them. Now, whether we assume the State of Texas to be judicially in the Union (though actually out of it) or not, it will not alter the case. The contest is now between the State of Texas and her own citizens. She seeks to annul a contract with flie respondents based on the allegation that there was no authority in Texas competent to enter into an agreement during the rebellion. Having relied upon one judicial fiction, namely, that she is a state iu the Union, she now relies upon a second one, which she wishes this court to adopt, that she was not a State at all during the five years that she was in rebellion. She now sets up the plea of insanity, and asks the court to treat all her acts made during the disease 33 void. We have had some very astute logic to prove that judicially she was not a State at all, although governed by her own legislature and executive as " a dislinct political body." The ordinance of secession was adopted by the convention on the 18th February, 1861, sub mitted to a vote of the people, and ratified by an overwhelming majority. I admit that this was a very ill-advised meas ure. Still, it was the sovereign act of a sovereign State.and the verdict on the trial of this ques tion "by battle," (Prize Cases 2 Black, 673,) as to her right to secede, has been against her. But that verdict did not settle any question not involved in the case. It did not settle the ques tion of her right to plead insanity and set aside all her contracts, made during the pending of the trial, with her own citizens, for food, clothing, or medicines. The same " organized political body," exereising the sovereign power of the State, which required the endorsement of these bonds by the governor, aiso passed the laws authorizing the disriosal of them without such endorsement. She l&G POLITICAL MANUAL. cannot, like the chameleon, assume the color of the.object to wliich she adheres, and ask this court to involve itself iu the contradictory positions that-she is a State in the Union and was never out of it, and yet not a State at all for four years, during which she, acted and claims to be "an organized political body," exercising all the powers and functions of an independent sovereign State. Whether a State de facto or dejure, she is estopped from denying her identity in disputes with her own citizens. If they have not fulfilled their contract, she can have her, legal remedy for the breach of it in ber own courts. But the case of HardeDberg differs from that ofthe other defendants. He purchased the bonds in open market, bona fide, and for a full consid eration. Now, it is to be observed that these bonds are payable to bearer, and that this court is appealed to as a court of equity. The argument to justify a decree in favor-of the Commonwealth of Texas as against Hardenberg is simply this : these bonds, though payable to bearer, are re deemable fourteeu years from date. The Gov ernment has exercised her privilege of paying the interest for a term without redeeming the principal, which gives an additional value to the bonds. Ergo, the bonds are dishonored. Ergo, the former owner has a right to resume the pos session of them, and reclaim them from a bona fide owner by a decree of a court of equity. This is the legal argument, when put in the form of a logical sorites, by which Texas invokes our aid to assist her in the perpetration of this great wrong. A court of chancery is said to be a court of conscience ; and however astute may be the ar gument introduced to defend this decree, I can only say that neither my reason nor my con science can give assent to it. Of course I am justly convicted by my brethren of an erroneous use of both ; but I hope I may say, without of fence, that I am not convinced of it. Mr. Justice Swayne delivered the following opinion : I concur with my brother Grier as to the inca pacity of the State of Texas, in her present con dition, to maintain an original suit in this court. The question, in my judgment, is one in relation to which this court is bound by the action of the legislative department of the Government. Upon the merits of the case I agree with the majority of my brethren. I am authorized to say that my brother Mil ler unites with me in these views. The decree in this case was, on motion of Wil liam M. Evarts' and J. M. Carlisle, suspended in so far as it affects the rights of any holders or purchasers of the coupon bonds who obtained them in open market, and a re-argunfent of the caBe was ordered for October next. The McCardle Case. No. 223, December Teem, 1868. Appeal from the cir cuit court of tho United States for the southern dis trict of Missis sippi. Mr. Chief Justice Chase delivered the opinion of the court. Ex parte William H. McCardle, appellant. This cause came here by appeal from the cir cuit court for the southern districtof Mississippi.! A petition for the writ of habeas corpus was preferred in that court by the -appellant, alleg ing unlawful restraint by military force. The writ was issued, and a return was made by the military commander, admitting the re straint, but denying that it was unlawful. It appeared that the petitioner was not in the military service of the United States, but was held in custody by military authority for trial before a military commission upon charges founded upon the publication of articles alleged to be incendiary and libelous, in a newspaper Of which he wae editor. Upon the hearing the petitioner was remanded. to the military custody; but upon bis prayer an appeal was allowed him to this court, and, upon filing the usual appeal bond for costs, he was ad mitted to bail upon recognizance, with sureties, conditioned for his future appearance in the cir cuit court, to abide by and perform the final judgment of this court. A motion to dismiss this appeal was made at the last term, and, after argument, was denied. A full statement of the case may be found in the report of this decision;* and it is unneces sary to repeat it here. Subsequently the case was argued very thor oughly and ably upon the merits, and was taken under advisement. While it was thus held, and before conference in regard to the decision proper to be made, an act was passed by Con' fress,j- returned with objections by the Presi- ent, and re-passed by the constitutional major ity, which it is insisted takes from this court juridiction of the appeal. The second section of this act was as follows : "And be it further enacted. That so much of the act approved February 5, 1867, entitled ah act to amend an act to establish the judicial ' courts of the United States, approved September 24,1789, as authorized an appeal from the judge ment of the circuit court to the Supreme Court of the United States, or the exercise of any such jurisdiction by said Supreme Court on appeals which have been or may hereafter be taken, be, and the same is hereby, repealed." The attention of the court was directed to this statute at the last term, but counsel having ex pressed a desire to be heard in argument upon - its effect, and the Chief Justice being detained- : from his place here by his duties in the court of . impeachment, the cause was continued under advisement. At this term we have heard argument upon' -" the effect of the repealing act, and will now dis- ' pose of the case. The first question necessarily is that of juris- ;; diction; for, if the act of March, 1868, takes away the jurisdiction defined by the act of Feb- ' ruary, 1867, it is useless, if not improper, to enter: -' into any discussion of other questions. Itis quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acte of Congress. It is, strictly speaking, conferred by the Consti- *Ex-parte MoCardle, 6 Wall., 318. fAct March 27, 1868, 16 U. S. Stat. 44. JUDICIAL DECISIONS, ETC. 457 tution. But.it is conferred "with such excep tions and under such regulations as Congress shall make." It is unnecessary to consider whether, if Con gress had made no exceptions and no regulations, §lis court might not have exercised general ap pellate jurisdiction under rules prescribed by Uself. For among the earliest acts of the 1st Congress, atits 1st session, was the act of Septem ber 24, 1789, to establish the judicial courts of the United States. That act provided for the organization of this court, and prescribed regu lations for the exercise of its jurisdiction. .The source of that jurisdiction, and the limita tions of it by the Constitution aud by statute, have been on several occasions subjects of con sideration here. In the case of Durousseau vs. The United States,* particularly, the whole mat ter was carefully examined, and the court held that, while " the appellate powers of this court are not given by the judicial act, but are given by the Constitution," they are nevertheless "lim ited and regulated by that act, and by such other acts as have been passed on the subject." The court said further, that the judicial act was an exercise of the power given by the Constitution to Congress " of making exceptions to the appel late jurisdiction of the Supreme Court." "They have described affirmatively," said the court, " its jurisdiction, and this affirmative description has been understood to imply a negation of the exer cise of such appellate power as is not compre hended within it." -The principle that the affirmation of appellate jurisdiction implies the negation of all such ju risdiction not affirmed having been thus estab lished, it was au almost necessary consequence that acts of Congress, providing for the exercise of jurisdiction, should come to be spoken of as acts granting jurisdiction, and not as acts making exceptions to the constitutional grant of it. ;The exception to appellate jurisdiction in the case before us, however, is not an inference from the.affirmation of other appellate jurisdiction. It is made in terms. The provision of the act of 1867, affirming the appellate jurisdiction of this court in cases of habeas corpus, is expressly re pealed. It is hardly possible to imagine a plainer instance of positive exception. We are not at liberty to inquire into the mo tives of the legislature. We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate juris diction of this court is given by express words. What, then, is the effect of the repealing act Upon the case before us ? We cannot doubt as to.this. Without jurisdiction the court cannot proceed at all in any cause Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause. And this is not less clear upon authority than upon principle. iSeveral cases were cited by the counsel for the petitioner in support of the position that juris diction of this case is not affected -by the repeal ing act. But none of them, in our judgment, afford any support to it. They are all cases of •BCranch, 312; Wiscart vs. Dauchy, 3 Dall., 321. the exercise of judicial power by the legislature, or of legislative interference, with courts in the exercising of continuing jurisdiction * On the other hand, the general rule, supported by the best elementary writers,f is, that "wha« an act of the legislature is" repealed, it must be considered, except as to transactions past and closed, as if it never existed." And the effect of repealing acts upon suits under acts repealed has been determined by the adjudications of this court. The subject was fully considered in Nor ris vs. Crocker.f and more recently in Insurance Company vs. Ritchie.f) In both of these cases it was held that no judgment could be rendered in a suit after the repeal of the act under which it was brought and prosecuted. It is quite clear, therefore, that this court can not proceed to pronouPce judgment is this case, for it has no longer jurisdiction of the appeal; and judicial duty is not less fitly performed by declining ungranted jurisdiction than in exer cising firmly that which the Constitution and the laws confer. Counsel seem to have supposed, if effect be given to the repealing act in question, that the whole appellate power of the court in cases in habeas corpus is denied. But this is an error. The act of 1868 does not except from that juris diction any cases but appeals from circuit courts under the act of 1867. It does affect the juris diction which was previously exercised. || The appeal of the petitioner in this case must be dismissed for want of jurisdiction. Opinions in the Caesar Griffin Case— Virginia. Opinion of Chief Justice Chase, Mat 10, 1869. Circuit court of the United States for the district of Virginia, in the matter of Cessar Griffin — Petition for habeas corpus. This is an appeal from an order of discharge from imprisonment made by the district judge, acting as a j udge of the circuit court, upon a writ of habeas corpus, allowed upon the pelition of Caesar Griffin. The petition alleged unlawful restraint of the petitioner, in violation of the Constitution of the United States, by the sheriff of Rockbridge county, Virginia, in virtue of a pretended judg ment rendered in the circuit court of that county by Hugh W. Sheffey, present and presiding therein as judge, though disabled from holding any office whatever by the XlVth amendment of the Con stitution of the United States. Upon this petition a writ of habeas corpus was allowed and served, and the body of the peti tioner, with a return Bhowing the cause of deten tion, was produced by the sheriff, in conformity With its command. The general facts of the case, as shown to the district judge, may be briefly stated as fol lows: The circuit court of Rockbridge county is a court of record of the State of Virginia, having civil and criminal jurisdiction. In this court, the petitioner, Caesar Griffin, indicted in the *De Chastellux vs. Fairchild, 15 Pa., 18; The State vs. Fleming, 7 Humph., 152; Lewis vs. Webb, 3 Greene, 326 ; Lanier vs. Gallatus, 13 La. An., 175. +DwarrisonStatutes,538. :): 13 How., 429. §5 Wall.,541. || Ex parte McCardle, 6 Wall,, 324. 458 POLITICAL MANUAL. county court for shooting, with intent to kill, was regularly tried in pursuance of his own elec tion ; and, having been convicted, was sentenced according to the finding of the jury, to imprison ment for two years, and was in tbe custody of the sheriff to be conveyed to the penitentiary, in pursuance of this sentence. Griffin is a colored man; but there was no allegation that the trial was not fairly conducted, or that any discrimination was made against ¦him, either in indictment, trial, or sentence, on account of color. It was not claimed that the grand jury- by which he was indicted, or the petit jury by which he was tried, was not in all respects lawful and competent. Nor was it alleged that Hugh W. Sheffey, the judge who preeided at the trial and pronounced the sentence, did not conduct the trial with fairness and uprightness. One of the counsel for the petitioner, indeed, upon the hearing in this court, pronounced au eulogium upon his character both as a man and as a magistrate, to deserve which might well be the honorable aspiration of any judge. But it was alleged and was admitted that Judge Sheffey, in December, 1849, as a member ofthe Virginia house of delegates, took an oath to support the Constitution of the United States, and also that he was a member of the legisla ture of Virginia during the late rebellion in 1862, and as such voted for measures to sustain the Bo-called Confederate States in their war against the United States; and it wa3 claimed in behalf of the petitioner that he thereby be came, and was at the time of the trial of the petitioner, disqualified to hold any office, civil or military, under the United States, or under any State ; and it was specially insisted that the petitioner was entitled to his discharge upon the ground of the incapacity of Sheffey under the XlVth amendment to act as judge and pass sen tence of imprisonment. Upon this showing and argument it was held by the district judge that the sentence of Cassar Griffin was absolutely null; that his imprison ment was in violation of the Constitution ofthe United States, and au order for his discharge from custody was made accordingly. The general question to be determined on the appeal from this order is whether or not the sentence of the circuit court of Rockbridge coun ty must be regarded as a nullity, because of the disability to hold any office under the State of Virginia imposed by the XlVth amendment on the person who in fact presided as judge in that court. It may be properly borne in mind that the disqualification did not exist at the time that Sheffey became judge. When the functionaries of the State govern ment existing in Virginia at the commencement of the late civil war took part, together with a majority ofthe citizens of the State, in rebellion against the' Government of ihe United States, tney ceased to constitute a State government for the SUte of Virginia which could be recognized as such by the national Government. Their ex ample of hostility to the Union, however, was not followed throughout the State. In many ooun- ties the local authorities and majorities of the people adhered to the national Government; .and representatives from those counties soon after as sembled in convention at Wheeling, and organ ized a government for the State. This govern ment was recognized as the lawful government of Virginia by the executive and legislative de partments of the national Government, and this recognition was .conclusive upon the judicial department. The government of the State thus recognized was, in contemplation of law, the government of the whole State of Virginia, though excluded, as the Government of the United States was itself, excluded, from the greater portibn of the lerrj.. tory of the State. It was the legislature of the reorganized State which gave the consent of Vir ginia to the formation of the State of West Vir ginia. To the formation of that State the consent of its own legislature and of the legislature of the State of Virginia and of Congress was indis pensable. If either had been wanting, no Stats within the limite of the old could have been constitutionally formed ; and. it is clear, that if the government instituted at Wheeling was not the government of the wholeState of Virginia, no new State has ever been constitutionally formed within her ancient boundaries. It cannot admit of question, then, that the government which consented to the formation of the State of West Virginia, remained, in aU national relations, the government of Virginia, although that event reduced to very narrovj limits the territory acknowledging its jurisdic tion, and not controlled by insurgent force. In deed, it is well known, historically, that the State and the government of Virginia, thus organized, was recognized by the national Government, Senators and Representatives from the State oc cupied seats in Congress, and when the insurgent force which held possession of the principal part of the territory was overcome, and the govern ment recognized by the United States was trans ferred from Alexandria to Richmond, it became in fact, what it was before iu law, tbe govern ment of the whole State. As such it was entitled, under the Constitution, to the same recognition and respect, in national relations, as the govern ment of any other State. It was under this government that Hugh W. Sheffey was, on the 22d February, 1866, duly appointed j udge of the circuit court of Rockbridge county,- and he was in the regular exercise of his functions as such when Giiffin was tried an.oj sentenced. More than two years had elapsed, after the date of his appointment, when the ratification of the XlVth amendment by tbe requisite number of States was officially promulgated by the See^ retary of State, on the 28th of.July, 1868. That amendment, in its 3d section, ordains that " no person shall be a senator or represent ative in. Congress, or elector of President and Vice President, or hold any office, civil or mili tary, under the Upited States, or under any State, who, having previously taken an oath as a mem ber of Congress, or as an officer of the United^ States, or as a member of any State legislature, or as an executive or judicial officer of any State^ to support the Constitution of the United States; shall have engaged in insurrection or rebellion JUDICIAL DECISIONS, ETC. 459 against the same, or given aid or comfort to tlie enemies thereof." .And it is admitted tbat the office held by Judge Sheffey, at the tinie rf the trial of Griffin, was an pffice under the Stile of Virginia, andthat he was one of the pers'ips to whom the prohibition tp hold office pronotoped by the amendment ap plied.. The question to be copsiderpd, therefore, is whether, upon asonnd construction ofthe amend ment, it must be, Regarded as operating directly, without any intermediate proceeding whatever, upon all persons within the category of prohibi tion, and as depriving them at once and abW jjitely of all official authority and power. Ope of tha counsel for the petitioner suggested that the amendment must be construed with refer ence tp the.a.ct of 1867, which extends the writ ojjiabc&s corpus to a large class of cases in which tjie previous legislation did not allow it to be issued. And it is proper to say a few words of this suggestion here. ' The judiciary act of 1789 expressly denied the bsncfi,'of the wr,it °f ha}>eq,s corpus to prisoners not confined under or by color of the authority of Vie United States. Under that act, no person co'jfned under State authority could haye the Ijepefit of the writ. Afterwards, in 1833 and J8P, the writ was extended to certain oases, spe.- cially described, of ipoprisonpiept under State process; and in 1,867, by the act tp which the Counsel referred, the writ was still further ex tended " to all pases where any person ma,y be restrained of liberty in violation of the Consti tution, or pf any trpaty or law of the United States." And the learned counsel was doubtless corv red in maintaining that withput the act of 1867 there would be no remedy for habeas corpus in the case of the petitioner, nor, indeed, in any case of imprisonment in violation of the Consti tution ofthe United States, except in the possi ble case of an imprisonrnent not only within the provisions of this act, but ajsp within the, pra- visions of eome one of the previous acts of 1789, 1833, and 1842. But if, in saying that the amendment must be construed with reference, to the. act, the counsel meant to affirm that the existence of the apt throws any light whatever upon the construe^ tion of the amendment, the court is unable t.p perceive the fprqe of hjs observation. It is not pretended that imprisonment for BKooting with incept to kill is unconstitutional, and it will hardly be affirmed that the act pf 1867 throws any light whatever upon the ques- R°n,, whether such imprisonment in any partic ular case is unconstitutional. The case of un constitutional imprisonment must be established by appropriate evidence. It cannot be inferred from the existence of a, remedy for such a case. And, surely, no cons.truqtioii, otherwise unwar ranted, cap he. put upon the amendment, spore than, upon any other provision of the Constitu tion, tp make a, case of violation opt of acts Which, otherwise, mpst be regarded a,a not only liRnstiliutional, but right. We camp, then to, the question of construction. What was the intention of the people of the W»tp4 States in adopting the XlVth amend ment? What is the true scope and purpose of the prohibition to hold office contained in the third section ? The proposition maintained in behalf of the petitioner is, that this prohibition instantly, on the day of its promulgation, vacated all offices held by persons within the category of prohibi tion, and made all official acls performed by them since that day null and void. One of the counsel sought to vindicate this construction of the amendment upon the ground that the definitions of the verb " to hold," given by Webster, in his dictionary, are "to stop; to confine; t° restrain from escape; to keep fast; to retain;" of which definitions the author says that "to hold rarely . or never BignifieB the first act pf seizing or falling op, but tlie act of retain^ ipe a tbipg when seized op or oonfiued." The other counsel seemed to be embarrassed by thp difficulties of this literal construction, and sought fp establish a distinction between sentences ip criminal pases and judgments and decrees in civil cases. He admitted, indeed, that thp latter might be valid when made by a court held by a judge within the prohibitive category pf the amendment, but insisted that the sep- tepqes of the sanie court in criminal cases must he treated as nullifies. The ground of the dis tinction, if we correctly apprehend the argument, was found in the circumstance that the act of 1867 provided a siirnmary redress in the latter class of cases; while ip the former no summary remedy could be had, and great inconvenience would arise from regarding decrees and judg ments as utterly null and without effeot. But this ground of distinction seems to the court unsubstantial, It rests upon the fallacy already commented on. The amendment makes no Buch distinction as jp supposed. It does not deal with cases, but with persons. The prohi bition is. genera), No person in ihe prohibitive category can hold office. It applies to all per* SOPS and to aU offices, under tlie United States Or any State. If upon a true construction it operates as a removal of a judge, and avoids all sentences in criminal cases prpnopneed by him after the promulgation of the amendmepfc it must be held to have the effect of removing all judges and all officers, and annulling all their official acts after that date, the literal construction, therefore, is the only one upon winch the order of the learned district judge, discharging the prisoner, ca.n be sustained, and was, indeed, as appears from his certificate, the construction upon which the order was made, He says expressly, " the Tight of the petitioner to hjs disqharge appeared to- me to rest solely on the incapacity of the sajd Hugh W. Sheffey to act, (that is, as jpdge,) and so to sentence the prisoner, qnder the XlVth amendment." Was this a correct construction? In thp examination of questions of this sort, great attention i? properly paid, to the argument from, inconvenience. This argument, it is true, cannot prevail over plain words or clear reason, But, on the other hand, a construction which must necessarily occasion great public and. prU vate mischief must never he preferred to a construction which will occasion neither, of neither in so great degree, unless, the terms o{ 460 POLITICAL MANUAL. the instrument absolutely require 6uch prefer ence. Let it then be considered what consequences would spring from the literal interpretation con tended for in behalf of the petitioner. The amendment applies to all the States of the Union, to all offices under the United States or under any State, and to all persons in the category of prohibition, and for all time, present and future. The offences for which exclusion from office is denounced are not merely engaging in insurrection or rebellion against the United States, but the giving of aid or comfort to their enemies. They are offences not only of civil, but of foreign war. Now, let it be supposed that some of the persons described in tbe third section, during the war with Mexico, gave aid and comfort to the enemies of their country, and nevertheless held some office on the 28th of July, 1868, or subsequently. Is it a reasonable construction of the amend ment which will make it annul every official act of such an officer ? But let another view be taken. It is well known that many persons engaged in the late rebellion have emigrated to States which ad hered to the national Government, and it is not to be doubted that not a few among them, as members of Congress, or officers of the United States, or as members of State legislatures, or as executive or judicial officers of a State, had before the war taken an oath to support the Constitution of the United States. In their new homes, capacity, integrity, fitness, and ac ceptability, may very possibly have been more looked to than antecedents. Probably some of these persons have been elected to office in the StateB which have received them. It is not unliKely that some of them held office on the 28th July, 1868. Must all their official acts be held to be null under the inexorable exigencies of the amendment? But the principal intent of the amendment was, doubtless, to provide for the exclusion from office in the lately insurgent States of all per sons within the prohibitive description. Now, it is well known that before the amend ment was proposed by Congress, governments acknowledging the constitutional supremacy of the national Government had been organized in all these States. In some these governments had been organized through the direct action of the people, encouraged and supported by the President, as in Tennessee, Louisiana and Ar kansas, and in some through similar action in pursuance of Executive proclamation, as in North Carolina, Alabama, and several other States. In Virginia such a State government had been organized as has been already stated, soon after the commencement of the war ; and this government only had been fully recognized by Congress, as well as by the President. This government, indeed, and all the others, except that of Tennessee, were declared by Con gress to be provisional only. But iu all these States all offices had been filled, before the ratification of the amendment, by citizens who at the time of the ratification were actively engaged in the performance of their several duties. Very many, if not a ma jority of these officers, had, in one or another of the capacities described in the third section, taken an oath to support the Constitution, and had afterwards engaged in the late rebellion; and most, if not all, of them continued iu the discharge of their functions after the promulga tion of the amendment, not supposing that by its operation their offices could be vacated without some action of Congress. If the construction now contended for be given to the prohibitive section, the effect must be to annul all official acts performed by these officers. No sentence, po judgment, no decree, no ac knowledgment of a deed, no record of a deed, no sheriff's or commissioner's sale — in Bhort, no official act is of the least validity. It is impos sible to measure the evils which such a construc tion would add to the calamities which have already fallen upon the people of these States. The argument from inconveniences, great' as these, against the construction contended for, is certainly one of no light weight. But there is another principle which, in deter mining the construction of this amendment, is entitled to equal consideration with that which has just been stated and illustrated. It may be stated thus : Of twoconstructions, either of which is warranted by the words of an amendment of a public act, that is to be preferred which best harmonizes the amendment with the general ten or and spirit of the act amended. This principle forbids a construction of the amendment not clearly required by its terms, which will bring it into conflict or disaccord with the other provisions of the Constitution. And here it becomes proper to examine some what more particularly the character of the third section of the amendment. The amendment itself was the first of ths se ries of measures proposed or adopted by Con gress with a view to the reorganization of State governments acknowledging the constitutional supremacy of the national Government in those - States which had attempted to break up their constitutional relations with the Union, and to establish an independent confederacy. All citizens who had, during its earlier stages, engaged in or aided the war against the United States, which resulted inevitably from this at- : tempt, had incurred the penalties of treason under the statute of 1790. But by the act of July 17, 1862, while the civil war was flagrant, the death penalty for treason . committed by engaging in rebellion was practi cally abolished. Afterwards, in December, 1863, full amnesty, on conditions which now certainly1 seem to be moderate, was offered by President . Lincoln, in accordance with the same act of : Congress ; and, after organized resistance to the United States had ceased, amnesty was again of fered, in accordance with the same act,, by Presi dent Johnson, in May, 1865. In both these offers , of amnesty extensive exceptions were made. In June, 1866, little more than a year later, the XlVth amendment was proposed, and was rat ified in July, 1868. The only punitive section contained in it is the third, now under consider ation. It is not improbable that one of the objects of this section was to provide for the se curity of tho nation and of individuals by the JUDICIAL DECISIONS, ETC. 461 exclusion of a class of citizens from office ; but it can hardly be doubted that its main purpose was to inflict upon the leading and most influ ential characters who had been engaged in the rebellion, exclusion from office as a punishment for the offence. It ia true that, in the judgment of some en lightened jurists, its legal effect was to remit all otner punishment, for it led to the general am nesty of December 25, of the same year, and to tke order discontinuing all prosecutions for crime and proceedings for confiscation originating in the rebellion. Such certainly was its practical effect. But this very effect shows distinctly its punitive character. Now, it is undoubted that those provisions of the Constitution which deny to the legislature power to deprive any person of life, liberty, or property without due process of law, or to pass a.bill of attainder, or an expostfacto law, are in consistent, in their spirit and general purpose, with any provision which at once, without trial, deprives a whole class of persons of offices held by them for cause, however grave. It is true that no limit can be imposed on the people when ex ercising their sovereign power in amending their awn constitution of government. But it is a necessary presumption that the people, in the exercise of that power, seek to confirm and im prove, rather than to weaken and impair, the general spirit of the Constitution. , If there were no other grounds than these for seeking another interpretation of the amend ment than that which we are asked to put upon if, we should feel ourselves bound to hold them sufficient. But there is another and sufficient ground, and it is this, that the construction demanded in behalf of the petitioner is nugatory except for mischief. In the language of one of the counsel, " the object had in view by us is not to unseat Hugh W Sheffey, and no judgment of the court can ¦ effect that." Now, the object of the amendment is to un seat every officer; whether judicial or executive, who holds civil or military office in contraven tion of the terms of the amendment. Surely, a construction which fails to accomplish the main purpose of the amendment and yet necessarily works the mischiefs and inconveniences which have been described, and is repugnant to the first principles of justice and right embodied in other provisions of the Constitution, is not to be favored if any other reasonable construction can be found. ,h there, then, any other reasonable construc tion? , In the judgment of the court there is another, not only reasonable, but very clearly warranted by the terms of the amendment, and recognized by the legislation of Congress. .. The object of the amendment is to exclude from certain, offices a certain class of persons. Now, it is obviously impossible to do this by a ainiple declaration, whether in the Constitution or in an act of Congress, that all persons in cluded within a particular description shall not hold office. For, in the very nature of things, it must be ascertained what particular indi viduals are embraced by tbe definition before any sentence of exclusion can be made to operate. To accomplish this ascertainment and insure effective results, proceedings, evidence, decisions, and enforcement of decisions, more or less formal, are indispensable; and these can only be provided for by Congress. Now, the necessity of this is recognized by the amendment itself, in its fifth and final sec tion, which declares that " Congress shall have power to enforce, by appropriate legislation, the provisions of this article." There are, indeed, other sections than the third, to the enforcement of which legislation is necessary; but there is no one which more clearly requires legislation in order to give effect to it. The fifth section qualifies the third to the same extent as it would if the whole amendment consisted of these two sections. And the final clause of the third section itself is significant: it gives to Congress absolute con trol of the whole operation of the amendment These are its words: "But Congress may, by a vote of two-thirds of each House, remove such disability." Taking the third section then in its completeness, with this final clause, it seems to put beyond reasonable question the conclu sion that the intention of the people of the United States in adopting the XlVth amend- * ment was to create a disability, to be removed in proper cases by a two thirds vote, and to be made operative in other caseB by the legislation of Congress in its ordinary course. The con struction gives certain effect to the undoubted intent of the amendment to insure the exclusion from office of the designated class of persons, if not relieved from- their disabilities, and avoids the manifold evils which must attend the con struction insisted upon by the counsel for the petitioner. It results from this examination that persons in office by lawful appointment, or elected be- , fore the promulgation of the XlVth amend ment, are not removed therefrom by the direct and immediate effect of the prohibition lo hold office contained in the third section ; but that legislation by Congress is necessary to give effect to the prohibition, by providing for such removal. And it results further, that the exer cise of their several functions by these officers, until removed iu pursuance of such legislation, is not unlawful. The views which have been just stated receive strong confirmation from the action of Congress and of the executive department of the Gov ernment. The decision of the district judge, now under revision, was made in December, 1868, and two months afterwards, in February, 1869, Congress adopted » joint resolution, enti tled "A resolution respecting the provisional governments of Virginia and Texas." In this resolution it was provided, that persons " hold ing office in the provisional governments oi Virginia and Texas," but unable to take and subscribe the test-oath prescribed by the ac; of July 2, 1862, except those relieved from dis ability, "be removed therefrom;" but a pro vision was added, suspending the operation of. the resolution for thirty days from its passage. The joint resolution was passed and received by the President on the 6th of February, and, 462 POLITICAL MANUAL. not having been returned in ten days, became a law without his approval. It cannot be doubted that this joint' resolution rtboghized persons unable to take tfie' oath re quired, to Which class belonged all persons within the description of the third section Of the XlVth amendment, as holding office in Virginia at the date of its passage, and provided for their" re moval from office. It is not dear whether it Was the intent of Congress that this removal should be effected in Virginia by' the force Of the joint resolution itself, Or by the commander of the first military district. It' was understood by the executive or military • authorities as directing the removal of the per sons described by military order. The resolution was published by command of the general of the army, for the information of all concerned, on the 22d of March, 1869. It had been previously published by direction of the commander of the first military district, accompanied by an order, to take effect on the 18th of March, 1869, remov ing the persons described from office. The date at which this Order waB to take effect was after wards changed to the 21st of March. It is plain enough from this statement that , persons holding office in Virginia, and within the prohibition of the XlVth amendment, were not regarded by Congress, or by the military' authority, in March, 1869, as having been already removed from office. It is unnecessary to discus's her'e the question Whether the governmehtof Virginia, which seems to have beeti not provisional, but permanent, when transferred- from Alexandria to Richmond, be came provisional Under the subsequent legislation of Congress, Or to express any Opinion concern ing the validity of the joint resolution, or of the proceedings under it. The resolution and pro ceedings are referred to here only for the purpose of showing that the amendment had not been regarded by Congress of the' executive, so far as represented by the military authorities, as effect ing an immediate removal of the officers described in the third section. After the most Careful consideration, I find myself constrained to the conclusion that Hugh W. Sheffey had not been removed from the office of judge at the time of the trial and sentenee of the petitioner; and, therefore, that the sentence of the circuit court of Rockbridge county was lawful. Ip this view of the case, it becomes unneces sary to determine the question relating fo the effect of the sentence of a judge de facto, exercis ing the office with the Color, but without the substance Of right. It is proper to say, however, that I should have no difficulty in sustaining the custody of the sheriff under the sentence of a court held by such a judge. Instructive argument and illustration of this branch of the case Plight be derived from an ex amination of those provisions of the Constitution ordaining that no person shall be a representa tive, or Benator, or President, Or Vice President, unless having certain prescribed qualifications. These provisions, as well as those which ordain that no senator or representative shall, during, his term of service, be appointed to any Office under the UnitedtStates, under certain circum stances, and that no person holding any such office shall, while holding such office, be a mem ber of either House, operate on the capacity ip fake office. The election or appointment itself is prohibited and invalidated; and yet no in* stance is believed to exist where a person has been actually elected, and has actually taken the office, notwithstanding the prohibition, and his acts wbile exercising its functions have been held invalid. But .it is unnecessary to pursue the examina tion. The cases cited by counsel cover the whole ground, both of principle and authority* This subject received the consideration of the judges of the Supreme Court at the last term with reference to this and kindred cases in this district, and I am authorized to say that thay unanimously concurred ih the opinion, that a person convicted by a jury, and sentenced in court held by a judge de facto, acting Under color of office, though not dejure, and detained in custody in pursuance of his sentence, cannot be properly discharged upon habeas corpus. It follows that the order of the district judge must be reversed, and that the petitioner must be remanded to the custody of the sheriff of Rockbridge county. Opinion of Jitdqe Usdehwood'. In th'e matter of Ceesar Griffin— Petition for habeas corpus. In entering upon the consideration of this case, I am oppressed' by the gravity Of the principles and consequeh'6'es it involves. The history of civilization has established the fact that the lib erties of the people in all modern nations depend upon the restraints which courts of justice have succeeded in opposing to the oppression's of ty rants and usurpers. And ho device for this pur- pose can be compared with the writ of habeas corpus, which #6 have inherited from our English ancestors. That great scholar and writer', Df. Samuel Johnson, well said to his friend Boswell, " the habeas corpus is the single advantage which our government has oyer that of Other countries'."'. The historian Macaulay, in his graphic de scription of the tyrant James the Second", has well written: "One of his objects was to obtain a repeal of the habeas corpus act, which he hated, as it was natural that a tyrant should hate the most stringent curb that ever legislation imposed oh tyranny. This feeling remained deeply fixed in his mind to the last, and appears in the in structions which he drew up, when in exile, for the guidance of his son. But the habeas corpus act,_ though passed during the ascendancy of the whig's, was not more dear to t'le whigs than fo the tories. It is, indeed, not wonderful that this great law should be highly prized by all •Eng lishmen, without distinction of party; for' it is a law which, not by circuitous, but by direct operation, adds to the security and happiness of every inhabitant of the realm." The petition in the present case alleges that the petitioner is deprived of his liberty in vio lation of the Constitution of the United' States,, and the evidence proves that he is imprisoned ?Taylor vs. Skinner, 2 S. C.,.696,5, State ira. Bloom-, -Vt Wis., 521, Ex rel. Ralston vs. Bangs, 24 111., 184. JUDICIAL DECISIONS, ETC. 4C3 ander color of a sentence pronounced against him by a person pretending to be a judge of the circuit court of Rockbridge county, in the State of Virginia; that the said pretended judge, hav ing previously taken an oath as a member of tbe State legislature to support the Constitution of the United States, had engaged in insurrection or rebellion againBt the same, or given aid or Comfort to the enemieB thereof; Whereas the Constitution of the United States (amendments, Art. XIV) provides that no such person as afore said Bhall hold any civil office under any State ; and, consequently, the said pretended judge had no jurisdiction over the person or alleged offence of the petitioner, and all his proceedings in the case were invalid and absolutely void. Two questions are before the court. They are both of a legal, not of a political character, and I propose to consider them strictly upon legal principles and judicial authority. They are 1. Did the writ properly issue in this case ? 2. Ought the petitioner, on the consideration of the whole ease, to be discharged ? 1st. Did the writ properly issue ? The act of Congress of February 5, 1867, pro vides as follows : "Be it enacted, &&., &c, That tbe several courts of the United States and the several jus tices and judges of said courts within their re spective jurisdictions, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases where any person may be restrained' of bis or her lib erty in violation of the Constitution, or of any treaty or law of the United States ; and it shall be lawful for such person so restrained of his or her liberty to apply to either of said justices or judges for a writ of habeas corpus, which appli cation shall be in writing and verified by affidavit, and shall set forth the facts concerning the de tention of the party applying, in whose custody he or she is detained, and by virtue of what claim or authority, if known ; and the said justice or jitdge to whom such application shall be made Bhall forthwith award a writ of habeas corpus, unless it sball appear from tbe petition itself that the party iB not deprived of his or her liberty in contravention of the Constitution and laws of the United States." The petition, in form, complied with the re quirements of the statute ; and it did Pot appear : from the petition itself that the party is not deprived of his liberty in contravention of the Constitution of the United States. Therefore the obligation would seem to have been imperative on the judge to whom the application was made to issue the writ. The language of the statute is Bnfficiently plain, even without the aid of judicial construction But it has had judicial construc tion by the highest authority in the land. In McCardle's case the Supreme Court of the United States, in an opinion delivered by its learned Chief Justice, with his usual force and elegance Of expression, said: "This legislation is of the most comprehensive character. It brings within the habeas corpus ju risdiction of every court and of every judge every possible case of privation of liberty contrary to the national Constitution, treaties, or laws. It is impossible to widen this jurisdiction." A judge capable of understanding the plainest English language could entertain no doubt, un der the statute, of his duty to issue the writ, on a petition such aB was presented in this case; and if any doubt could have arisen under the statute standing alone, this decision of the Su preme Court of the United States would have removed it. 2d. Ought the petitioner, on the return, answer, and evidence, to be discharged? The XlVth amendment to the Constitution provides : " Seo. 3. No person Shall be a senator or rep resentative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or any State, who, having previously taken an oath, as a mem ber of Cougfess, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have been engaged in insurrection or rebel lion against the same, or given aid or comfort to the enemies thereof." The fact that the person who pronounced the Sentence was disqualified, under the XlVth amendment of the Constitution of the- United States, is not controverted, and I believe to be incontrovertible. But it is argued that the court was a court de facto, and that the disqualifica tion of the judge cannot be availed of in a col lateral proceeding. Let us examine these two points : First. That it was a court de facto. It is hard ly worth our While to be frightened, at this day, by a little law Latin. De facto means of or from the fact, or, more properly, as used here, in fact; that is to say, the Objection urged is, that this was a court in fact, if not in law. Now, let us ask what makes it a court in fact? Ib that a court in fact which the Constitution of the United States says shall not be a court? Then the Constitution is a dead letter — a mat to wipe our feet upon — not a shield to protect our breasts. There can be no such thing, in time of peace, when the national authority is everywhere re-establish ed, as a court prohibited by the plain letter of the Constitution, (and a court composed of such judges is so prohibited,) and yet having power to deprive citizens of their life or their liberty. Such a prop osition seems to me the most unmaintainable of absurdities on ifis very face. If the doctrine here urged is correct, and is the doctrine on which our practice is to be based, it might be advantageously incorporated into this XlVth amendment and made a part of it. We will see how this amendment would then read. I know no better way to exhibit the untenable- ness of the proposition than thus to put it into the shape of that organic law which, it is con tended, it ought to control. "No person shall hold any civil office" in theory, though he may in fact, and as a rebel pretended judge may sentence loyal men to be imprisoned and to be hanged, " who, having pre viously taken an oath as a member of Congress, or as an officer of the United States, or as a mem ber of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have 464 POLITICAL MANUAL. engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." How would such a provision as that read? And yet, if it is to be the law administered by the court, it might as well bein the Constitution or on the statute-book. As a judge of one of the courts of the United States I am sworn to support the Constitution of the United States. If, after having taken that oath, I were to hold that he shall be a judge of whom that Constitution says, " He shall hold no civil office," I could not look upon myself as other than a perjured man. This great nation has spoken in the most sol emn and authoritative manner in which its voice is ever heard, and has said, Such a man shall not be a judge ; and am I, as an exponent of its will and power, to presume to answer back, I agree that in theory it shall be according to your com mand; but, in defiance of your express decree, he shall in fact, or, as lawyers say, de facto, be a judge, and he shall exercise all the power and authority of a judge over your lives and over your liberties If this- thing can be, then a single judge, sit ting here in tfliis court-room, has the power, at tempted in vain by armies, to nullify the Consti tution and set the laws enacted by the national legislature at defiance. What says the illustrious Chief Justice Mar shall on the nature and obligation of tho oath administered to judges? He says : "It is apparent that the framers of the Constitution contemplated that instrument as a rule for the government of courtB as well as of the legislatures." And he asks: " Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies in an especial manner to their conduct in their official character. How immoral to im pose it on them if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!" * * Again he says: "Why does a judge swear to discharge his duties agreeably to tbe Constitutiqn of the Uni ted StateB, if that Constitution forms no rule for his government? If it is closed upon him, and cannot be inspected by him; if such be the real state of things, this is worse than solemn mock ery. To prescribe or to take this oath become equally a crime." But it is contended that though the petitioner has raised a question of constitutional law, it is not our duty to look into the Constitution to determine it. What said Chief Justice Marshall to such an argument, when it was addressed to him and to the Supreme Court of the United States ? He replied : "The judicial power of the United States is extended to all cases arising under the Constitu tion. " Could it be the intention of those who gave this power to say that in using it the Constitution should not be looked into ? That a case arising under the Constitution should be decided without examining that instrument under which it arises ? " This is too extravagant to be maintained. In somecases, then, the Constitution mustbelooked into by the judges. And if thoy can open itjat, all, what part of it are they forbidden to read or to obey?" * * " It is declared that no ' fax or duty sball be laid on articles exported from any State.' " Suppose a duty on the export Pf colton, of tobacco, or of flour, and a suit instituted to. re cover it. Ought judgment to be rendered in such a case? Ought the j.udges to close their eyes on the Constitution, and only see the law? " The Constitution declares ' that no bill of attainder or expostfacto law shall be passed.' " If, however, such a bill should be passed, and a person should be prosecuted under it, must the court condemn to death those victims whom the Constitution endeavors to preserve?" And the Constitution endeavors to preserve all men from the official acts of all those whom the XlVth amendment disqualifies for holding civil office. And if we are thus bound to obey the Constitution, even when we might shield our selves by a law in violation of it, as Chief Jus tice Marshall declares, with what triple bondB are we bound to obey it, when, as in this oase, there is not only no law against it, but when we have a law aiding and enforcing our obedience, enacted by tbe same Congress which submitted this provision of the Constitution to the people, and for the very purpose of making our duty bo plain that to err would seem impossible. What is called a court de facto in this case was not, in any proper and legal sense, a court. No thing expressly prohibited by the. Constitution was ever so called. A court is defined to: be "an incorporeal political being, which requires for its existence the presence of the judges, or a competent member of them, a clerk, or prothon* otary," <&c. There was no judge present at that court, unless a man can.be a judge of whom the Constitution declares he shall not be a judge. And I certainly sball never rule that the Consti tution of this country is impotent, effete, and not to be obeyed. I have neither the will nor the courage to attempt, by a judicial opinion, to over turn that Constitution which all the rebel armies assailed in vain, and which their cannon, though it shook the continent, could never shake. , :, " If," asks Chief Justice Marshall, " an act of the legislature repugnant to. the Constitution ia void, does it, notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law?" And he remarks: "This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on." - So, I ask, if the Constitution has declared that a person disqualified in a certain manner shall hold no civil office, and a person so disqualified attempts to exercise the office of judge, shall I hold that his acts, notwithstanding his constir tutional disqualifications, bind this court, and oblige its judges to give them, effect? And, 1 6ay further, in the language of that illustrious chief justice: "This would be to overthrow in fact what was established in theory, and would seem to be an absurdity too gross to be insisted on." From the earliest period in the history ofthe writ of habeas corpus it has been uniformly held; JUDICIAL DECISIONS, ETC. 465 that one of the most conclusive grounds for dis charging a prisoner under that great writ was : thatlie was held under color of the authority of % court not of competent jurisdiction, although, ordinarily, the writ would not lie for a prisoner in execution ; yet it would lie for such a pris oner if the execution issued out of a court not of "Competent jurisdiction. Says the great Lord Chief Justice Wilmot, in his masterly exposition of the law of habeas corpus, contained in a series of learned and pro found answers to questions propounded to him by the houseof lords : •j . " If it appears clearly that the act for which the 3party is committed is no crime, or that it is a crime, but he is committed for it by a person who has no jurisdiction, the court discharges." Now, what jurisdiction has i. judge who is de clared hy the Constitution incapable of being a judge? Not a particle more than judge lynch, a modern committee of vigilance, or a town mob? If he has any jurisdiction, then we have no constitution. Either all his official acts are void, or the Constitution is void. The two cannot both stand valid together ; and if this court is bound .blindly to consider such a court a court de facto, then this court is not itself a court de facto, but only in name. '.'•. The reports are full of cases in which proceed ings of courts have been held to be void because the courts were composed, even in part, of dis qualified magistrates. In Regina vs. The Aberdale Canal Company, the proceedings of the commissioners were held to be void by the queen's bench of England, be cause a few, out of a large body of commission ers, were disqualified by one of the provisions of the statute known as the canal act. (14 Q. B., 854.) - In Regina vs. The Cheltenham Commission ers, the proceedings of the commissioners were quashed by the queen's bench, " because a ques tion in the cause had been decided by a court improperly constituted." (12 Q. B., 467.) i- Indeed, it is an old maxim of law, juaicum a non 'suo judice dictum — judgment, if not pro- nounced by the proper judge, is of no effect. I therefore conclude, that on general and long- established legal principles the petitioner is en titled to his discharge. But our duty in the case is not left to the guidance of general principles, although according to them it would seem to be plain enough. But it is specifically pointed out by the statute — the habeas corpus act of 1867. That act provides, that the "court or judge Bhall proceed in a summary way to deter mine the facts in the case, by hearing testimony and the arguments of the parties interested, and if-itshall appear that the petitioner is deprived of hteor her liberty in contravention of the Constir .. tntionor laws of the United States, he or she shall forthwith be discharged and set at liberty." Now, it does appear in this case that the pris- sner is deprived of his liberty in contravention of'the Constitution, and it seems to me that nothing can be plainer than that we must dis charge him, or violate an act of Congress and our oath of office. Some^other points in the argument in opposi tion it may be well enough to notice. 30 It is asserted that legislation by Congress is necessary to give effect to this constitutional provision — that it cannot act "propria vigore." The provision, like that which says no bill of attainder or ex post facto law shall be passed, is a mere negation. It says no person disqualified, as this pretended judge is admitted to be, Bhall hold any office, and it no more needs additional legislation for the application of the writ of hab eas corpus, than legislation is needed to under stand and apply the simplest axioms of Euclid, the ten commandments, or the Lord's prayer. It is said that the character or jurisdiction of the court cannot be examined in a collateral pro ceeding. Bat if this is a collateral proceeding]! should like to know what is a direct one ! We examine nothing but the exact point at issue. The petitioner alleges that he is imprisoned un der color of authority of an unconstitutional tri bunal. Under this allegation, which is denied by the opposing party, certainly theqpes tion whether it is an unconstitutional tribunals is the direct and only issue and in no sense collateral. The writ of habeas corpus, as it applies to this case, is no collateral proceeding. It demands by no indirection, but in the most positive and di rect manner possible, to know whether the peti tioner is held in confinement by legal authority, and if at the time of the demand it can be shown that he is restrained of his liberty without law ful, much less constitutional authority, it requires immediate deliverance. It is the people's great writ of right and liberty, and cannot be abridged or defeated by any forms or pretences of prece dent, by any legal quibbles, technicalities, or pre sumptions, which would prevent the most speedy, thorough, and rigid investigation. To the prisoner, loaded with chains or pining within the bolts and bars of the most filthy dun geon, it proclaims the privilege of a hearing. It says to the jailor: Tyrant, oppressor, and usurp er, stand back ; let me know for what cause and by what authority you presume to hold this man, made in the image of his Maker, in this duranoe, shut from the common air and sunlight bestowed by almighty Goodness as the common inheritance of the human race. In the name of Runnymede, of British bills of rights, of the revolutions of 1688 aud 1776, of the laws and Constitution of the United States, and ofthe God of liberty, of law, of justice, and equal ity, it demands the most thorough investigation of this case, and claims that no imprisonment is legal by any order, either of judge lynch, of a com mittee of vigilance, town mob, or of any person who is not at the time fully qualified to act in so solemn a transaction as that of imprisoning a fel low man. And clearlv every man, under constitutional prohibition, is as incapable of rightful, valid, official action as if he was physically dead Moreover, it is contended that great inconveni ence will result from the enforcement of the Con stitution and the laws. That argument is one which I think ought not to. be very popular in- this community. Whatever inoonvenience may result from the maintenance of the Constitution and tha laws, I think the experience of the last few years shows that much greater inconvenience results, from attempting their overthrow. 466 POLITICAL. MANUAIt. Where the words, of the statute are clear, the argument of inconvenience is only for the legis lature, and cannot be considered by the court. "-Arguments drawn from impolicy or inconve nience," says Mr. Justice Story, "ought to have jjfttle weight. The only sound principle is to declare ita lexscripta esdj-rtp follow anil to obey." (Conflict of Laws, 17.) '¦" Where the language is clear, and where., of course, the intent is manifest," says Mr. Chief justice Sbaw, " the court is not at liberty to be governed by considerations, of inconvenience," (11 Pick., 407,) . In this case the language, of the statute is per fectly clear, and the court is not at liberty to be. governed by considerations of iflconvenienoe. . The Constitution deol'ares that, "This Consti tution, and the laws and treaties enacted in pur suance thereof, shall be the supreme law of, the land. It does not say that they shall be the su preme law of the land, when they are not, found inconvenient, Had it so declared, the rebellion could have been accomplished without so mpob, as a resort to arms. As to any inconvenience which may arise, as is alleged, from turning criminals loose upon the community, an intelligent people, will plape the responsibility for that where it belongs, upon those who have presumed, in ©pen defiance of the Constitution, to assume functions prohibited to them by that instrument, and not upon this eourt. This circuit, iu which the former circuit judge, Mr. Chief Justice Taney, spent almost his ex piring breath in defence of the habeas corpus, is the last one in the country in which it; should ever be shorn of its efficacy. In that most celebrated case of James Sqm- merset, published im the English State Trials, Lord Mansfield well answered , the argument of inconvenience, where it, was urged that to dis charge the petitioner would be to destroy the commercial supremacy of Great Britain. In that case Charles Stewart, a Virginia planter, had, in 1769, just a hiuadred years ago, taken his slave Sommerset to England, where, incited perhaps by some Quaker or abpjitionist, the slave ran away and claimed his freedom. The next year, When Stewart desired to Bail for America, he caused the slave tp be seized and -put upon a vessel in the Thames. Lord Mans- ipeld issued the writ of habeas corpus, and the ¦case, after a second argument, the first not being .entirely satisfactory, was decided in favor of tbe ^petitioner. Sergeant Davy closed his masterly ¦ speech in behalf of liberty in these magnificent •words: "This air is too pure for a slave to i breathe in." Lord Mansfield, in his final disposition of the . case, on the 22d June, 1772 : " Whatever inpon- • venience therefore may follow from the depision, ;I- cannot say this case is allowed or approved by the, law of England ; and, therefore, the bjaok ¦ must be discharged." In respeotful imitation of (these sublime author ities I will only add, the soil .of Virginia, soaked with so much patriotic blood, poured out in the cause -of constitutional, /national sovereign ty, should ibe fruitful in the products of peace, union, and fraternal concord, sustaining law- abiding men, implicitly, ooeying the, CotpstitB- tiop of the country, and, the proposition that n.e} citizep, however humble, cap be deprived, of h|B liberty by the, action of any pretended judge of other person in open defiance of a, plain, palpable, clearly defined provision of that Constitution- and, therefore, in my judgmept, the petitionee should be discharged. Can a. Negro hold Office in Georgia? Decision and Obinions op the Justices of the, ' Supreme Coust op th,at State. Before announcing the judgment of the court, Judge McCay said: The case of Richard W- White, plaintiff ijj error, against, the State of Georgia, on the rela* tion of Wm. J, Clements, defendant in errpr, comes before this court on the following state of. facts s Wm, J, Clenients applied to the judge of the superior court of Chatham county, alleging that, at an election which had beep held in that coun ty for a clerk of the superior courts he and Rich ard W.. White were tbe sole candidates. That Richard W. White had got a majority ofthe votes, but that he, Clements, had also got a good many votes, and that no other persons, were run ning. Thp petition further stated, that Richard W.; White pad been declared elected, and had beep commissioned, and was in the actual per formance of the duties of the office, and thpf Rjebard W. White was a person of color, havipg ope-eighth or more of African blood, ip his veins, That, therefore, under the laws of Georgia, he was ineligible to office ; and further, that under. tb,e laws of Georgia, as White, the person having the majority of votes, was ineligible, he, Clemr ents, having received the next highest number of votes, was entitled to the position. He prayed the court for, leave tp file an information for a quo warranty. To that petition, of which White was notified, he (White) filed a demurrer. Sub sequently, however, he withdrew the demurrer to that petition, and the information issued in the name of the State of Georgia.. The court passed an order directing the solicitor general fox that circuit to make out an information in the name of the State, reciting, in effect, the facts which had bpen. recited in Clements' petition, and calling uppn White to show cause whgr a mandamus absolute should not issue against him., depriving him of the ofpce, and putting Clements in. White, at the proper time fixed -by the in formation for answering, filed a demurrer tp the. information, apd at the- same time filed an an swer denying that he was a person of color, or that he had one- eighth or more of A^ian blood ' in his veins. Op this the court summoned a jury for the purpose of trying the issue. When the jury had been sworn, the defendant below, (the plaintiff here) called up his demurrer tp the information. It is stated in the record that the plaintiff, in the information, made no objection to taking up the deiparrer at that time, biit consented; and the court heard thp motion, as an independent motion, before the case was submitted to the jury. Tb,e court decided that iu the argument upon that isgtipn.— that ^emxvjrer — Clements, JUDICIAL DECISIONS, ETC. 467 the movant in the general proceeding, was enti tled to open and conclude the argument; that, the matter being before the jury, the general rule which gives to the party moving in a de murrer tb.e right to open and conclude did not ¦ apply- Tlie court heard the argument on the demur rer and overruled tbe demurrer. The case then went to the jury on the issue of fact, whether or not White had one-eighth or more of African blood in his, veins. On the trial there were va- ' rious questions made as to the testimony. One witness testified that the defendant, White, was reputed in the neighborhood to be a colored person. Another witness testified that he (the witness) was a registrar of voters; that when White registered, he, the registrar, had affixed ¦¦Opposite White's name the letter "C," to denote that he was a person of color; that he subse quently posted the lists in a public place, and that they had remained there two or three weeks, without any application having been ^inade to him to have that letter " C" erased or changed. It did not appear, however, that, there was any notice to White tbat this letter "C" bad been placed opposite to his name, nor did it appear that it was the law or the practice that, , if be bad applied to have it corrected, they would have corrected it ; in other words, that it was tho part or the duty of the officer at all to make that entry. At least it has not so been made to appear to us. This -evidence was objected to by the defence, but admitted by the court. The court also ad mitted as evidence the statement by a physician, an examining physician of an insurance com pany, that at a previous time he had examined "White, and had pronounced him a mulatto. There was no testimony by the physician of . what his opinion was at the time of the trial. The testimony was that at some previous time he had examined him, and was at that previous time of opinion that he was a mulatto. In the further progress of the trial they pro- ; posed to introduce a copy of an application for a life insurance on the life of White in favor of his wife, which application purported to be signed by White. The application does not eeem to nave a word in it as to whether White was a white man or black mah, it gave no indi cation as to his color ; but on the back of it there was an entry, by a person who purported to be, an examining physician, that White was a mulatto. The witness swore at first that he thought White signed the paper, but swore after wards that he didn't know whether White had signed 'itor whether his wife had signed it for him. Objection was made to this paper on three grounds: one, that it was a copy-paper, though ft was proven that the original was in New York; the. other that there was no- proof that the original had been executed ; and, third, tbat many event the.paper amounted to nothing. Another witness, also a physician, swore that he was a;pracfcicing physician, and that he had studied; the science of ethnology; that that, science taught men the rules by which the race of a man was ascertained, and this witness gave bis opinion upon the point. The court admitted his opinion, that White was a person of color, as being the opinion of an expert. The case went to the jury on this testimony. There were some objections to the charge of the court, which we however have not noticed, because we didn't think the point very material. The jury found for the plaintiff in the information. Thereupon the court passed judgment, deposing White from his position as clerk of the superior court, and declaring that Clements was entitled to hold that office. This case has been argued before us with a great deal of learning and ability. This court has agreed upon the judgment which it will deliver in this case, but not upon the reasons upon which this judgmentis founded. The court all agree that the judgment in the cqprt below ought to be reversed, this court being unanimously of opinion that the court be low erred in various of its rulings on the trial and on the question of the argument on the de murrer. A majority of the court— the chief .justice and myself — agree in the judgment that the court below erred in overruling the demurrer, it being our opinion that, under the Code of Georgia, a Serson of color is eligible to office in Georgia. ly brother Brown, however, and myself do not exactly agree upon the grounds upon which we base that judgment. The statutes of the State of Georgia require that the court shall agree in the decision which it makes — the principle upon which it puts the case which it decides ; and as my brother Warner; whilst he agreeB to the general judgment, puts his opinion upon one set of grounds-, and my brother the chief justice puts his upon another, while I put mine upon a third, we are unable to agree upon a statement of the general principles upon which we put our judg ment. Hen'ce, under the statute, we shall each give a statement of the ground upon which we assent to the judgment of this court. I will, therefore, now read the grounds upon which the whole court bases its decision, the ground upon which the majority of the court bases its decision, and I shall also announce the principles upon which I myself hold that the court below erred. As this is a case of a good deal of public im portance, involving not only the rights of the defendant and this plaintiff in error, but of a very large portion of the people of this State, and one in which there is a great deal of interest taken, I have reduced to writing, in detail, my opinion; and I will preface the reading of the judgment of the whole court and of the majority of the court with some written remarks, pre ferring to do that rather than make a parol introduction. : Whatever may have been, under the Consti tution of the United States, the abstract truth as to the political condition and status of the peo ple of Georgia at the close of the late war, from the stand-point of a mere observer, it Seems to me perfectly conclusive that the several branches of the present State government are shut up in the doctrine that the constitution and frame of civil government in existence in this State on the 1st of January, 1861 , with all its disabilities and restrictions, Was totally submerged in the great revolution which from 1861 to 1865 swept 468 POLITICAL MANUAL. over the State. Early in Tune, 1865, the gov ernor of 1860 was in prison at Washington, and there was not ip the whole State a single civil officer in the exercise of the functions of bis office. The whole body lately acting had been chosen under the laws of the Confederate States, and the incumbents of 1860 had all either died or resign ed or renounced their positions as officers under the Consitution of the United States, by swearing fealty to the confederacy and repudiating the Government of the Union. The people of the State were, in the language of the President, without-civil government of any kind — in anarchy. The State, as a State of the federal Union, still existed; but without any frame of civil government regulating, restrain ing, and directing the exercise of its functions. From that time until the present State govern ment went into operation, the government of the State was, with more or less completeness, in the hands of the military authorities of the United States, and the entire ancient civil polity of the State was totally ignored. Directly in the teeth ofthe old constitution, the people of color were recognized as freemen, and as entitled to equal legal and political rights with the whites. The convention of 1867 met under the laws of the United States, and was elected and composed in total disregard of all the provisions and pre sumptions, qualifications, disqualifications, and distinctions of the old organization. The black people participated in its election and in its composition on equal terms, in theory at least, with the white, and nothing can to my mind be plainer, than that by the whole theory then acted upon they were recognized as form ing an integral part of the sovereign people then assembled in convention to form for their com mon benefit a constitution and frame of civil government. Such being the facts of the case, it appears to me that this court, deriving its whole authority from the constitution then framed, and sworn to support it, is, from the very nature of the case, absolutely prohibited from recognizing, as then or now in force, either the constitution of 1860 or 1865, or any ofthe legal or political disabili ties or distinctions among the people dependent upon them or either of them. The convention met under the laws of the United States to form a constitution for a peo ple without civil government. It had nothing to repeal, nothing to modify, nothing to grant. None of the old constitutions of the State were at the time in operation — the convention met under entirely new ideas and new presumptions. It represented a new peo ple—a people among whom slavery had ceased, and among whom black people as well as white were recognized as forming part of the political society, and entilled to equal participation in its rights, privileges, and immunities. It is not necessary, for the purposes of this ar gument, that this theory shall be proven to have been a legal one under the Constitution of the United States. It is sufficient to state that it is true as a fact, and that the present state govern ment is based upon it. If, when the convention met in December, 1867, the ancient constitution cf the State or any of its legal or political disabilities or dis qualifying distinctions upon persons of color, were of force, then the convention itself was il legal, the present state government is illegal, this court is illegal? Hislionor the chief justice has his proper piace in the executive chair, my respected associate'and myself are private citi zens, the plaintiff in. error is a slave, and the whole political history of the State, since the im prisonment of Governor Brown, in June, 1865, a gigantic illegality. I am aware that a very large class of out most intelligent people so at- this moment hon estly believe: to them this argument is not di rected. But it seems to me that to a judge, hold ing his office under the present State government, forming an essential part of its machinery, these views must be of overwhelming force. If he assumes the power to decide at all, he must, it seems to me, base his judgment upon principles which do not, if adopted in his own case, ut terly subvert his own authority. I make these remarks with the greatest def erence to the integrity and to the sound legal acumen of my associates. Honest men see things in different lights, and it is as presump tuous as it is uncharitable for one man to set up his convictions as the necessary guide of the con science of another. These are my convictions, and as a matter of course I must act upon them, and accordingly, under the rules prescribed by the statute, 1 announce, as the general princi ples controlling my judgment in this case, the following : By the whole court : 1. The statement of a registrar of voters that he had marked a registered person's name with a "C," to denote that he was colored, and had posted his lists for some time in a public place, and that no application had been made to have the said " C" erased, is no evidence that the per son is a colored person, it not being shown that the person knew of the entry and that it was the subject of correction. 2. Although a copy of a paper proven to be beyond the jurisdiction of the court is good secondary evidence of its contents, yet it must be shown that the original was duly executed. 3. An application for a life insurance, though signed by the applicant, upon the back of which was an entry by the examining physiciam. that the applicant was a mulatto, is no evidence, un less it be proven that the person signed the paper after the entry on it was made by the physician, and with knowledge of the entry and with intent to adopt it, or that he used the paper after the entry was made with a knowledge that such entry was there. 4. The statement by an examining physician that he had at a certain time examined a person, and ha4 then been of the opinion tbat the per son was a mulatto, is not evidence. If the physician is an expert, he must give his present opinion, and if not, he must state the facts upon which he bases hia opinion. Whether or not one is a person of color, that is, has African blood in his veins, is matter of opinion, and a witness may give his opinion, if he states the facts upon which it is baaed. But whether the JUDICIAL DECISIONS, ETC. 469 fact that he has one eighth or more of such blood be matter of opinion or not, query? 5. One who testifies that he has studied the science of ethnology may give his opinion aa an expert on the question of race. Its weight is for the jury. Pedigree, relationship, and race may be proven by evidence of reputation among those who know the person whose ped:gree or race is in question. The whole court agree upon those proposi tions. The majority of the court agree upon this proposition : Where a quo warranto was issued charging that a person holding an office waB in eligible when chosen because of his having in his veins one-eighth or more of African blood, and there was a demurrer to the information, as well as an answer denying the fact, upon which .denial there was an issue and a trial before the jury: held, that, by the Code of Georgia, a per son .having one-eighth or more of African blood in his veins is not ineligible to office in this State, and it was error in the court to overrule the demurrer and to charge the jury that if the plaintiff proved the defendant to have one- eighth or more of African blood he was ineli gible to office in this State. Whilst I agree that the Code of Georgia — the law of Georgia, as separate from the constitu tion — does make persons of color eligible to "office, my opinion is that eligibility is guaran teed by the constilution of the State ; and I an nounce these propositions as the general princi ples upon which my opinion is ba^ed : 1st. The constitution of Georgia, known as the constitution of 18.68, is a new constitution, made by and formed for a people who at the time were by the facts of the case and by the laws of the United States without any legal civil governmeut; and as the people of Georgia, without regard to past political distinctions, and without regard to distinctions of color, partici pated on equal terms in ' the election for the convention and in its composition and delibera tions, as well as in the final ratification of the constitution it framed, in the construction of that constitution, and in the investigation of what rights it guarantees or denies, such distinc tions are equally to be ignored. 2d. The rights of the people of this State, white and black, are not granted to them by the constitution thereof. The object and effect of {hat instrument is not to give, but to restrain, deny, regulate, and guarantee, rights; and all persons recognized by that constitution as citi zens of the State have equal legal and political rights, except as otherwise expressly declared. 3d. It is the settled and. uniform sense of the word " citizen," when used in reference to the citizens of the several States of the United States and to their rights as such citizens, that it describes a person entitled to every 'right, le gal and political, enjoyed by any person in that State, unless there be some express exception, made by positive law, covering the particular person, or class of persons, whose rights are" in question. 4th. Words used in a statute or constitution have their ordinary signification, unless they be words of art, when they have the sense placed upon them by those skilled in the art, or unless their meaning be defined and fixed by law ; in which latter case the legal meaning must pre vail. 5th. By the 1648th and 1649th sections o»' Irwin's Revised Code, it is expressly declared, that among the rights of citizens is the right to hold office, and that all citizens are entitled to exercise all their rights as such, unless expressly prohibited by law ; and as the constitution of 1868 expressly adopts said Code as the law of the State, when that constitution uses the word " citizen," it uses it in- the sense put upon it by the express definition of the Code it adopted. 6th. Article 1 and section 2 of the constitu tion of 1868 expressly declares that all per sons born in the United States, or naturalized therein, resident in this State, are citizens of this State ; and as the Code adopted by the con vention in express terms declares that among the rights of citizens is the right to hold office, a colored person born in the United States, and resident in this State, is by that section of the constitution guaranteed eligibility to office, ex cept when otnerw'ie prohibited. 7th. Nor would th3 repeal of those sections of the Code or their alteration deprive a colored person of the right thus guaranteed, since it is a settled rule that it is not in the power of the legislature to divest a right or change a consti tutional guaranty by altering the legal meaning of the word by which that guaranty was made. 8th. The right to vote involves the right to be voted for, unless otherwise expressly pro vided, since it is not to be presumed, without an express enactment, that the principal, is of less dignity or rights than the agent. 9th. There being in the constitution of 1868 various special disqualifications of electors for particular offices, and four separate sections de tailing disqualifications for any office, and a black skin not being mentioned as one of these disqualifications, under the rule that the ex pression, &c, of one thing is the exclusion of others, persons of color electors are not disqual ified from holding office. 10th. There never has been in this State, at any period of its history, any denial in terms of the right to vote or to hold office to colored persons, as such. By the old law, they were either slaves or free persons of color, and these rights were denied them, by declaring that they were not and could not be citizens of the State; and when article 1 section 2 of the constitu tion of 1868 recognized them as citizens, the right to vote and to hold office, eacept as other wise provided by the constitution, was, ex vi termini, also guaranteed to them. 11th. Ineligibility to offica involves not only the denial to the person claiming the place the right to be chosen, but, what is of far greater moment, the right of the selecting power to choose ; and to make out a case of ineligibility there must be such a state of affairs as estab lished not only the want of power to be chosen, but a denial of power in the selecting party to choose. 12th. The people of a State, in their collective capacity, have every right a political society 470 POLITICAL MANUAL. can have, except such as tbey have conferred upon the United StateB, or on some department of the State government, or ha7e expressly de nied to themselves by their constitution ; and as the right to select a public officer ia a political right, the people, or that branch of the govern ment clothed by the constitution with the power to choose, may select whomsoever it will, unless the right to choose a particular person or class of persons is expressly taken away by the con stitution. — Chief Justice Brown then read from his -writ ten opinion, as follows: The view which I take of the rights of the parties litigant i:i this case, under the Code of Georgia, renders it unnecessary for me to enter into an investigation of the question, whether the XlVth amendment of tbe CoPstitutirn of the Uni -id States, or the second section of the first article of the constitution of .Georgia, which in substanoe is identical with the XlVth amend ment, confers upon colored citizens the right to hold office. If the respondent in this case acquires the right by grant found in either of tbe said Constitutions, or in the Code of thiB State, it is sufficient for all the purposes of the case at bar, and entitles him to a reversal of the judgment of the court below, which was adverse to his right. The third paragraph of the 9th article of ihe constitution of this State adopts, in subordina tion to tbe Constitution .of the United States and the laws and treaties made iu pursuance thereof, and in subordination to the said consti tution of this State, the " body of laws known aa the Code of Georgia, and the acts amendatory thereof, which said Code and acts are embodied in the printed book known as Irwin's Code," "except so much of the said several statutes, Code, and laws, as may be inconsistent With the supreme law herein recognized." The Code, section 1646, classifies natural per sons into four classes: 1st, citizens; 2d, resi dents; 3d, aliens; 4th, persons of color. Section 46 of the Code declares that all white persons born in this State, or in any other State of this Union, who are or may become residents of this State with the intention of remaining herein ; all white persons naturalized under the laws of the United States, and who are or may become residents of this State with the inten tion of remaining herein; all persons who have obtained a right to citizenship under former laws, and all children, wherever born, whose father was a citizen of this State at the time Of the birth of such children, or in case of posthu mous children at the time of hia death, are held and deemed citizens of this State. By the Code the distinction ia therefore clearly drawn between citizens who are white persons and persons of color. In other words, none are citizens under the " printed book known as Irwin's Code" but white persons. Having specified the class of persons who are citizens, the Code proceeds., in section 1648, to define some of the rights of citi zens, as follows : "Among the rights of citizens are the enjoy ment of personal security, of personal liberty, private property and the disposition thereof, the elective franchise, the right to hold office, to appeal to the courts, to testify as a witness, to Eerform any civil function, and to keep and ear arms." Section 1649 declares that "AU citizens are entitled to ex-ercise all their rights as such un less specially prohibited by law. Section 1650prohibits females from exercising the elective franchise or holding civil office. Section 1651 prohibits minors from the exet- cise of civil functions till they are of legal age. Sections 1652 and 1653 prohibit certain crimi nals, and persons non compos mentis, from exer cising certain rights of citizens. Article 3, chapter 1, title 1, part 2, of the Code, defines the rights of the 4th class of natural per sons, designated as persons of color, giving them the right to ma'ke contracts; sue and be sued, give evidence, inherit, purchase and sell proper ty; and to have marital right'e, security of per son, estate, &c, embracing the usualcivil rights of citizens, but does not confer citizenship. Thus the Code stood prior to its adoption by the ne* constitution. As already shown, it waB adopted in subordi nation to the -constitution, and mttst yield to the fundamental law whenever in conflict with it. In so far as the Code bad conferred rights op the colored race, there is no conflict and no repeal. The constitution took away no right then pos sessed by them under the Code, b ,t it enlarged their rights, as defined in the Code, by conferring upon them the right of citizenship. It trans ferred them from the 4th class of natural per sons, under the above classification, who wets denied citizenship by tbe Code, to the 1st class, as citizens. The 46th section of the Code limited citizen ship to white persons. The constitution struck out the word white, and made all persons born or naturalized in the United States, and resident in this State, citizens, without regard to race of color. It so amended section 46 of the Code as greatly to enlarge the class of Citizens; but it repealed no part Of section 1648, which defines the rights of citizens. It did not undertake to define the rights of a citizen. It left that to the legislature, subject to Buch guarantees as are Contained in the con stitution itself, which the legislature cannot take away. It declares expressly that no law shall be made or enforced which shall " abridge the privileges or immunities of citizens of the Uni ted States or of this State." It is not necessary to the decision of this case to inquire what are the " privileges and immunities of a citizen which are guaranteed by the XlVth amendment to the Constitution of the United States and by the constitution of this State Whatever they may be, they are protected against all abridg ment by legislation. This is the full extent of the constitutional guaranty. All rights of the' citizen not embraced within these terms, if they do not embrace all, are subject to the Control Pi the legislature. Whether the "privileges and immunities" of the citizen embrace political fights, including the'right to hold office, I need not now inquire*. If they do, that right is guaranteed alike by thS Constitution of the United States, and the con*. stitution of Georgia, and is beyond the control JUDICIAL DECISIONS, ETC. 471 6f legislation. If not, that right is subject to the control of the legislature, as the popular voice may dictate; and in that case the legislature would have power to gtant or restrict it at pleas- nfe, in case of white persons as well as of per sons Of color. The constitution of Georgia has fohe as far as the XlVth amendment has gone, ut no further. An authoritative construction Of the XlVth amehdbient by the Supreme Court uf ihfe United States upon this point would be Squally binding as a Construction of the cotiBti- totiohof the State of Georgia, which ifc in the same words. Georgia has complied Fully with the terms dictated by Congress in the formation of her constitution. She lias stopped nothing short, and gone nothing beyond. The highest judicial tribunal of the Union Will ho doubt finally 'set tle the meaning of the terms "privileges aOd immunities "of the citizen, tyliich legislation Can- Sot abridge; and the pebpte of Georgia, as well as those Of all the other States, must conform to, 'an'd in good faith abide 'by, and carry out, the decision. AU the rights, of aU the citizens of every Siate, whjch are included in the phrase "privileges and immunities," are protected 'against legislative abridgment by the funda mental law of the Union. Those not bo em braced, unless included withm some other con stitutional guarantee, are subject to legislative action. These same rights which the XlVth "amendment to the Constitution of the United States confers upon, and guarantees to, 'a col ored Citizen of Ohio, are conferred iipoh and SMaranteed to every colored citizen of Georgia, by the same amendment, and by the constitu tion of the State, made in conformity to the reconstruction acts of Congress. Whatever may of 'may not be the privileges ahd immunities guaranteed to the colofed race fey the Constitution of the United States and of tnis State, it cannot be questioned that both Constitutions make them citizens. And I think it very clear that the Code of Georgia, upon which alone I base this opinion. Which is bind ing upon all her inhabitants While of force, con fers upon all her citizens the fight to hold office, unless they are prohibited by some provision found in the Code itself. I find no such prohi bition in ihe Code affecting the rights of this respondent. I am, therefore, of the opinion that tfie judgment of the court below is erroneous, and I concur in the judgment of reversal. Dissenting Opinion of Judge Hieam Waenee. i The defendant is a pprsbn of colbf, having, aB the record states, one-eighth of negro or African Blood in hia veins, who claims to be lawfully en titled to hold and exercise the duties of the office 6f clerk of the Superior court of Ch atham coun ty, and the question presented for our consideration and judgment is, whether a person of color, of the description mentioned in the redbrd, is legally Jtjtitled to hold office ih this State, under the con stitution and laws thereof? The XlVth amendment to the Constitution of the United States declares that " all. persons Born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens oi the United States and the State wherein they feeide. No State shall make or enforce any law Which shall abfidge the privileges or immunities of citizens of the United States." The constitution of this State declares that '"all persons born or naturalized in the United States, and resident in this State, are hereby de clared citizens of this State, and uo laws shall be made or enforced which shall abridge the privi* leges or immunities of citizens of the United States, or of this State." From the time of the adoption of the XlVth amendment and the adoption and ratification of the constitution of this State in 1868, the defendant became (notwithstanding his color and African blood) a citizen of the United Statea and of this State, and is entitled to have all the privileges and immunities of a citizen. Does the fact that the defendant was made a citizen of the State, with all the privileges or immunities of a citizen thereof, collier upon him the legal right to hold office in this State as such citizen? When we take into consideration the definition and object of creating an office, and by what authority it is conferred upon a citizen., the distinction between the privileges and immu nities of a citizen, as such, and his right to hold office, will be at once apparent. It will be seen that the privileges and immunities of a citizen, as such, is one thing, and that his legal right to hold office as such citizen, under the authority of the State, is another and quite a different ques tion. What is an office? "An office," says Ba con, "is a right to exercise a public function or employment, and to take the fees and emolu ments belonging to it. An officer is one who it lawfully invested with an office. It is said that the wofd oficium principally implies a duty, and in the next place the charge of bucIi duty, and that it ia a rule that, where one man hath to do With another'a affairs against his will, and with out his leave, that this is an office, and he who ia in it is an officer. By the ancient common law officers ought to be honest men, legal and' sage, et qui melius sciani et possint officis in in- 'tendre, and this, says my Lord Coke, was the policy of prudent antiquity, that officers did even give 'grace to the place, and not the place only to grace the officer." (7th Bacon's Ab„ 270, title Offices and Officers.) Blackstone says, the king, in England, is the fountain of honor and of office, and the reason given is, that the 1'aW supposes that no one can be so good a judge of au officer's merits and services as the king, who employs him. "From the same principle also arises the pre rogative of creating and disposing of offices, for honors and offices are in their nature convertible and synonymous. All officers under the crown carry, in the eye of the law, an honor along with them, because they imply a superiority of "parts . and abilities, being supposed to be always filled With those that are most able to execute them." (1 Bl. Com., 271, 272.) Officers, says Blackstone, have a right to exercise a public or private em ployment, and to take the fees and emoluments thereunto belonging, and are also incorporeal hereditaments. (2 Bl. Com., 36.) All citizens of the State, whether white or col ored, male or female, minors or adults, idiot or lunatic, are entitled to have all the privileges 472 POLITICAL MANUAL. and immunities of citizens, but it does not follow that all of these different classes of citizens are entitled to hold office under the public authority of the State . because the privileges and immuni ties of citizens are secured to them. The State in this country, as the'crown in England, is the fountain of honor and of office, and she who de sires to employ any class of her citizens in her service is the best judge of their fitness and qualifications therefor. An officer of the State, as we have shown, "hath to do with another's affairs against his will and without his leave," and such officer must have the authority of the State to perform these public duties against the will of the citizen and without his leave. This authority must be conferred upon the citizen by some public law of the State from that class of her citizens which, in her judgment, will best promote the general welfare of the State. The right to have and enjoy the privileges and im munities of a citizen of the State does not confer upon him the right to serve the State in any official capacity until that right, is expressly granted to him by law. Mr. Justice Curtis, in , his dissenting opinion in the case of Dred Scott ¦o. Sanford, 19 How., pp. 3 and 5, says: "So in all the States, numerous persons, though citi zens, cannot vote or cannot hpld office, either on account of their age or sex, or the want of the neceBsary legal qualifications." (Corfield v. Cor- vell, 4 Wash. C. C. Rep., 1 and 3, to the same point.) The defendant, therefore, cannot legally claim any right to hold office either under the XlVth amendment of the Constitution of the United States or the constitution, of this State, which make him a citizen, and guarantee unto him the privileges or immunities of a citizen, for he may well have and enjoy all the privileges and im munities of a citizen in the State without hold ing any office, or exercising any public or official duty under the authority of the State. The privilegea and immunities pf a citizen of the State do not confer the legal right to hold office under the public authority of the State and receive the emoluments thereof. Does the Eublic law of the State, recognized and adopted y the constitution of 1868, (known aB Irwin's Code,) confer upon the defendant the legal right to hold office in this State? The Code took effect as the public law of this State on the 1st day of January, 1863. By the 46th section thereof it is declared, " All white persons born in this Stale, or in any other State of ibis Union, who are or may become resi dents of this State, with the intention of remain ing herein; all white persons naturalized under the laws of the United Slates, and who are or may become residents of this State, with the intention of remaining herein; all persons who have obtained a right to citizenship under former laws ; and all children wherever /born whose father was a citizen of this State at the time of the birth of such children, or in case of posthu- mons children at the time of his death, are held and deemed citizens of this State. Persons having one-eighth or more of negro or African blood in their veins are not 'white persona in the moaning of this Code. The 1646th section declares, tbat ' Natural persons are distinguished according to vtheir rights and status, into, 1st, citizena; 2d, residents, not citizens; 3d, aliens; 4th, persons of color." The persona to whom belong the rights'" of citizenship and the mode of acquiring and losing the same have been specified in a former article, (referring to article 46, before cited.) Among the rights of citizens are the enjoyment of personal security, of personal liberty, private property and the disposition thereof, the elective franchise, the right to hold office, to appeal to the courts, to testify as a witness, to perform any civil function, and to keep and bear arms. All citizens are entitled to exercise all these rights, as such, unless specially prohibited by law. (Sections 1647, 1648, 1649, 1650, 1651,.. 1652, 1653 of the Code.) It will be remembered that, at the time of the adoption of the Code, in 1863, the defend? ant was not a citizen of this State, and was not recognized by the Code as a citizen thereof. By the 1646th section the status of the defendant is defined to be that of a person of color, and not that of a citizen. The revised Code, adopted" by the constitution of 1868, includes the act of 1866, which declares that "all negroes, mulattoes, mestizoes, and their descendants, having one-eighth of negro or Af rican blood in their veins, shall be Icnawn in this State as persons of color," and especially defines their legal rights, but the right to hold office is not one of them. (Revised Code, sec tion 1661.) It is true that since the adoption of the Code; the defendant has been made a citizen, but al} ; the legal rights conferred upon citizens by the Code were conferred upon that class of persons only who are declared and recognized by the • Code as citizens of the State at the time "of its' adoption. When the Code declares that it shall be the right of a citizen to hold office, such right is confined to that class of persons who are recognized and declared therein to be citizens of the State, and not to any other class of per sons who might thereafter become citizens. So, where the Code declares that "all citizens are entitled to exercise all their rights as such, un less prohibited by law," it js applicable to that class of persons only who were declared to be. citizens of the State at that time, and not to any other class of persons who might thereafter be; made citizens of the State, such as Chinese, Africans, or persons of color. The truth, is, that the public will of the State has never been: expressed by any legislative enactment in favoi ,, of the right of the colored citizen to hold office in this State since they became citizens thereof. Although these several classes of persons might be made citizens of the State, with the privileges and immunities of citizens, still they could not legally hold office under the authority of the State until that right shall be conferred upon:, them by some public law of the State, subse,-, quent to the time at which they became citizens,. bo as to include them in its provisions. Tho pub lic will of the State, as to the legal right of that class of her citizens to hold office, has never beep-, affirmatively expressed ; but, on the contrary, , when the proposition was distinctly made in'the convention which formed tbe present constitu- JUDICIAL DECISIONS, ETC. 473 tion to confer the right upon colored citizens to hold office in this State, it was voted down by a large majority. (See Journal of Convention, p. 312.) So far as there has been any expression of the public will of the State as to the legal right of that class of citizens known as colored citi zens, and since they became such, to hold office in this State, it is against that right now claimed by the defendant. Tbe insurmountable obstacle in the way of the defendant claiming a legal right to hold office in this State under the provisions of the Code is the fact that he was not a citizen of the State at the time of its adoption. The class of persons to which he belongs were not recognized by it as citizens, and therefore he is not included in any of its provisions which confer the right to hold office upon the class of citizens specified in the Code. The Code makes no' provision whatever for/colored citizens to hold office in this State; all its provisions apply exclusively to white citi zens and to no other class of citizens. The convention which framed the present State constitution, and declared persons of color to be citizens, could have conferred the right upon them to hold office, but declined to do so by a very decided vote of that body, and went before the people claiming its ratification upon the ground that colored citizens were not entitled to hold office under it; and there can be no doubt that the people of the State voted for its ratifi cation at the Dallot-box with that understanding. But now it is contended that the defendant, though a colored person, is made a citizen of the State and of the United States, and that no en sibling act has ever been passed to allow a natu ralized citizen to hold office in this State when he possessed the other requisite qualifications pre scribed by law; that the defendant, having been made a citizen of the State, is entitled to hold office in the same manner as a naturalized citizen could do. The reply is, that naturalized citizens were white persons, and as such had a common- law right to hold office — a right founded upon immemorial usage and custom, which has existed bo long that "the memory of man runneth not to the:contrary." The 1644th section of the Code simply affirms the common law as to the right of auwhite citizen to hold office in this State. No such common-law right, however, can be claimed in this State in favor of persons of color to hold office. They have but recently become entitled to citizenship, and have never held office in this State. In 1848, in the case of Cooper and Wor- sham against The Mayor and Aldermen of the 0|ty of Savannah, (4 Ga. Reps, 72,) it was unani mously held and decided by this court, that free persons of color were not entitled to hold any civil office in this State. Tbe naturalized white citizen can claim his common-law right to hold office in this State; the colored citizen cannot claim any such common-law right, for the rea son that he has never exercised and enjoyed it; and that constitutes the difference between the tegal right of a naturalized white citizen to hold office in this State', and a person of color who has recently been made a citizen "since the adoption of tbe Code, and who is not embraced within its provisions." The one can claim his common-law right to hold office in the State, the other cannot; and until the State shall declare by some legislative enactment that it is her will and desire that her colored citizens Bhall hold office under her author ity, they cannot claim the legal right to do so, for we must not forget that the State is the fountain and parent of office, and may confer or refuse to confer the right to hold office upon any class of her citizens she may think proper and expedient. When a new class of persons are introduced into the body politic of the State and made citi zens thereof, who cannot claim a common-law right to hold office therein, it is incumbent on them to show affirmatively that such right has been conferred upon them by some public law of the State since they were made citizens thereof, to entitle them to have and enjoy such right. In other words, they must show the public law of the State enacted since they became citizens thereof, which confers the legal right claimed, before they can demand a judgment of the court in favor of such legal right. All male white citizens of the State, whether native born or naturalized citizens, (having the necessary legal qualifications,) have a common- law right to hold office in this State; and, in or der to deprive them of that common-law right, a prohibitory statute is necessary. A naturalized citizen had a common-law right to hold the office of President of the United States; hence the pro hibition in the Constitution of the United States. But colored citizens of the State, who have re cently been made such, cannot claim a common- law right to hold office in the State, as no pro hibitory statute is necessary to deprive them of aright which they never had under the common or statute law of the State. When, therefore, it is said that colored citizens have the right to hold office in the State, unless specially pro hibited by law, it must be shown affirmatively that they- had previously enjoyed that right. If they cannot show their right to hold office in the State, either under the common law, the consti tution, or statutes of the State, the fact that they are not specially prohibited from exercising a right which they never had amounts to nothing, so far as investing them with the right to hold office is concerned. When and where and by what public law of the State was the legal right to hold office there in conferred on the colored citizens thereof? If this question cannot be answered in the affirma tive, and the legal authority under which the right is claimed cannot be shown, then the argu ment, that inasmuch as there is no special pro hibition in the law against the right of colored citizens to hold office, falls to the ground. If there was no existing legal right to hold office to be prohibited, the fact that there is no prohi bition does not confer such legal right. There was no legal necessity to prohibit that which did not exist. It is iOt the business or duty of courts to make the laws, but simply to expound and en force existing laws which have been prescribed by the supreme power of the State. After the most careful examination of this question, I am clearly of the opinion that there is no existing law of this State which confers the ri^ht upon the colored citizens thereof to hold 474 POLITICAL MANUAL. office therein, and, consequently, that the defend ant has no legal right to hold and exercise the duties of the office which he claims under her authority, and that, the judgment of the court below, overruling the demurrer, should be af firmed. Intermarriage of White and Colored Persons in Georgia. Opinion op the Sotbeme Couet op tbat State. Charlotte Soott, plaintiff in erro'r VS. The State of Geor gia., defendant in error, indictment for adultery an'd fornication, from Dougherty county; Brown, C. J., delivering the opinion. The record in t'n.s case presents a single ques tion for the consideration and adjudication of this court: Have white persons and persons of color the right, under -the constitution and laws of Georgia, to intermarry, and live together in this State as husband and wife? The question is distinctly made, and it is our duty to meet it fairly and dispose of it. The Code of Georgia, as adopted by the Pew constitution, section 1707, forever prohibits the marriage relation between the two races, and declares all such marriages null and Void. With the policy of this law we have nothing to do. It is our duty tO declare what the law is, not to make laW. For niyself, however, I do not hesitate to say that it was dictated by wise statesmanship, and has a broad and solid foun dation in enlightened policy; sustained bysPund reason and common sense. The amalgamation of the races is not only unnatural, but is always productive of deplorable Tesults.. Our daily ob servation shows Us that the Offspring of these unnatural connections are generally sickly and effeminate, and that they are inferior in physical development and strength to the full blood of either race. It is sometimes urged that Such marriages should be encouraged for the purpose of elevating the inferior race. The reply is, that such connections nevef elevate the inferior race to the position of the Superior, but they bring dov.n the superior to that of the inferior. They are productive Of eyi-1 and evil only, without any cc-esponding good. I dc not propose to enter into any elaborate dis cussion of the question. of policy at thiB time, but only to express my opinion after mature consid eration and reflection. The power of the legislatufe over the subject- matter, when the Code Was. adopted., will not, I suppose, be questioned. The legislatufe cer tainly had as much right toregulatethe marriage relation, by prohibiting it between, persons of different races, as thay had to prohibit it be tween persons within the levitical degrees, or between idiota. Both are necessary and proper regulations. And the regulation now under con sideration is equally so. But it has been urged by the learned counsel for the plaintiff in error, that the section of the Code under consideration, is in conflict with tbe eleventh sectioj, of the first article of the con stitution of this State, which declares that " the social status of the Citizen shall never be the subject of legislation." In so far as the marriage relation is connected With the social status,- the very reverse is trufc, That section of the constitution forever pros- hibils legislation of any Character regulating or interfering With the social status. It leaves social rights and status wnere it finds them It prohibits the legislature from repealing any laws in existence Which protect persons in the free regulation among themselrei of matters properly termed social, and it also prohibits the enactment of any neW laws on that subject in future. As illustrations, the laws in force when the constitution Was adopted left the churches ift this State free to regulate matters connected with, Boeial status in their congregation's as they thought proper. They could say who should enteT their church edifices and occupj, Beats, and in what Order the* should be cl'ass> fied of seated. They could Say that females should sit in one paft of the church and malel in another; and that persons of color should, if they attended-, occupy su'ch seats as were set apart fof thefn. Ih all this they Were protected by the common law of this -State. The new COB; stitution forever guarantees this protection, by denying , to the legislature, the p'OWer to paBb any law withdrawing it or regulating the social status in such assemblages. And I may here remark, that precisely tM Ba,me protection is 'guaranteed to the colored churches, ih the regulation of social status hi their assemblages, which is afforded the whites'. Neither can ever intrude upon the other, or interfere With social arrangements without their consent. The same is true of railroad ahd steamboat companies and. hotel kfeepsfs. By the law M existence at the time the constitution was adopted, they were Obliged to furnish comforta ble and convenient accommodations, to the extent of their capacity to accommodate, to all who applied, Without regard to race or color. But they were not compelled to put persons of different raceB or of different sexes in the same' ears or in 'the same apartments, of seat them at the same table. This Was' left to their Own dis* oration. They had power to regulate it accord^, ing to their own notions of prop.iety, and to classify their guests or passengers according t6 face or sex > and to place thein at hotels in dif ferent houses of different parts of the same housij or on railroads; in different cats ; or on steaifi' boata, ih different parte of the vessel; and tO give them their mealB at different tables. When' they had made public these regulations, all petr sons patronizing them were bound to conform to them, afld thoBO Who did Pot like their refeuMp. tions must seek accommodations elsewMrlL, There was no laW to compel them tp group to gether, in social connection; persons who did' not recognize each other as' social equals. To avoid collisions and strife, and to preserve peace, harmony, and good oi-der in society, fjhiT. Hew constitution has wisely prohibited the legls1'' lature from enacting laws compelling these cod*;., patties to make new social afrafigements among1 their patrons, of to disturb those in existence7. The law shall stand as it is, says the fcohstftu- tion, leaving each to regulate such matters al they think best; and there shall be no legislative " JUDICIAL -DECISIONS., ETC. 475 'interference. All shall be comfortably accom odated, but you shall not be compelled by law to force social equality, either upon your trains, your boats, of in your hotels. The same remarks a.pplv to the regulation of social Status among families, and to the social ijJiWrcourse of society generally. -This, in my opinion, is one of the wisest pro- vasionB in the constitution, as it excludes from the halls of the legislature a question which was 13jely to produce more unprofitable agitation, wrangling, and contention than any other subject ;within the whole range of their authority. Government has full power to regulate civil fend political rights, and to give to each citizen of the State, as our Code has done, equal civil andequal political rights, as well as equal pro tection of the laws. But government has no power to regulate social status. Before the laws the Code oi Georgia makes all citizens equal, Without regard to race or color; but it does not oV'eate, nor does any law of tbe State attempt to enforce, moral or social equality between tne dif ferent races or citizens of tho State. Such equal ity does not in fact exist and never can. The Cod of nature made it otherwise, and no human law can produce it, and no human tribunal can enforce it. There are gradations and classes throughout the universe. From the tallest arch' angel in heaven down to the meanest , reptile on earth moral and social inequalities exist, and inast continue to exist throughout all eternity. 1 While the great mass of the conquering people pf the States which adhered to th-e iJn.ion dur ing the late civil strife .have claimed the right to dictate the terms of settlement, and have Siaintained in power those who demand that the people of fhe States lately in rebellion shall ac cord to the colored race equality of civil rights* including fhe ballot, with the same protection n'nder the law Which is ' offered the white race, they have neither required of us the practice of miscegenation, nor have they claimed ,ibr the colored race Bocial equality witli the white race.. The fortunes of War nave compelled us to yield to the freedmen the legal rights above men tioned, but we have neither authorized nor legal ized the marriage relation between the races, nor have we enacted laws or placed it in the power ofthe legislature hereafter to make laws regard ing the social status, so as to compel our people to inset the colored race on terms of social equal ity. Such a state of things could never be de sired by the thoughtful and reflecting portion of etcher race. It could never promote peace, quiet, or Social order in any State or community. -No such laws are of force ih ahy of the northern States, so far as I know, and it is supposed ho considerable part of the people of any State de sires to see them enacted. Indeed, the mOst abso lute and despotic governments do not attempt to regulate social status by fixed laws, or to tefbfce Bpcial equality among races or classes Without their GOnsent. .'As already stated, we ar<3 of the opinion that the section of the Code which forbids inter-mar- 5 rfeges between the faces is neither inconsistent; with, nor is it repealed by, the section Of the con stitution now under consideration. It therefore itands upon the statute-took of the State forever prohibiting all such marriages, and declaring them to be null and void. , Let the judgment of the court below be affirmed.Opinion of Attorney General Hoar as tb the Ju risdiction of Military Commissions in Texas. Atto.eney Geneeal's Office, May 31, 1869. Hop. Johh A. Rawlins, Secretary of War. Sib: Your letter of March 24, 1869, submit ting for my opinion as to propef action to be had in the premises in the case of James Weaver, a citizen of Texas, Who Was tried before a military commission appointed by the commanding gen eral of fhe fifth military district, under authority of section 3 of the apt of March 2, 186.7, to pro vide for the more efficient government of rebel States, and found guilty of murder and sentenced to be hanged, the record having been forwarded for the action of the President as required by section 4 of said act, and returned by him to your department upon the 1st day of February last, without any action upon the same, was re ceived on tho 26th March last. The grave importance of the queationa in volved required such careful and deliberate con sideration!, 'that,, under the pressure of other official duties, I have hot been able, until this time, to .give it sufficient, attention. Having how carefully sixamined it, I "proceed to state the conclusions 16 Which I have arrived from the pa pers accompany ing your letter. It appears that James Weaver., a citjzen of Bastrop counter, in Texas, was indicted for murder, in that county. By request of J. J. Thornton, district judge of the second district in Texas, made, to (Jeneral Reynolds, the commander of the fifth military- district, accompanied by statement that a trial could npt proDably be had in the State courts, a-ad asking that he may be tried by the military authoritiea, a military commission waa organ- teed at Austin, Texas, before Which, oh the 17th of September, 1868, apd daya following, Weaver Waa arraigned and tried. He. Was defended by counsel and found guilty, and sentenced to be hanged, and the question on which you wish my opinion seems, to be this: Whether the general commanding the fifth military district had au thority to take a man from a civil power and try him by military laW, or, in pther words, whether a military commission in Texas, in September, 1868, had jurisdiction over a citizen, not in th& naval of military service, charged with the mur der of another citjzen, and under indictment and arrest therefor. Froipthe letter of Judge Thorn ton to (Jeheral Reynolds, above referred lo, Which is made a part of the record in this case, it ap pears Weavpr Was uridef indictment in the dis trict court for the second judicial district of Texas for murder, and that the civil courts were so badly situated and managed that if left with them ho trial could probably be had. Excep tions to the jurisdiction of the commission were filed by Weaver* who objected, firstly,, that. lie was entitled to a trial by jurv- secondly, that the Constitution of, the United States provides that np person shall be twice put in jeopardy ot life or limb for the same offence, that fhe offence: -476 POLITICAL MANUAL with which he was charged belonged entirely to the civil courts of the State of Texas, and that he would be unable to plead the finding of the commission in bar in the district court in Bas trop county ; thirdly, that before the date of the order convening the commission he was under indictment in civil courts and was under arrest to await trial therein, and that the said indict ment for the same offence was still pending against him; fourthly, because the district court of Baa- troy county was fully organized and prepared to pass upon all cases brought before it ; fifthly, be cause he, the said Weaver, was a citizen, not con nected with the army of the United States, and deceased waa alao a citizen. These exceptions were overruled by the commission. The statute of March 2, 1867, entitled "An act to provide for the more efficient government of the rebel States," declares in ita prea/nble that no legal State gov ernments or adequate protection for life or prop erty then existed in the rebel States therein enu merated, including among them the State of Texas, and that it was necessary that peace and good order should be enforced in said States until loyal and republican State governments could be legally established : it is therefore enacted, that said rebel States should be made into mili tary districts, and made subject to the military authority of the United States, as thereinafter prescribed ; that it should be the duty of the President to assign to the command of each of said districts an officer of the army, and to detail a sufficient military force to enable such officer to nerform his duties and enforce his authority in the district to which he was assigned. The 3d and 4th sections of said act are aa follows: "Seo. 3. And be it further enacted, That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property; to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders; or, when in hiB judg ment it may be necessary for the trial of offend ers, he shall have power to organize military commissions or tribunals for that purpose ; and all interference under the color of State author ity with the exercise of military authority under this act shall be null and void. " Seo. 4. And be it further enacted, That all persons put under military arrest by virture of this act shall be tried without unnecessary de lay, and rto cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affect ing the life or liberty of any person, shall be executed until it ia approved by the officer in command of the district. And the laws and regulations for the government of the army shall not be affected by this act except in so far as they conflict with its provisions : Provided, That 3.0 sentence of death under the provisions of this act shall be carried into effect without the approval of the President'." The act also provided that its provisions should become inoperative when the States had adopted constitutiona approved by Congress and senators and representatives were admitted therefrom; and that until the people of said-States should' be by law admitted to representation in CongreBS, any civil governments which may exist therein shall be deemed provisional only, and in all re spects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same. As the State of Texas had not in September, 1868, and has not since, adopted a constitution in conformity with the provisions of the act, and has not become entitled to representation in the Congress of the United States, the act was operative in Texas at the time the military commission was organized for the trial of Weaver, and the commanding general exercised this discretion intrusted to him by 3d section, by deciding that it was necessary for the trial of an offender to organize a military commission for that purpose. If, therefore, this statute of March 2, 1867, is a constitutional and valid statute, it then appears the jurisdiction of military commissions was complete, and that there is no legal obstacle to the execution of its sentence. It is obvious, in the first place, that, under the Constitution, the United States Con gress has no right to subject any citizen of a State to trial and punishment by military power-in time of peace ; but the power to declare war is, by the Constitution, expressly vested in Congress ; it has also power to suppress insurrection, and tp make all laws necessary and proper for carrying into execution all the powers vested by the Copy stilution in the Government of the United States, or in any department or office thereof. The power to declare war undoubtedly includes not; only the power to commence a war, but to recognize its existence when commenced by others; to declare that there is a war, and thereupon to make proviaion for waging war; to determine, bo far aa the nation can assert and enforce its will, how long the war shall continue and when peace is restored. The Constitution has made no provision in terms for a rebellion of the magnitude of that which has occurred, in volving destruction of all the legitimate and con-1 stitutional governments in the States of the Union and involving a war between those States and the national Government. But the Consti tution is a frame of government, and clearly implies the endowment of that Government with all powers necessary to maintain its own exist ence and the vindication of ita authority within the scope of its appropriate functions. When war was waged upon the United States by States of the Union as organized communities, Con gress could and must recognize the existence of that war, and apply itself, by the means be longing to war, to the vindication of the na tional authority, the preservation of the national territory, and the restoration of a republican government, under the national Constitution, in each of ihe rebellious States. As was said by the Supreme Court in tbe Prize Cases, (2 Black, p. 673,) it is a proposition never doubted;; that the belligerent party who claims to be sov^ , ereign may exercise both belligerent and sov'eW reign rights. The territory possessed by the" rebels might lawfully and constitutionally be treated by the United States as enemies' territofy.- In the language of the court, in the same case, all persons residing within this territory, whose pro- JUDICIAL DECISIONS, ETC. 'ill perty may be used to increase the revenues of the hostile power, are iu this contest liable to be treated as enemies, though not foreigners. They have cast off their allegiance and made war on their Government, and are none the less ene mies because they are traitors. _ Where all law ful governments have been extinguished by the rebellion on the theatre of active military opera tions, where war really prevailed, there is a ne cessity to furnish a substitute for the civil author ity thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to govern by martial rule Until the laws can have their free course. The right to govern by military law under such cir cumstances was fully conceded in the opinion of the SupremeCourt ofthe United States in exparte Milligan, (4 Wall., p. 127.) The test is there sug gested that the right to govern by military power depends upon the fact that the courts are ac tually closed, and that it is impossible to admin ister criminal justice according to law. But while the war continues, although military power maybe the only government in territory held by force of arms, the military commander may make use of such local tribunals already existing as he may find it convenient to employ in sub jection to his paramount authority. It then remains to consider : First, whether the State of Texas has been, during rebellion, so deprived of all constitutional and lawful government as a State, and so in armed hostility to the Government ofthe United States, as to be Bubject to military law when possession of her territory was regained By the military power of the United States ; and, secondly, whether the right to hold and govern the State by military power has terminated. To the first question there can be but one answer. In language of Chief Justice Chase, in Texas vb. White et al., decided at the present term of the Supreme Court, no one has been bold enough to contend that, while Texas has been controlled by ^government hostile to the United States and in affiliation with a hostile confederation waging war upon the United States, senators chosen by her legislature or representatives elected by her citizens, were entitled to seats in Congress, or that any suit instituted in her name would be en tertained in this court. All admit, that during this condition of civil war the right of the State as a member, and of her people as citizens, of the tjnion, was suspended. The government and the cjtizens of the State, refusing te recognize their constitutional obligations, assumed the character of enemies, and incurred the consequences of rebellion. The second question is one of more importance and difficulty. Having suppressed therebellion as far as it was maintained by an armed force, it became the duty of Congress to reestablish the broken relations of the State with the Union ; and the aame authority which recognized the exiatence of the war i8, in my jijd.grri.ent, the only authority having the consti tutional right to determine when, for all pur poses, the war has ceased. The rights of war do not necessarily terminate with the cessation of actual hostilities. I can have no doubt that it is competent for the nation to retain the territory arid the people which have once assumed a hos tile and belligerent character (within the grasp of war) until the work of restoring the relations of peace can be accomplished ; that it is for Con gress, the department of the national Govern ment to which the power to declare war is in trusted by the Constitution, to determine when the war haa so far ended that this work can be safely and successfully completed. The act of Congress of March 2, 1867, is, in my opinion, a legislative declaration that in Texas the war, which sprang from the rebellion, is not, to all intents and purposes, ended ; and that it shall be held to continue until, in conformity with the legislative will, a, State government republican in form and subordinate to the Constitution and laws of the United States, for which the act makes provision, shall have been re-established. It is true that in several acts of Congreaa the suppression of the rebellion and the end of the war have in express terms or by implication been recognized, but it will be found on exam ination that these phrases have been used in regard to special subjects, which do not seem to me inconsistent with the proposition that for some purposes the rights of war are not ended ; while, in respect to captured and abandoned property, a limitation of the right to commence suits in the Court of Claims has been fixed by statute, and for the purpose of settling the ques tion of the pay of officers in the volunteer army the date of the President's proclamation declar ing the insurrection at an end has been adopted to interpret the phrase " close of the war." It does not seem to me inconsistent with either of these enactments that Congress should declare that the States whose civil governments have been destroyed should continue under military authority until such governments could be re stored. Every act of Congress is to be presumed to be constitutional unless the contrary plainly appears. It is to be also presumed that Congress will provide for the restoration, through consti tutional government, of the rebellious States, as speedily as in its judgment the public safety- will allow; but until civil authority is restored, and the rights of persons and property can be protected in the region which has been the thea tre of war by organized governments, the direc tion by Congress to employ a military force to give that protection and preserve the peace would seem to be the only alternative with an archy. It appears by the papers submitted that the trial of Weaver before the military commis sion waa fairly and carefully conducted, and that the murder of which he was convicted waa wanton and cruel. A freedman who had been at work for Weaver, having chosen to leave his employment to go to work for another man; went to him in a field near his house on that morning to ask for tbe wages which were due him. Wea ver seized an ox-band, beat him severely with that, and then sent his hired man to his house for a double, barreled gun, loaded with buckshot, and on his return with it shot the freedman throngh the head, killing him instantly. There appears to have been neither provocation nor resistance; and this atrocious act was committed in the sight of the wife of the man murdered, who stood by her own door. The finding of the 473 POLITICAL MANUAL. commission has been approved by the military commander, and has been certified to beregula* and proper by the Judge Advocate General, I Snd no reason in law for the President's wife- ihpldipg his approval. The papers. which wor$ [sent me are r4.urned herewith, r '^ery respectfully, your, obedient servant, |J. R. HOAB, Attorney Generqfc, XLVL STATE PLATFORMS OF 1869,* CALIFORNIA, IOWA, MISSISSIPPI, OHIO, PENNSYLVANIA, VERMONT, VIRGINIA, WASHINGTON TERRITORY. CALIFOENIA. Republican, July 22, 1869. Resolved, That the Republican party of Cali- »ornia gives its earnest support to the admin istration of President Grant, and/ do hereby endorse the acts and policy of his administra tion. We recognize the earnest effort of the Government to secure an economical adminis tration of its affairs, to reduce expenses, to honestly pay the national debt, to prevent pec ulation and fraud upon the treasury, to enforce the collection of the revenue, and to cause the speedy restoration of public confidence in our financial strength and integrity. 2. That the negro question has ceased to be an element in American politics, and that the ratification of the XVth amendment to the Con stitution ought to be followed by an act of universal amnesty and enfranchisement of the southern people. 3. Thai we regard with pride and satisfaction the evidences of an increasing immigration to th'is State of industrious and intelligent people from the Atlantic States and Europe, with whom we are anxious to share the benefits of a fruit ful soil, a genial climate, and an advancing civilization ; but, while giving preference to the immigration of people of our own race, we hold that unoffending emigrants from China tQ this State are entitled to full protection for their lives, liberty, and property, and due process of law to enforce the same, but we are opposed to Chinese suffrage i'n any form, and to any change in the naturalization laws of the United States. 4. That we recognize the power of the general, Government to restrict or prevent Chinese im migration whenever the welfare of the nation demands such a measure, by terminating our commercial relations with China, but it should be considered that the adoption of a non-inteTr course policy in respect to China surrenders to Europe the commerce of the empire of Asia. We believe that the general prosperity will be great ly enhanced by fostering commercial intercourse with Asia, and that the closing of our ports at this time against Chinese would be most injurious to the material interests of this coast, a reproach upon the intelligence of tho Ameripaa pepple, and contrary to the spirit of the age, 5. That the Republican party haying oyer had in. its especial keeping the rights .of, labor, arid of the laborer, and renfoved therefrom ljhe. blighting _ curse of slavery, and inaugurated a new' eia/in which the , wages of, la^or have greatly advanced, while the hours therefor have Beep correspondingly diminished, claim to have originated in this State and steadily, supported what is kpown as the "eight-hour law," the. Bpund policy of which has been proclaimed by a Republican Congress, and by a proclamation of. a Republican President made applicable to. ths. public works of the United States. 6. That we endorse the action of the Senate of the United States in rejecting the so-called "Alabama treaty," and consider it the duty of the general Government to demand full repara tion for the injuries, inflicted by the British, Government and her people upon, ojnr commerce during^ the late rebellion. 7. That we are in favor of imposing upflR all kinds and classes of taxable property in the State an equal share of the burdens of taxation, and to that end favor the organization of>a State board of equalization or review, that the inequalities now existing under the preseii system of assessment and collection, of the Staje. revenues may be avoided. 8. That we are opposed to grants of State aid to railroads, and are in fayor of iimiting taxation.. tp the amount of revenues absolutely requisite to pay the actual expenses of the State Govern ment, and to maintain the financial credit of tha State- 9. That we hail with joy the return of peace,, and the promising signs of an increasing de; velopment of the country and the permanent prosperity of the whole people. We earnestly invite the oo-operation at the ballot-box of al),: who agree to the foregoing declarations, regard less of old party ties or previous differences of opinion upon the now Bettled questions af slavery, rebellion, reconstruction, and negij? suffrage. T!#, •It is deemed inadvisable to enlarge this chapter and volume by presenting all the State platforms. SiJ$ only are given as are of most significance and recent date. STATE PLATFORMS. 47i> Democratic, June 29, 1869. Whereas upon, the eye, of a. political canvass $6. time-honored usages of our p,arty require ^at a platform of pripciples. be announced for jjjje1 government qf 'those who may be elected, vq political office.; aud. whereas new qu,estip,n.8 have friaen since, the meeting of the last Democratic convention, making such a.ptio,n, eminently projp- $r; therefore. Resolved, That the Democracy of Oaljfornianow a,ndV always confide in the intelligence, patriot ism, and discriminatiB,g jusiipe qf the -white peo ple of the country- to administer and control tneir tjoverument, without. the a,jd of either negro,es.or yhinesp. ' 2, That, the Democratic. payty viewwith, alarm. the action of an, unBOunpulaus. majority in Con gress in their attempts to absorb the .powers of the executive and judicial departments ofthe federal .government, and. to annihilate the rights andfunc-, ' ^ions reserved to the State Governments. 3. That the subjection of the white population ofthe southern States to the rule, of a mass ctf ig- pprant negroes, their disfranchisement, and the denial to them of all those sacred rights guaran^ "teed to every freemanv is an outrage and a wtong fprwbich thehistory of free governments in mod ern timeB may be searched in vain for a parallel, '"4. That the Democratic party is opposed- to $he policy of lending the credit of the State and squandering the State property upon railway or - other corporations, to the detriment of tbe 'public interests, and the overwhelming increase of the State debt and taxation. 5. That the Detnocratip parly ever has been, is now, and ever will be, the champion of the rights of the mechanic and workingman ; that all the reforms having for their object the reduc tion of the hours of his labor, the enlargement; of, his privileges, and. the protection of bis per sonal liberty, have ever been, demanded, enacted,, apd enforced by- the Democracy ; that we point with pride to the fact that in "California it was the Democratic element in the legislature that passpd and. a Democratic governor that approved, the eight hour law, and that we pledge ourselves to use our utmost exertions to carry the provis ions of that law into full force and effect, as well as to labor in other directions for the cause of the sons of toil, 6. That we are opposed to the adoption of the proposed XVth amendment of the United States Constitution, believing tbe same to be designed, and if adopted, certain to degrade the right of'suf- ftage , to ruin the laboring white man, by bring ing untold hordes of Pagan slaves (in all but name) into direct competition with bis efforts to earn a livelihood ; to build up an aristocratic, olass of oligarchs in our midst, created and maintained by Chinese votes ; to give the negro and Chinaman the right to vote and hold offioe; and that its passage wpuld be inimical to the best interests of our country, in direct opposition to the teachings of Washington, Adams, Jefferson, and the other founders of the republic ; in flagrant violation of the plainest principles upon which, the superstructure of our liberties waa raised, subversive of the dearest rights of the different States, and a direct step toward anarchy and its natural sequence, the erection of an empire upon the ruins of constitutional liberty. 7, That the Democracy of California believe that the l^bor of our .white population should not be brought into competion with the labor of a class of inferior people, whose living costs comparatively nothing, and who add nothing to the wealth of our churches, schools, societies, and social and political institutions. 8. That we arraign the Radical party for its profligacy, corruption, and extravagance in pub lic expenditures; for its tyranny, extortion, and disfranchisement;; for its contempt of constitu tional. obligations,; for placing the.city of Wash ington in the handB df semi-civilized Africans ; and we particularly condemn the appointment of healthy arid able-bodied negroes, to office while the. landtis filled with capable white citizens who are suffering for the common necessaries of life. 9. "That we heartily endorse and approve qf the manner in which the Democracy have ad ministered the State government, and point with pride to the acts to protect fhe wages of labor, to lessen public and official expenses, and to the fact that, during the present State admin istration, the State debt has been reduced nearly $1,000,000, and taxation reduced from $1 18 on $100 to 97 cents. 10. That the so-called Alabama treaty having been rejeoted by the treaty-making power of the Government, the Democratic party, true to its record as the only political party which on such issues has uniformly proved itself faithful to our own country, wjll now, as heretofore, be found ready to spstain all meaaures demanded py the honest dignity and rights of the repub lic in its relations with all foreign Powers. 11. That all voters in the State of California who are opposed to the radical measures of Con gress, including the proposed XVlh amend ment to the Constitution of the United States, and whp are opposed to the appointment of negroes to, office, be invited to unite with the Democracy in the coming contest. 12. That the Western Union Telegraph Com pany, which controls all the wires connecting the Atlantic with the Pacific, has, in instituting a tariff designed to give a virtual monopoly of eastern news to a few newspapers of one politi cal party in this State, been guilty of a great public wrong, has betrayed the trust confided to it, and effectually restricted the liberties of the press, and that its action in this regard calls foudiy for such legislative interference as shall prohibit discriminations, prevent the use of the telegraph as a political engine, and make it, like the. mails, free to all. 13. That Hon. Eugene Casserly, by his manly and statesmanlike course in the United States Senate, deserves the cqnfidence of the people ol the State of California. IOWA. Republican, June 10, 1869. Resolved, That we cordially endorse the ad ministration of Governor Merril as wise, eco nomical, and honest, and that it deserves, as it has received, the hearty approval of the people of .Iowa. 180 POLI-WCAr. MANUAL. 2. That we insist upon a continuance of strict and close economy in all departments of our State government, in order to the maintenance ofthe hap] y and unexceptional financial condition to wiich our State ha3 attained under Republican rule. 3. That the meana now in the State treasury, and which may become available, ought to be used for the purpose of, defraying the necessary expenditures of the State government economi cally administered, and for no other purposes; and no State taxes, or only the minimum abso lutely required, should be levied 'or collected until such means are exhausted, to the end that the burden of taxation may be made as light as possible. 4. That we rejoice in the glorious national victory of 1868, which has "brought peace and happiness and prosperity to our nation, and we heartily endorse the administration of General Grant. 5. That the Republican party of Iowa, being among the first Bince the rebellion to incorporate in a State constitution the great principle of im partial suffrage, cordially accepts the opportunity presented by adopting the XVth amendment to the Constitution of the United States of making the principle national. 6. That the public expenditures of the national Government should be reducedHo Ihe lowest sum which can be reached by a system of the most rigid economy; that no money should be taken from the national Treasury for any work of internal improvement, or for the erection of any public buildings not clearly necessary to be made or erected until the national debt is paid or greatly reduced; that all the money that can be saved from the national revenue" honestly col lected should be applied to the reduction of the national debt, to the end that the people may be relieved from the burden of taxation as rapidly as practicable. 7. That we endorse and approve the policy which the present Secretary of the Treasurv of the United States has pursued. Democratic, July 14, 1869. Whereas upon the eve of a political canvass the time-honored usage of our party requires that a platform of principles be announced for the government of those who may be elected to office : Resolved, That the Democratic party view with alarm the action of an unscrupulous ma jority in Congress, in their attempt to absorb the powers of the executive and judicial depart ments 'of the Government, and to annihilate the rights and functions reserved to the State gov ernments. 2. That we favor a reform in the national banking system looking to an ultimate abolish ment of that pernicious plan for the aggrandize ment of a few at the expense of the many. 3. That now, as in timea paat, we are opposed to a high protective tariff, and that we will use every effort to prevent and defeat that system or national legislation which would enrich a small class of manufacturers at the expense of the great mass of producers and consumers, and that we are in favor of such reforms in our tariff system as snail promote commerce with every nation of the world. 4. That the pretended trial, conviction, and execution of persons not belonging to the mili tary or naval service of the United States, by military commission, is in direct conflict with the Conatitution, and we denounce the 6ame as unworthy of a free people, and disgraceful to the American Government. 5. That we demand no more, and will submit to nothing less, than the settlement of the Ala bama claims according to the recognized rules of international law, and that we declare it to be the duty of the government to protect every citizen, whether naturalized or native, in every right of liberty and property throughout the world, without regard to the pretended claims of foreign nations to their allegiance. 6. Tbat we are in favor of, and insist upon, an economical administration of the national and State Governments, that the people may beas speedily as possible relieved from the load of taxation with which they are now oppressed, and that the public officers should be held to a strict accountability to the people for all their official acts. 7. That a national debt is a national curse, and that while we favor the payment ofour present indebtedness according to the strict letter of the contract, we would rather repudi ate the same than see it made the means for the establishment of an empire upon the ruins of constitutional law and liberty. 8. That in the opinion of this convention the Bo-called Maine liquor law, that now disgraces the statute-books of the State of Iowa ought to be repealed at the earliest possible moment. The following resolutions were offered and rejected: Resolved, That we are in favor of the repeal of the present prohibitory liquor law, believing it inadequate to accomplish the purposes de signed by it, and as a substitute for the same we are in favor of the enactment of a stringent license law. 2. That we are opposed to the proposed XVth amendment to the Federal Constitution. MISSISSIPPI. Republican, July 2, 1869. ' *i The Republicans of Mississippi, in convention assembled, in a spirit of amity and peace toward their opponents, and of justice to themselves, make the following declaration of principles and policy : . \ 1. Unfaltering devotion to the Union, first, last, and forever. 2. Faith in and fidelity to the principles, ob jects, and aims of the great national Republican party, with which and with the President and Congress we are in full accord and sympathy."" 3. A fair, impartial, just, and economical ad ministration of the Government, national and State. 4. Full and unrestricted right of speech ,to all men, at all times and all places, with the moat complete and unrestrained freedom of the ballot, including protection to citizens in the exercise of the suffrage. STATE PLATFORMS. 481 5. A system of free schools which shall place the means of liberal education within the reach : of every child in the State. 6. Reformation of the iniquitous and unequal taxation and assessments which, discriminating against labor and laborers, have borne so un- jiustly and unequally upon the people; 7. That all men, without regard to race, color, or previous condition, are equal before the law; and that to be a freeman is to possess all the civil and political rights of a citizen, are not only en during truths, but the settled and permanent doctrines of the Republican party. 8. This convention recognizee but two great national parties ; that under the administration of the one, the material and industrial resources of. the country will languish, wiilst under the liberal and fostering care of the national Republi can party, commerce, manufactures, and internal ^improvements by the General Government will surely make the people of Mississippi what nature, soil, and climate intend they snould be —rich, prosperous, and contented. 9. Recognizing as peculiarly American and republican the sentiment that the true basis of government is the "consent of the governed," -which, in a republic, is expressed through the ballot-box, we, in the language of the Chicago platform, " favor the removal of the disqualifi cations and restrictions imposed upon the late rebels in the same measure as the spirit of dis loyalty may die out, and as may be consistent with the safety of the loyal people;" and we shall hail with .unfeigned delight the day when the spirit of toleration now dawning upon our State shall be so firmly established as to warrant Congress and the nation in declaring disabilities and restrictions forever at an end — when there shall be no citizen of Mississippi clamoring for his rights.. 10. That the present modified condition of pub- He sentiment in this State renders it wise and expedient that tho-Republioan party should em' brace the opportunity whioh >is to be presented in the approaching election of ratifying the new constitution, so far modified in the franchise and general provisions thereof as to conform to the Constitution of the United States and the recon struction laws ; and that, as soon as Mississippi shall he fully reconstructed, according to the true intent of the laws, all disabilities imposed upon the late rebels should be entirely removed. . 11. That we favor the prompt ratification by this State of article XV as an amendment to the Constitution of the United States at the earliest practicable opportunity. ,.'12. We declare/for universal amnesty and uni versal s\iffrage, the enlightened spirit of the age demanding that the.fossfl remainsof proscription must be numbered with the things of the past. 13. The languishing condition -of our State, notwithstanding her genial climate and produc tive soil, capable of sustaining and inviting a population of 16,000,000, reminds us not only. of the necessity of reconstruction on a proper basis, but of theneedof immigration. Schemes- designed for class immigration, such as laborers* only, or favoring,on.ei section, or country, or peo ple; or portions of .people, over another, on.ac* count of political or any other causes, will meet 31 with no success j plans to increase our popula tion must embrace all countries, climes, people, professions, politics, and religious beliefs; any plan stopping short of this, or hesitating to give a practical, earnest, cordial welcome to settlers, without regard to race, color, locality, politics, or religion, will meet with merited failure, be cause indicating the existence of bigotry and intolerance. 14. We recognize in General Grant the chosen leader of our party and cause, as well as the rep resentative man of the age. As Washington was in hia time, ao ia Grant now "first in war, first in peace, and first in the hearts of his country men." Through hie election, peace, toleration. and prosperity at last dawn upon Mississippi, and ere long throughout these States the old flag and the ancient principles he and it represent, will be respected, adopted, and adored. The magic words, "Let us have peace," possess a power, and have a mission, which will embrace the whole world, and will cease only with time. 15. We endorae and adopt his language, " that the question of suffrage is one which is likely to agitate the public eo long as a portion of the citizens of the nation are excluded from its priv ileges;" and, in his own words, we " favor such constitution and laws as will effectually secure the civil and political rights of all persons," a consummation we devoutly desire at the earliest practicable moment, with safety and justice to all. 16. We confide in and will support Major Gen eral Adelbert Ames, military commander and governor of this State. We look to him as the representative of the President and of Congress, and regard him as able and firm in peace as in war; his quiet yet decided administration com mands our confidence and admiration. For his order relieving the poor of a heavy burden and unequal taxes, and for the order abolishing dis tinction of color, for the jury, and for the marked ability and independence displayed by him, the loyal people owe him a debt of gratitude which they can never repay, save by a life of like devo tion to the principles he represents. 17. We look to Congress as the assembled wisdom and expressed will of the nation. At whatever cost of obloquy or life, we shall in the future, as in the past, yield our unwavering fidelity to the laws and policy of the national legislature. A united nation and the principles of liberty owe their existence to-day to the firm ness, patriotism, and wisdom of a Republican Congress- Conservative Republican, June 23. Resolved, That this convention now proceed to organize the National Union Republican party, of the State of Mississippi. 2. That we express our unfaltering devotion to the great principlea of the National Union Republican party, and that we look forward with, hope and confidence to the early restora tion of our State government in accordance with the reconstruction laws of the Congress of the United States. 3. That the repeated failures of all former and existing organizations to restore- the-State and. to meet the -requirements of. the republican spirit 482 POLITICAL MANUAL. of our institutions, by insisting upon measures of proscription far exceeding the provisions of the Constitution of the United States and the reconstruction acts of Congress, have rendered them unworthy of the respect and confidence of the voters of Mississippi. 4. That, in the language of President Grant, "the question of suffrage is one which is likely to agitate the public so iong aa a portion of the citizens of the nation are excluded from its privi leges in any State;" and therefore we sincerely favor the addition of the proposed XVth amend ment to the Constitution of the United States. 5. That we deprecate any attempt to impose upon the people of thiB State any greater disa bilities than the Constitution and laws of the United States already recognize, and that we believe it to be the duty of all good citizens to use every effort to obliterate the animosities of the past, and to unite in the restoration of a State government based on the equal rights, civil and political, of meD of every race. 6. That we express our thanks to the Presi dent and the Congress of the United States for rejecting the scheme to impose the rejected con' stitution upon the people of this State, and affirm our unwavering support of the adminis tration of General Grant. 7. That we announce our8elves unqualifiedly in favor of universal suffrage, and universal am nesty, upon the restoration of the State to her federal relations, and pledge ourselves in good faith to urge upon Congress the removal of all political disabilities incurred by participation in the late rebellion. 8. That the State executive committee be au thorized and instructed to issue, in behalf of this convention, an address to the people of this State, declaratory of the principles and sentiments of the National Union Republican party of Missis sippi. 9 That the State executive committee be au thorized and instructed to issue a call for a State convention, composed of delegates representing the different counties of the State, to meet at such time and place as they may deem expedient, for the purpose of nominating a State and con gressional ticket. OHIO. Republican, June 23, 1869. Resolved, That as citizens of the nation, rep resenting the republican sentiment of an honored commonwealth, we regard with sincere satisfac tion the fidelity evinced by General Grant to the Republican party, and his policy, both foreign and domestic, and of his national administration, and pledge our cordial support to the measures inaugurated to insure conciliation, economy, and justice at home, and command consideration and respect .abroad. 2- That we hail with the profoundest satisfac tion the patriotic and constitutional declaration of President Grant, in hia inaugural address, that while "he will, on all subjects, have a policy to recommend to Congress, he will have none to enforce against the will of the people ; a senti ment which assures the country of an executive administration founded on the models of the administrations of Washington and Madison, and that will insure to Congress the unrestricted exercise of its constitutional functions, and to the people their rightful control of the Govern ment. 3. That the abolishment of slavery was a natural and necessary consequence of the war of the rebellion, and that the reconstruction measures of Congress were measures well adapt ed to effect the reconstruction of the southern States and secure the blessings of liberty and a free government; and as a completion of those measures, and firmly believing in its essential justice, we are in favor of the adoption of the XVth amendment to the Constitution. 4. That the late Democratic general assembly, in its reckless expenditure of public money ; its utter neglect of the business interests of the State by failing to enact the wise and much needed financial measures providing for the assessment and equalization of taxation prepared by the commiasion appointed by the preceding general assembly ; its hostility to our benevolent and literary institutions ; its failure to carry out the repeated pledges of the Democratic party to secure economy in the State; its extraordinary length of Bession in time of peace, resulting in an expense to the State amounting, for the pay of its members alone, to more than double that ofthe previous general assembly; itB malignant attempts to disfranchise disabled soldiers and other citizens of the State; its attempt to take from the general Government the right to pur sue, arrest, and punish those who violate tbe lawa made in purauance of the Constitution of the United States, and the vicious acts intended to destroy the power of the nation to preserve and protect the liberty and safety of its citizens, has shown the Democratic party unw,orthy of the trust, confidence, and support of an honest and patriotic people. 5. That the Republican party of Ohio is in favor of a speedy establishment of a soldiers' orphans' home in Ohio, not only as an act of juatice to the many poor and helpless orphans ¦of deceased soldiers, Dut as a recognition of the patriotic services of their fathers in the late war, and for the purpose of redeeming the pledges made by all loyal people to protect the families of those who fought and fell in the cause of human liberty and right. Democratic, July 7, 1869. Resolved, That exemption from tax of over $2,500,000,000 Government bonds and securities is unjust to the people, and ought not be toler ated, and that we are opposed to any appropria tion for the payment of the interest on. the public bonds until they are made subject to taxation. 2. That the claim of the bondholders, that the bonds which were bought with greenbacks, and the principal of which is by law payable in currency, should, nevertheless, be paid in gold, is unjust and extortionate, and if persisted in will force upon the people the question of repu diation. 3. That we denounce the high protective tariff which was designed only in the interests of the New England manufacturers ; that said tariff is STATE PLATFORMS. .also, by its enormous impositions on salt, sugar, tea, coffee, and the necessaries of life, unendura ble and oppressive, especially .upon the people of the West, and that we demand its repeal and the substitution of another based upon revenue '¦principles alone, upon the closest possible ap proximation to absolute free trade. 4. That the Democratic party of the United States have always been pre-eminently friendly to the rights and interesta of the laboring men ; "that they are in favor of a limited number of Sours in all manufacturing workshops, the hours dictated by the physical and mental well-being of the laborer; that they favor the most liberal laws ip regard to household and homestead ex emption from sale and execution ; that they are 'also in favor of liberal grants of land from the public domain to actual settlers, without any cost, and are opposed to the donation of them tto swindling railroad corporations ; and that they are generally friendly to a system of measures Advocated by the labor and industrial congresses, and we pledge the democratic party, if restored to power, to exercise their influence in giving them practical application. 5. That the attacks of Governor Hayes and Lee upon the doings of the late general assem bly are false in fact, malicioua in spirit, and 'unworthy of gentlemen occupying their elevated positions. 6. That the late general assembly were called upon to make large and extraordinary appro priations to rebuild the burned lunatic asylum, to provide a reform school for girls, to construct a new blind asylum, to make appropriations to pay over $80,000 of a judgment obtained in tbe supreme court of the State in favor of a life in surance and trust company, and to meet a defi ciency of over $500,000 of the preceding Repub lican legislature, which, together with the extra vcompensation paid to ihe members, under the "law passed by the Republican legislature,, were provided for without an increase of the" State !leyy; and the appropriations in the aggregate are much less than those of the preceding Repub lican legislature, without abstracting $800,000 from the relief fund for the maimed and disabled Soldiers and their families. 7. That we hereby return our thanks to the 'fifty-eighth general assembly for their econom ical expenditure in the administration of the Slate government and the exposal of wholesale frauds in the erection of State buildings, whereby the people were swindled out of half a million 'pf dollars by the negligence of the Republican Slate officials and the dishonesty of others. \ .8. That it ia th right of each State to decide .for itself who shall possess the elective franchise within it; that the attempt to regulate suf frage in Ohio by means of the so-called XVth 'constitutional amendment is subversive of the federal Constitution. 9. That the policy and legislation of the Radical party directly tend to destroy all the reserved rights of the States, and convert the Republic into a consolidated despotism; that whether such despotism be exercised by an em peror, a president, or a congress, the result would be fatal to liberty and good government; that consolidation in this country means the absolute dominion of monopoly and aggregate capital over the lives, the liberty, and the prop erty of the toiling masses. 10. That we denounce the national banking system as one of the worst out-growths of the bonded debt, which unnecessarily increases the burden of the people $30,000,000 annually, and that we demand its immediate repeal. 11. That the trial and sentence to death by military commissions of citizens of Texas not in the military or naval service, when the civil courts were in unobstructed exercise of their functions in that State and in the time of pro found peace, and the approval of that sentence by President Grant, are violations of the most sacred rights of American citizens guaranteed by their constitution, State and federal, and de serve and should receive the earnest condemna tion of every lover of liberty and constitutional government. 12. That the numerous palpable aud high handed usurpations of the party in power ; their many public and private acta of tyranny, trampling under foot the civil law and the guarantees of the Constitution ; their continuing to deprive sovereign States of representation in Congress, and to govern said States by military rule, show them to be the party of despotism, and unworthy the confidence and support of a free people. 13. That we extend the right hand of fellow ship, and recognize as brethren in a common cause,. all conservative men, not heretofore Dem ocrats, who will unite with us in rescuing the Government from the unworthy hands into which it has fallen ; and we pledge the united and cordial support of the two hundred and fifty thousand Democrats in Ohio, whom wo represent, to the ticket nominated by this con vention, 'and presented by us to the suffrages of the people of Ohio. PENNSYLVANIA, Republican, June 23, 1869. Resolved, That we rejoice in the glorious na tional victory of 1868, which is bringing peace, happiness, and prosperity to us as a nation. 2. That we wholly approve of the principles and policy of the administration of General Grant, and we heartily endorse every sentiment contained in his inaugural address, and espe cially do hereby ratify and approve the late amendment proposed by Congress to the Consti tution of the United States, and known as the XVth amendment. 3. That we have confidence that the general administration will wisely and firmly protect the interests and dignity of the nation in respect to our just claims against Great Britain, and that we endorse the action of the Senate in rejecting the Johnson-Clarendon treaty, known as the Alabama claims. 4. That we heartily sympathize with the struggling peoples of all nations in their efforts to attain universal freedom and the invaluable rights of man. . . 5. That we confidently endorse the adminis tration of General John W. Geary as wise, eco nomical, and honest, and that it deserves, as i» 484 POLITICAL MANUAL. has received, the approval of the people of Pennsylvania; and we especially commend his uniform efforts to restrain the evils of special legislation. 6. That in Hou. Henry W. Williams, our can didate for the supreme court, we present a learned, pure, and patriotic jurist, who will adorn the high position to which we purpose to elect him. 7. That we reiterate and affirm our adherence to the doctrine of protection, as proclaimed in the 9th resolution of the platform adopted atthe State convention of March 7, 1866. 8. That we endorse the ticket this day nomi nated, and pledge to it our hearty and cordial support. Democratic, July 14, 1869. Resolved, That the federal government is lim ited in power to the grants contained in the federal Constitution ; that the exercise, of doubt ful constitutional powers is dangerous, to the stability of the Government and tlie safety of the people, and the Democratic party will never consent that the State of Pennsylvania shall surrender her right of local sel)f-gover,nmen,t. 2. That the attempted ratification of the pro posed XVth amendment to the federal Constitu tion by the Radical members of the last legislature, and their refusal to submit the same to a vote of the people, was a deliberate, breach of their offi cial duty and an outrage upon every. citizen, of, ihe State, and the resolution making such rati fication should be promptly repealed, and the amendment committed to the people at the polls for acceptance or rejection. 3. That the Democratic party of Pennsylvania is opposed tp conferring upon the negro, the right to vote, and we do emphatically deny that there is any right or power in Congress, or elsewhere, to impose negro suffrage upon the people of this State in opposition to their will. 4. That reform in the administration of the federal and State governments, and in the man agement of their financial affairs, is imperatively demanded. 5. That the efforts now being made for the amelioration of the condition of the laboring man have our most cordial co-operatioa. 6. That the legislation of the late Republican Congress outside. of the Constitution, tjie disrer gard of the majority therein of the will of the people and the sanctity of the ballot-box in Vhe exclusion from their seats in Congress of •repre sentatives clearly elected, the establishment of military governments in the States of the Union, and the overthrow of all civil governments therein, are acts of tyranny and usurpation that tend directly to the destruction of all republican government and the creation of the worst forma of despotism. 7. That our soldiers and sailors who carried the flag of our country to victory must be grate fully remembered, and all the guarantees given in their favor must be faithfully .carried into execution. 8 Equal rights and protection for naturalized nnd na'ivp born citizens at home and abroad. The aasertion of American nationality, which shall command the respect of foreign lowers and furnish an example and encouragement to peo ple struggling for national integrity, constitu tional liberty, and individual rights. 9. That the present internal revenue and tax ing system of the general Government is grossly unjust, and means ought at once to be adopted to cause a modification thereof. VERMONT. Republican, June, 1869. Resolved, That the Republican Union party of Vermont hereby affirms its adherence to the car dinal principles of the party, and especially the exclusion of traitors from the positions of public trust, the right of impartial suffrage, and the in tegrity of the public credit. 2. That we have confidence that the adminis tration will wisely and firmly protect the inter ests and dignity of the nation in respect to our just claims against Great Britain, and that, in our judgment, we can afford to wait until her majesty's government finds it for her interest to make^settlement. 3. That we wholly approve the principles and policy of the administration of President Grant, and we particularly commend that point of his inaugural address wherein he deelareB, " I would protect the law-abiding citizen, whether of na tive or foreign birth, wheresoever his rights are joo.pardiz.ed, or the flag of our country floats, and would protect the rights of all nations, demand ing equal respect for our own." 4. That we cordially commend the State ticket this day nominated, and pledge to its support such a majority as shall show that Vermont takes no step backward in her Republican course. Democratic, June 17, 1869. Resohed, That the practical workings of the general Government, as administered by the op- poskfon to the Democratic party, renews our zeal and love for the principles of bur party. 2. That we are still in favor of a strict adher ence to the Constitution of the United States, as the. safeguard of the States. 3. That the Democracy, now as ever, make no distinction between citizens, whether of native or of foreign birtb, and that we sympathize, now as ever, with'men of, all nationalities striving for selif-gov,ernment. . , 4. That we are opposed to the present unequal system of taxation of the general Government, and to the corrupt and wasteful expenditures of the proceeds of such taxation. 5. That we prefer a system of government in accordance with the principles of the Democratic party rather than the present system of Radical rule. 6. That we will heartily support the nominees this day made. VIRGINIA. Republican, March 11, 1869. Resalv&d, That the early restoration of the State of Virginia to the federal Union, clothed with all the rights and privileges of the most favored States, ia required by the obligations whichithe Government owesto the several States, STATE PLATFORMS. 485 is necessary to the just independence', dignity, and character of the State, is demanded by every consideration of patriotism as well as of interest ; but that this return can now take place only un der the authority of Congress, in the way pointed out by the reconstruction acts, and by the adop tion, without change Or modification, of the con stitution soon to be submitted to the people, and an election by them of their choBen officials, pub lic servants, and representatives, which election ought to be immediately held, nor can it be long er delayed without serious danger of final dis- 2. That the election of General Grant has given a new guarantee aud awakened new confidence in the full and final triumph of the principles of the Republican party. The sublime truth that all men are free and equ'al will now become a great living fact. All persons born in the United States and subject to its jurisdiction are citizens not only of the United StateB, but of any State in which they may choose to reside. Nor can any State deny to any citizen within its jurisdic tion the equal protection of the laws, ot the pos session or enjoyment of any right or privilege on accountof race, prior oondition, or religious faith. We hail with gratitude the President's inaugural address, and willnever cease to thank him for tell ing the American people that while suffrage is denied to a portion of the citizens of the nation there cannot be peace. We pray Almighty God that the hope which is expressed for the ratifica tion of the XVth article of amendment may be shortly realized, so that hereafter no State of the federal Union can deny to any citizen the blessed boon of suffrage on account of the accident of color, nor ever deny to him who has the right to vote the twin privilege, the right to be voted for. We thank the President, too, for that prompt actof retributive justice which has restored Sheri dan and Reynolds to the commands from which they were removed by an Unjust Executive, be cause of their faithful discharge of duty, their noble homage to the rights of humanity, and the manly enforcement of the recotastSUbtion laws of Congress. In this act of j ustice we recognize an other sure ground for confident hope, that tried fidelity to the Government is to be regarded as a virtue, and the support of the Union is to be honorable. We promise to his administration our earnest support. We invoke his best pow ers and wisest counsels to aid us in an early, just, and lasting reconstruction of our commonwealth. 3. That the equality in rights of all the oiti- Bens, a just and proper provision for the educa tion of the people through public schools open to all, a more equal system of taxation, a rea sonable provision to secure a home, the necessa ries of life, and the means of earning a support exempt from forced levy and sale ; to preserve the plighted faith of the State by the payment of her honest debts ; to do justly by making and impartially enforcing just and equal lawa ; to enrich the State- by developing her resources ; tb secure an impartial jury trial by opening the jury-box to all the male citizens, without regard ;'fe> race or color; to soothe animosities and strife by removing the causes Of irritation ; to create friendship and harmony by burying enmities ; the right of the people to frame their own organic law, and the right of the real party of recon struction to determine the manner in which, as well as the constitution and laws under which the State shall be restored, are all fundamental principles, vital to the success of the great work of reconstruction, and to which we now again pledge our faith, allegiance, and earnest support. 4. That no republican form of government can long exist, or be wisely administered, where a considerable portion of the people are disfran- ehised, and that the Republican party of the State of Virginia is not in favor of the creation of permanent disabilities, but pledges ita influ ence and efforts to secure the removal of all the disabilities incurred by participation in the late rebellion from all the citizens of this State, who, accepting in good faith the results of the war by their acts and influence, shall cordially co-oper ate in an earnest effort for the restoration of the State under the reconstruction laws. We believe, however, that such disabilities should not be removed 'solely on tbe application of peraonal friends, nor from mere personal considerations, but because the individual himself possesses such superior claims for amnesty as are not possessed by the great body of disfranchised persons. 5. Thiat the Republican party is the real party of reconstruction ; that there can be no perma nent and just restoration of the State excepting through its instrumentality. Tbat all efforts for its destruction or demoralization are dangerous to the beat interests of the State, fraught with mosteeriouB consequences to the Union men, and, if successful, must finally defeat reconstruction itself; to the preservation of the party and its organization in their integrity, to its most com plete consolidation and its higher elevation, we pledge our utmost efforts-, while at the same time we Open its doors Wide, and cordially invite to its support, labors, and triumphs, all citizens who, rising above mere partizanship, and standing upon the higher level of statesmanship, embrace the common faith and vital principles which lie at the foundation of true reconstruction, just equality, lasting peace, and State and national prosperity. 6. Tbat five memberB of the State central com mittee, including the thairman thereof, be re quested to wait on General Canby, when he shall assume command of this district, and request him to issue such orders to his officers as shall secure the abrogation of all distinctions as to race, color, or previous condition, in the selection of juries. Conservative,* April 29, 1869. Whereas the p'Oople of the State Of Virginia, ?These resolutions were reported April 28, by Messrs. Robert Ould, J. B. Baldwin, J. K. Edmunds, F. McMul- len, L. B. Anderson, Jas. C. Campbell, A. Mosely, W. D. Haskins, and W. T. Sutherlin— a majority of the com mittee. Messrs. John Goode, Jr., Hugh Latham, and J: G. Mason presented the following minority report: Whereas the people of Virginia, by their del egates duly chosen, met in Convention in this city in the month of December, 1868, and, after sol emn and mature deliberation adopted their " de claration of principles," setting forth and defining the policy of the white people of the State; And whereas in the said " declaration of prin ciples/' in its own language, did distinctly declare 486 POLITICAL MANUAL. by their delegates in convention duly chosen that the governmentof the State and of the Union were formed by white men to be subject to their control, and that suffrage should be bo regulated by the States as to continue the system under the control and direction of the white race, and that in the opinion of this convention the people of Virginia will sincerely co-operate with all men throughout the Union, of whatever name or party, who will labor to restore the constitutional Union of the States, and to continue its government and those of the States under the control of the white race; And whereas the organization of the conser vative party of the State of Virginia exists by authority of the said convention and the action of the people thereunder; And whereas the Congress of the United States have directed an election in this State to be or dered by the President, whose proclamation is daily expected, at which election the Underwood constitution is to be submitted to the people for ratification or rejection, and at the same time an election is to be held for State officers ; And whereas, for the purpose of consolidating and making effective the entire strength of the Conservative party in the State in opposition to the said constitution, the State executive commit tee and the county and city superintendents, in the exercise of the powers confided in them on the day of , 1868, did nominate a State ticket : Now, therefore, be it Resolved, That" the declaration of principlea unanimously adopted by the said convention, composed of the representatives of the white men. of all parts of the State, is binding upon the body until it shall have been revoked or modified by another convention of equal powers, and this meeting has no right to abandon the same. 2. That this meeting earnestly recommend to the people of Virginia to adhere steadfastly to the declaration of principles, and to the plan of organization adopted by themselves in conven tion assembled, and to continue to follow the leadership of their nominees, who have upheld the principles of their organization with such conspicuous gallantry and devotion. 3. That the clauses of the- Underwood consti tution proposed to be submitted to a separate vote are immaterial and insignificant compared to the leading features of that instrument : Uni versal negro suffrage, negro eligibility to office. That the same number of votes that will strike out the clauses' to be submitted to a separate vote, will, if polled to that effect, defeat the whole constitution. 4. That the military rule of one of our own race, responsible to his superiors, is far prefera ble to the domination of an irresponsible multi tude of ignorant negroes; and that, impelled by these considerations, we call upon all white men, whether native or adopted citizens, to vote down the constitution, and thereby save themselves and their posterity from negro suffrage, negro office-holding, and its legitimate consequence negro social equality. 5. That even were an abandonment of the above-mentioned principles to be agreed on by this body, the 7th seotion of the election law met in convention in this city in the month of entitled an act authorizing the submission of the constitution, &c, to the vote of the people, holds the restoration of the State subject to the subse-* quent action of Congress, and that in this fact we find abundant reason to believe other condi tions may be imposed upon us. 6. That the act in question imposes a condi tion precedent in the adoption of the XVth amendment, which is in violation of every prin ciple of constitutional law, and should not of right be endorsed by the people of Virginia. Mr. Shackelford, of Culpeper, objected te both- reports, and moved the following: Resolved, That this/meeting adjourn, to meet again ten days after' the proclamation of the- President of the United States fixing the day of voting on the constitution for. Virginia and of election of officers under said constitution. 2. That the people of the counties of the State be requested to send delegates to the said ad journed meeting, to act in conjunction with the present representatives, for the purpose of con sidering and definitely acting upon the said con stitution, or such modifications as may be pre-" sented by the President to the people for their adoption or rejection. The convention refused, by yeas 29, nays 36, to lay the reports on the table; and, April 29th, the minority report having been withdrawn to. give opportunity for the renewal of Mr. Shackel ford's motion to postpone, the latter was debated' and rejected by yeas 24, nays 54; after which',' without a division, the, majority report was adopted. Resolutions unanimously adopted by the Con servative convention, December 12, 1867, were as. follows : 1. This convention doth recognize that, by the results of the late war, slavery has been abolish ed; and it doth declare that it is not the purpose or desire of the people of Virginia to reduce or subject again to slavery the people emancipated by the events of the war, and by the amendment to the Constitution of the United States. ., 2. This convention doth declare, that Virginia of right should be restored to her federal relations with the Government of the United States, and that it is not in the contemplation of the people of Virginia to violate or impair her obligations, to the federal Union, but to perform them in; good faith. 3. This convention doth solemnly declare and assert, that the people of Virginia are entitled tq all the rights of freedom, and all the guarantees therefor, provided by the Constitution of the United States; and they insist on the same aa unquestionable, and that the said Constitution; which all are sworn to support, does not justify the governing of Virginia by any power not delegated by it, nor ought she, under it, to be controlled by the federal Government, except in strict accordance with its terms and limitations. 4. This convention doth declare, in the lan guage of a reaolution adopted by a public meeting held at the Cooper Institute, in the city of New. York, "That the policy which continues to sub ject the people of ten States of the Union to ah irresponsible government, carried on by military STATE PLATFORMS. 487 December, 1867, and appointed an executive committee to organize the counties and cities of the State with a view to consolidate the strength of the conservative party ; And whereas the State executive committee and city and county superintendents did in the month of May, 1868, meet in this city and nominate a State ticket for the suffrage of the people ; And whereas said executive committee and superintendents have again assembled to con sider the present state of affairs, and each can didate, with patriotic desire to promote the prosperity and welfare of the State, has resigned his candidacy : Now, therefore, be it -Resolved, That this meeting accepts the said resignations of said candidates, and hereby ex presses its high appreciation of their devotion to the best intereste of the State, and of their zeal and ability in the discharge of those duties which their candidacy imposed on them. 2. That -notwithstanding the accepted resig nations of our nominees, the conservative voters of the State are urged to organize for the pur pose of defeating such obnoxious provisions of power, is inconsistent with the express proviaions of the Constitution of the United States, and is subversive of the fundamental ideas of our Gov ernment and of civil liberty: and the object for which this great wrong has been persisted in, as now being disclosed to the people of this coun try and to the world, to-wit, to subject the white people of these States to the absolute au- premacy, in their local governments and in their representation in the Senate and House of Rep resentatives, of the black race, just emerged from personal servitude, is abhorrent to the civiliza tion of m'ankind, and involves ua and the people of the northern States, in conaequence of sur rendering one-third of the Senate and one-quar ter of the House of Representatives, which are to legislate over us, to the dominion of an or ganized class of emancipated slaves, who are without any of the training, habits, or traditions of self government. 5. This convention, for the people of Virginia, doth declare that they disclaim all hostility to the black population ; that they sincerely desire to see them advance in intelligence and national prosperity, and are willing to extend to them a liberal and generous protection. But that while, in the opinion of this convention, any constitu tion of Virginia ought to make all men equal before the law, and should protect the liberty and property of all, yet this convention doth distinctly declare, that the governments of the States and of the Union were formed by white men, to be subject to their control; and that the suffrage should still be .so regulated by the States as to continue the federal and State sys tems under the control and direction of the white race. 6, That, in the opinion of this convention, the people of Virginia will sincerely co-operate with all men throughout the Union, of what ever name or party, who will labor to restore the constitutional union of the States, and to continue its government and those of the States under the'control of the white race. the constitution framed by the late convention in Richmond as may be separately submitted, and to that end, as well as to secure the election of proper persons to the legislature, the organ izations already in existence are exhorted to in creased activity, and in those localities where no organizations have been formed the people are earnestly requested to meet together and adopt measures for the purpose of preventing the incorporation of such iniquities in the or ganic law of the State. 3. That this convention, while expressing its hostility to the leading and general features of said constitution, aud while urging the necessity of organization for the purpose of defeating such provisions as may be submitted separately, de clines to make any recommendation to the conservative voters of the State as to their suffrages upon the constitution expurgated of said provisions, or as to the candidates that may be before the people, feeling well assured that their good sense and patriotism will lead them to such results as will best .subserve the true and substantial interests of the Commonwealth. WASHINGTON TERRITORY. Republioan. Resolved, That the principles of the Republican party, as declared by the last National Republi can convention at Chicago, meet with our hearty approval, and adherence thereto by the national, State, and territorial legislatures, will secure the peace and prosperity of our country. 2. That we recognize the great principles laid down in the immortal Declaration of Independ ence as the true foundation of democratic gov ernment, and we hail with gladness every effort toward making these principles a living reality on every inch of American soil. 3. That we regard with great pride and satis faction the accession of the wise, efficient, and victorious leader of the American army, General Grant, to the high and honorable position of President of the United States, and confidently rely upon the earnest co-operation of the differ ent branches of the Government for the enact ment and enforcement of such measures as shall secure the rights and liberty of every American citizen, upon principles of justice and equality, and that respect for the laws by the people that will insure the peace and progress of the entire country. 4. That- the interests of Washington Territory can best be promoted by the election of an able Republican representative of our people as del egate to Congress, who will exert himself to ob tain the fostering care and material aid of the general Government for our territory, and secure the just rights of each and all of our citizens, and who. as opportunity offers, will make known to the people of the States, by public addresses, the great advantages and inducements our territory presents to capital and population. 5. That a system of internal improvements in our territory should receive the encouragement and support of the general Government, in order that our important resources may be developed and the prosperity of the country promoted. 488 POLITICAL MANUAL. Among these internal improvements the con struction of the Northern Pacific, Columbia River and Puget Sound, and Waila Walla and Colum bia River railroads are of great and paramount importance, and their early completion . highly necessary for the interests of not only this Terri tory, but also those of the entire country. ' 6. That the nominee of this convention can, and by the hearty and united efforts of the Union Republican party will, be triumphantly elected, and to that end all personal preferences ahd pre judices should be waived for the general good, and the present as well as future success of the Republican party and its principles be thereby effectually maintained. Democratic. Resolved, That the Democracy of .Washington Territory rely upon the justice and patriotism of the American people for the ultimate triumph Of democratic principles, whioh alone can effect the full and complete restoration of the Ameri can Union, and restore to the people and the States respectively their rights under the con stitution. 2. That this Government was founded by white men, and that we aire opposed to the ex tension of the elective franchise or citizenship to negroes, Indians, or Chinamen. 3. That the recent attempt on the part of the Radical party in Congress to disfranchise the people of the Territory indicates a purpose in. that party to destroy the liberties of the people. 4. That we are opposed to the proposed XVth'. amendment of the Constitution of the United States. 5. That the exclusion of any State from- rep-', resentation in Congress in time of peace iB a dan> gerous assault upon the liberties of the people, in violation of the principles of our Unionj and subversive of the rights of the Constitution. 6. That we are opposed to the present systeni of Government taxation, and are in favor of raising the necessary revenue for Government purposes by an ad valorem tax on the entire im ports and property of the country. 7. That we favor the construction of railroad^ ' the development of the vast resources of our Territory, and believe that Government Bhould aid the construction of the same, and we ac knowledge the important services rendered to our Territory in projecting the North Pacific railroad by the late I. I. Stevens. XL VII. VOTES OF STATE LEGISLATURES ON THE PROPOSED XVth AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. [Not yet voted.] Alabama. Arkansas. Senate, March 13, 1869. Yea3— Messrs. Barber, Beldin, V. Dell, Evans, Hadley, Harbison, Hunt, Hemingway, Keeton, Mallory, Martin, Mason, Portis, Rogers, Sarber, Snyder, Vance, Wheeler, Young — 19. Nats— Messrs. Sanders, Ray — 2. House of Representatives, March 15, 1869. Yeas — Messrs. John G. Price, [Speaker,] Isaac Ayres, Samuel Bard, Joseph Brooks, Wm. A. Britton, James A. Butler, Abraham T. Carroll, Jeremiah Clem, Robert S. Curry, Charles C. Far- relly, Edgar D. Fenno, George M. French, John H. Fitzwater, Jerome W. Ferguson, Solomon Exon, John J. Gibbons, Jamea M. Gray, William H. Grey, Arthur Guuther, Jobn W. Harrison, Asa Hodges, Jeffrey A. Houghton, Jacob Huf- stedler, Daniel Hunt, Daniel R. Lee, James M. Livesay, Z. Henry ManeeB, Alfred M. Merrick, Solomon Miller, Jesse Millsaps, Saml. F. Mitch ell, Wm. T. Morrow, Peter Moseley, Wm. S. Mc Cullough, Nathan M. Newell, David Nicholls, Marville M. Olive, John F. Owen, Newton L. Pears, Nathan N. Rawlinga, Moses Reed, Ander son L. Rush, Richard Samuels, Ephraim ShaTb, Daniel J. Smith, Wm. W. Stanaberry, John B. 8. Turman, Daniel P. Upham, Benj. Vaughan, Jas. ' T. White, John K. Whitson, Win. H. Wills, Wm. H. Wright— 53. Nats— 0. California. [Not yet voted.] Connecticut. Senate, May 7, 1869. Yeas— Messrs. Calvin O. King, Samtiel W. Dudley, Erasmus D. Avery, Henry W. Kings'-^ ley, Aaron E. Emmons, Heusted W. R. Hoy!, ! David Gallup, Joseph D. Barrows, Charles ft ;' Andrews, Os'car Leach, Carnot 0. Spencer, Chas1. Underwobd, Edwin D. Alvord — 13. Nays— Messrs. George M. Landers, N Web- ^ ster Holcomb, Lucian W. Sperry, Alfred B.JuMi^ Owen B. King, E. Grove Lawrence — 6. Not Voting — Edward N. Shelton, James'S. Taylor— 2. House op Representatives, May 13, 1869. . .{ Yeas— Messrs. Henry Woodford, Henry Sage, Albert C. Raymond, James F. Comstock, Daniel -.« Phelps, Caleb Leavitt, George S. Miller,. Rufus Stratton, Thomas Cowles, Samuel Q. Porter, i VOTES OF LEGISLATURES. 4«9 Abira Merriam, Byron Goddard, Charles H. Arnold, Horace Eddy, Samuel Rockwell, Robert Sugden, Benjamin F. Hastings, Samuel N. Reid, John M. G. Brace, Joseph J. Francis, Joseph T. Itotchkisa, Julius A. Dowd, Stephen R. Bartlett, Jonathan Willard, Clinton Clark, T. Andrew Smith, Daniel A. Patten, George A. Bryan, John B. Platt, Israel Holmes, William A. Warner, Seth (Smith, Benjamin B., Thurston, Edward Harland, George Pratt, William W. Smith, Joseph N. Adams, John D. Watrous, Paul Couch, William EL, Potter, Robert Palmer, David Geer, Daniel Bailey, Israel Allyn, Henry S. Lord, John F. fiajuace, Willet R. Wood, Alfred Clarke, Roger G. Avery, Gurdon F. Allyn, David D. Mallory, Benjamin B. Hewitt, Amos S. Treat, Walker B. Bartram, Ebenezer S. Judd, Ira Scofield, CharleB Judson, Francis L. Aiken, Israel M. Bullock, William H. Hill, Aaron H. Davis, William O. Seymour, Phineas S. Jacobs, Alfred Hoyt, Lewis W.Burritt, Hiram St. John, William Wood- bridge, Joseph E. Marcy, George R. Hammond, Edwin H. Bugbee, Charles Burton, Isaac K. Cut ler, Lucius Fits, John W. Clapp, Hezekiah Bab bitt, Henry H. Cary, James Pike, Eden Davis, Franklin H. Converse, Albert Campbell, Lewis Burlingharn, Charles Larabee, Ezra Dean, Wil liam H. Church, Norman A. Wilson, Lyman Gridley, Seth K. Priest, Frederic Merrill, Wil liam W- Welch, William E. Phelps, Edward Dai ley, Charles Hotchkiss, Edward B. Birge, Augus tine T Peck, Charles A. Warren, John T. Rock well, Charles J. Yo>-k, Stephen A. Loper, Martin L. Roberts, George Jones, James L. Davis, Henry Tucker, Samuel M. Cometock, Phineas M. Augur, Samuel H. Lord, Daniel Strong, Oliver C. Carter, Gilbert F. Buckingham, Edwin ' Kirkland, George H. Kingsbury, C. B. Pomero., , Henry W. fason, Isaac Mason, Guy P. Collins, John M. . ay, George B. Armstrong, MeOnelly H. Hanks. Elijah Cutter, R. W. Andrews, J. R. Washburn, George 1). Colburn, Chauncfey Paul, A. Park Hammond, Hezekiah Eldridge, William Shaffer — 1J25. Nats— Messrs. Elisha Johnson, Norman Snlith, William J. Gabb, Edward B. Dunbar, George J. > Hinman, Henry A. Case, Benjamin Taylor, Wil liam. M. Bates, Flavel (I. Newton, Joseph Thomp son, Roland 0. Buell, William C. Case, Horace Belden, Roswell A. Neal, Noah H. Byington, Francis Jones, Samuel W. Goodrich, Alva Fen ton, Alexander Clapp, Timothy C. Coogan, Sam uel L. Bronson, Michael Williams, Asa C. Wood* ward, William D, Hendrick Burritt Bradley, Us-rk Bishop, Gilbert S. Benham, Selah Strong, Jmes Sweet, John A. Peck, Egbert L. Warner, PUo Holbrook, John C. Wooster, Hezekiah Hall, John Roach, Amos S. Blake, Isaac Hough, Enoch L. Beckwith, Thomas H. C. Kingsbury, Sanford Bromley,. Robert F. Chapman, Daniel S. Guile, Prentice Avery, Geo. D. Loveland, Saviliofi Chap man, David H. Meekes, Edwin Wheeler, Cyrus &*rwod, Bern L. Budd, Jonathan A. Close, Jno. fyWellstood, Eli D. Beardsley, Hinman Knapp, Philo H. Skidmore, Cyrus F. Fairchild, Asa Smith, Sarvey K. Smith, Jarvis H. Wanzer, Sherman French, 2d, Matthew Buckley, James Smibert, Jo seph Phillips, William R. James, Henry A. Kim- bm , Lyman N. Appley, George C. Martin, Josiah &¦ 'Beckwith, John B. Hopkins, Arbert E. Merrill, Calvin Aldrich, Marshall E. Beecher. Austin H. Gillett, Lorenzo H. Hakes, William G. Kinney, John S. Wheeler, William H. Harrison, Mija A. Nickerson, FreH. A. Luccts, Enos B. Pratt, Sidney Peck, Isaac B. Bristol, Albert S. Hill, James A. Root, L '.iott Beardsley, PlineyS. Barton, Eras tus D. Goodwin, Edgar J. Reed, David L. Smith, John B. Newton, Henry S. Whcaton, Robert Ba con, Edwin Scov'ill, Hezekiah Scovil, James C. Walkley* Charles Kirby, Huntington South mayd, Charles E. Browneu, Edwin A. Emmons, Randolph P. Stepens, Charles D. Kelsey, John S. Topliff, Thos. J. White, Sdrfl-tcel A. Collins, Thomp son Strickland— 105. Not VorrNa-^-Addison 0. Mills, Jeremiah H. Bartholomew, Jamea Baldwin, Fred. A. Mallory, Edwin RobertB, James M. Kibbe— 6. Delaware [The Senate voted down the resolution to adopt amendment by a strict party -vote, the particu- ars'of which were not received in time for publi cation.] — — Florida. Senate, Jwme 1A-, 1869. YEAS'-'-MefeBre. Bradwell, Cruse, Hillyer, Kat- zenberg, Krimminger. Meacham, Pearce, Purman, Smith, Ilndefwoadi Vauwhari, Walls, Wentworth —13. Nats— Messrs. Atkins, Crawford, Ginn, Hen derson, Kendrick, Moragne, McCaskill, Weeks — 8. House, June 11, 1869. Yeas — Mr. Speaker, Messrs. Butler, Bogue> Black, Cox, Cruce, DeLah.ey, Erwin, Fortune, Grah'arh, H'arman, Harris, Hill, Hodges, Keene, Lee, Mills, MoOre, of Columbia, Pons, Powell, Robihsop., Scott, Simpson, Thompson, Walker, WelhW-26. |Nays — MeSSrs. BbStick, Bradwell, Cheshire, Forward, McKiiindn, Moore ol Hillsborough, Oli ver, Piltman, Raney, Steward, Stone, Urquharl, Watsom— 13. Georgia. % Senate, Match 18, 1869. Yeas — Messrs. Joseph: Adkins, B. F. Bruton, J. J. Collier, William Griffin, McW. Hungerford, W. F. Jordan, W. W. Merrill, B. R. McCutchen, R. T. Nesbit. M. G. Smith, C. J. Wellborn, F. 0. Welch, W. T. Winn— 13. * Independent Republican. J June 12— Mr. Filer, or Monroe, sent the following communication to the Speaker ; "Having unintentionally been absent from the A&- setiibly When the vote was taken yesterday on the joint resolution ratifying the XVth amendment ofthe Constitution of the United States, I respectfully ask that this communication be placed upon the Journal that my disapprobation of the measure and desire to vote against it may be publicly known and placed on re; cord. . This is asked in justice to myself and my constituency." The request was granted. t March 10, a motion to lay joint resolution to ratify proposed XVth fthlendtnent to the Constitution on the table was lost by yeas 13, nays 10; March 12, the joint resolution was adopted by yeas 21, nays 16; March 18j a motion to reconsider prevailed,, by yeas 19, Days 14,; March 17, the resolution was indefinitely postponed, by yeas 18, nays 17— tHe chair giving the casting vote. MSrch IS, this vote was reconsidered, by yeas 17, nays 14; but a directtfote Upon adoption of the amendment resulted in yeas 13, nays 16, as above. 490 POLITICAL MANUAL. Nats — Messrs. W. J. Anderson, W. F. Bowers, J. T. Burns, M. A. Candler, J. M. Colman, /. G. Fain, J. Griffin, John Harris, B. B. Hinton, R. E. Lester, W. T. McArthur, C. R. Moore, A. D. Nunally, Josiah Sherman, W. C. Smith, T. J. Speer— 16. * House of Representatives, March 16, 1869. Yeas — Messrs. W. D. Anderson, Benjamin Ay- ir, Edwin Belcher, Marion Bethune, P. H. Bras- sell, T. F. Brewster, G. S. Carpenter, W. C. Carson, P. H. Chambers, W. H. Clarke, Glower, A. E. Cloud, James Cunningham, S. A. Darnell, Madi son Davis, R. A. Donaldson, J. T. Ellis, W. S. Erwin, J. R. Evans, F. M. Ford, A. M. George, N. N. Gober, W. B. Gray, W. W. Grieger, J. E. Gullatt, R. B. Hall, W. D. Hamilton, J. F. Har den, G. R. Harper, J. N. Harris, Heard, W. F. Holden, G. M. Hooks, Darling Johnson, H C. Kellogg, C. H Kytle, W. A. Lane, Aug. H. Lee, John Long, J. J. McArthur, J. A. Madden, J. A. Maxwell, J. C. Nesbit, J. W. O'Neal, C. K. Os good, R. M. Parks, J. B. Parke, Joseph L. Per kins, W. P. Price, M. Rawles, James M. Rouse, G. W. Rumph, Pierce Sewell, M. Shackelford, J. E. Shumate, J. A. Smith, J. R. Smith, Smith, S. L. Strickland, E. M, Taliaferro, W. W. Watkins, Hiram Williams, W. S. Zellers, B. H. Zelner— 64. Nats — Messrs. M. R. Ballanger, Richard Bradford, W. G. Brown, Wm. M Butt, J. M. Burtz, C. C. Cleghorn, J. A. Cobb, J. M. Craw ford, John C. Drake, H. R. Felder, McK. Fin- cannon, James Fitzpatrick, if. W. Flournoy, A. S- Fowler, David Goff, Thomas W. Grimes, T. M. Harhness, James A. Harrison, W- B. Hill, Virgil Hillyer, W. L. Hitchcock, G. M. Hook, Haywood Hughes, G. C. Humber, J. R. Kim- brough, J. J. Kelley, Samuel McComb, W. T. Mc Cullough, Platte Madison, J. W. Matthews, J. W. Meadows, Henry Morgan, Lewis Nash, J. M. Nunn, S. E. Pearson, J. H. Penland, F. L. Pep per, N. J. Perkins, R. W. Phillips, G. S. Rosser, J. R. Saussey, F. M. Scroggins, Dunlap Scott, V. P. Sisson, J. B. Sorrell, W. M. Tumlin, R. A. Turnipseed, L. H. Walthal, L. 0. A. Warren, Ware, Frank Wilcher, Wilcox, J. C. Wilson— 53. Illinois, Senate, May, 1869. Yeas— Messrs. John H. Addams, Thomas A. Boyd, Andrew Crowford, John C. Dore, William C. Flagg, Greenbury L. Fort, Allen C. Fuller, Isaac McManus, John McNulta, Dan. W. Munn, A. B. Nicholson, William Patten, Daniel j] Pinckney, Henry Snapp, J. W. Strevell, John L. Tincker, John P. Van Dorston, Jasper D Ward— 18. y Nats— Messrs. S. K. Casey, S. R. Chittenden, James M. Epler, Edwin H. Harlan, William Sheppard, Joseph J. Turney, John M. Woodson — 7. ?March 11, a joint resolution to ratify the amend ment was adopted by 67 yeas to 60 nays, three other members protesting that if the proposed amendment does not confer upon the colored man the right to hold office, then they vote "aye," otherwise "no." March 12, this vote was reconsidered by 60 yeas to 45 nays Subsequently, March 16, a substitute ratifying the amendment was offered and adopted i>y the above vote. House of Repbesentatives, March 5, 1869.V Yeas— Messrs. Joseph M. Bailey, L. L. Bond, Alexander W. Bothwell, Thomas H. Burgess, James E. Callaway, Samuel H. Challis, Henry C. Child, Philip CollinB, Ansel B. Cook, John Cook, Franklin Corwin, Irus Coy, Peter W, Deitz, James Dinsmoor, Silas H. Elliott, Davi| M. Findley, Calvin H. Frew, W. Selden Gale, George Gaylord, George Gundlach, Philip K; Hanna, Joel W. HopkinB, Humphrey Horrabiq, Daniel Kerr, Alonzo Kinyon, J. C. Knicker bocker, Iver Lawson, Charles W. Marsh, John M. McCutcheon, James R. Miller, William B Miller, Francis Munson, Adam Nase, George W. Parker;"; James M. Perry, William E. Phelps, John Porter, N. N. Ravlin, Chas. G. Reed, J. S. Reynolds, Alex ander Ross, John W. Scrogge, Hiram F. Sickles; William M. Smith, Wilson M. Stanley, William" Strawn, Ephraim Sumner, Jacob Swigart^H; H. Talbott, E. 3. Taylor, Bradford F. Thomp son, L. D. Whiting, Samuel Wiley, Jonathans C. Willis, Ogden B. Youngs— 55. Nats — Messrs. Silas Reason, Andrew J. D. Bradshaw, Lewis Brookhart, Beatty F. Burke, Charles Burnett, Newton R. Casey, Joseph Cooper, Edward L. Denison, James E. Downing, John Ewing, Thomas B, Fuller, E. M. Gilmore, John Halley, Thomas Jasper, John Landrigan, Edward Lannmg, Thomas E. Merritt, Abraham Mittower, D. H Morgan, Timothy M. Morse, Smith M. Pal mer, G. C. M. V. B. Paine, James G. Phillips^ John W. Ross, Leonard Rush, 8. R. SaltonstaMj Charles Voris, David M. Woodson — 28. - Not Voting — Henry Dresser, Henrv Green— 2. Indiana. Senate. Yeas — Messrs Alanson Andrews, F. G. Arm strong, J. Rufus Beardsley, Fabius Josephus Bel lamy, A. S. Case, John Carew, Firmin Church", John R. Cravens, James Elliott, Sternes Fisher, E. W. Fosdick, Isaac P. Gray, John Green, John V. Hadley, Thomas M. Hamilton, L. W.- HeBS,1 A Y. Hooper, David F. Johnson, Isaac Kinley,'- Thomas N. Rice, John Reynolds, Milton S. Rob inson, William J. Robinson, Harvey D. Scott,-- John A. Stein, Anson Woj cott, Samuel F. WoodW: 27. J Present but not Voting — James Bradley, Wil liam W. Carson, George W. Denbo, Thomas Gif ford, E. C. Henderson, Archibald Johnston,Charles B. Laselle, Thomas G. Lee, David Morgan, Wil liam F. Sherrod, Wilson Smith— 11. Absent— Messrs. Oehmig Bird, Sims A. Cal-. ley, James M. Hanna, George V.. Howk, Robert Huey, Elijah Huffman, James Hughes, J. Mr- Humphreys, William H Montgomery, William Taggart, William S. Turner — 11. * House of Representatives, May 14, 1869..^ Yeas— Messrs. George A. Buskirk, (Speaker^) *On this day a message "from the governor an nounced the resignations of the following members: ofthe House: .| , James F. Mock.C. R. Cory, W. D. BTutchings, J. R. Bobo,. D. Montgomery^. A. ShoaW, B. S. Fuller, J. . Rex, Charles M. Scribner, John L. Winner— 19, House, April 1, 1869. Yeas — Messrs. Ross W. Anderson, Madison Belts, Hiram Bronson, Delos Canfield, Reubep P. Cannon. S. C. Carpenter, George Crist, Rob ert B. Dennis, Joseph H. Dickson, Jeremiah IJ. Dunn, William M. Eames, Morris E. Gailfij, Benjamin L. Hill, Amoa Hill, William P. Johg- son, Samuel F. Kerr, Samuel C- Kerr, M. C. Lau rence, Alfred E. Lee, Samuel T, McMorran, Fred. W. Moore, Welcome 0. Parker, William Ritez$l, Jonathan K. Rukenbrod, James Say ler, WilliaBi H. Scott, John Lincoln, William Sinclair, Geo.-ly. Skaats, Perry Stewart, Josiah Thompson, Joseph C. Ullery, Henry Waruking, Marwin Warren, Thomas Welsh, Jacob Wolf— 36. NAYS-^lfessr-s. William T. Acker, Jacob Ba ker. Edward Ball, Wilmer M. Belville, Jofyi f. . Branch, Peres B. Buell, Bushnall, Daniel J. (M- lev.. Joseph R. Cockerill, Elisha G: Denmani Jo seph Dilworth, Levi Dungan, William Fieldjipg, Isaac J, Finlcy, Elias W. Gaston, Robert B„ Gor don, Eliel Headley, George Henrichs, WiUisipn D- Sill, Peyton Hbrd, John L. Hughes, ,ifttA •The vote actually taken was on a joint resplotion to reject, but I have made the record correspori*"ttri other States, and stated Has if the motion had Me»|o flrtffifi ' ," VOTES 01 LEGISLATURES. 497 J. Jewett, Richard E: Jones, John. D. Kemp, Jno. M. Kennon, Wm, LaruriM, John Lawson, Ralph leete, C. T. Mann, Lawrence McMarrell, More, Lawrence T. Neal, James W. Newman, Thomas M. Nichol, Morgarp N. Odell. James Parks, Jno. B. Read, James- Robinson, William L. Ross, N. C. Butter, William Shaw, Andrew J. Swam, Je- risft Swetliand, Ansel T. Walling, WiUiam R. Wilson, SammelM. Worth,, and Speaker — 47. [Not yet voted], Oregon. Pennsylvania. Senate, March 11, 1869. Yeas— Messrs. Esaias Billinefelt, James C. Brown, G. Dawson Coleman,. George Connell, Rassell Errett James W. Fisher, James L. Gra ham, A. Wilson Henszey, James Kerr, Morrow IB. Lowry, A. G. Olmsted, P. M. Osterhout,. Jno. K.Robinson, C. H- Stinson, Alex. Stixtzman, A. W. Taylor, H. White, W'ilmer Worthington — 18. Nays— Messrs. John B. Beck, R. S'. Brown, Bharlton Burnett, J. D. Davis, C. M. Duncan, Qtorge D. Jackson, R, J. Lind.erman, William ACandkss, Charles J. T Mclniire, A. G. Mil ler, D. A. Nagle, William M- Randall, Thomas B. Searight, Samuel G. Turner, William A. Wal lace— 15. \ House of Representatives, March 25, 1869. Yeas — Messrs. Alex. Adaire, Fred. W. Am.es-, William Beatty, Samuel T. Brown, Andrew J. Ijufnngton, Wis. M. B'umd, Loren Burritt, John F. Chamberlain, Thos Church,, Junius R. Clark,, John Cloud, Elisha W., Dayis, Allender P. Dun can,, John Edwards, David Foy, Jacob O, Gat- chell, Alex C. Harnilton,, Jacob G. Heilman, A. Jackson Herr, Wm. G., HerrolcL, Robert, H.er- uey, Henry B. Hoffman, Jas. Holgate, Marshall C. Hong, Washington W. Hopkins, Miles S. Humphreys, Jas. A. Hunter, Samuel M. Jack son, Samuel Kerr, Chas, Kleckner, Augustus B. Leedond, Alex. Leslie, Jacob. H. Longenecker, David M. Marshall, Amos H. Martin,, Stephen -M. Meredith, Vincent Miller, George F. Morgan, George W. Myers, Thomas Nicholson,, Jerome B. Niles, Wm. P. I. Painter, Jacob G. Peters, Jaa. M. Phillips., Geo. P. Rea, Archimides Robb,, Jos. Robison, David Robison, Almon P. Stephens, James V. Stokes, John D-. Stranahan, Butler B Strang, Jas. Subers, Aaron H. Summy, James Taylor, Harvey J. Vankirb, Jobn H^ Walker, James H. Webb, Jno. Weller, Geo. S, Wesfclake, Geo, Wilson, John Ck*rk, (Speaker,)— 62; a'! Nays— Messrs. Joshua Bean*, Michael Beard, Samuel F. Bossard.^PhilUp Breen, Henry B$obst, Robert B. Brown, Theodore Cornman, Daniel B- Creitz, Samuel D. Dailey, William I Dayisj Affietrong B Dill, James- Eschbach, John H. jtpgel, George H. Goimdie.}. Henry S Hottemteim,, Seoi-jrc R. Hursk, Richmond L. Jones\ Samittel Jot'^hs, William, H.. Kase, Thos. J. McCullough, Jvhm M. Ginnis, Edfi/afrd 0, M'cMntpry^ Henry %clffller,,P. Gray Meek.. Michael, Mulhn, Wm. M.Nelson, Decatur E, Nice] DanlX.-. 0'NeiU, Jot*. Place, Wm. H. Playford, John Porter, Btnja- ¦JjjM F. Porter, John I. Rogers, George Scott, Jos. *mgwick, John Shirely, Lewis H. Stout, Nathan 0. Westler—38. 32 Rhode Island. Senate, May 27, 1869. Yeas — Messrs. Wheaton Allen, Nicholas Ball, George. L. Clark. George H. Corliss, Benoni Car penter, Samuel W. Church, James S. Cook, Geo. B. Coggeshall, John M. Douglass, James T. EdV wards, Benjamin Fessenden, Lysander Flagg, Cliarles H. Fisher, Albert G. Hopkins, David Hopkins, Asahel Matteson, Jos. Osborne, Daniel B. Pond, William C. Potter, Jethfo Peekham, Isaac B. Richmond, Lewis. B. Smith, Cnarles C. Van Zandt— 23(. Nays — Messrs Pardon W. Stevens, A\fred Anthony, William Butler, Stephen C. Browning, Silas C. Grandall, Samuel H. Cross, Alexander Eddy, Timothy. A. Leonard, Nathaniel C. Peck- ham, John B. Pearce, Joseph W. Sweet, George W. Taylor— 12. House of Representatives, May 29, 1869. Vote on postponing th.e question till the January session. For Postponement— Messrs. William D. Aid* r.kh, Ferdinand H. Allen,, Emor J. Angell, Ju lius Baker, George N. Bliss. Theodore P. Boger,t Baylies Bourne, John C. Brown, Ezra J. Cady, /. Hamilton Clarke, Nathaniel B. Durfee. Henry T. Grant, Richard W. Greene, Mason W. Hale, Stephen Harris, William S. Kent, Robert R, Knowles, Edward Lillibridge, John Loveland, Francis W Miner, Arlon Mowry, George H. Oluey, Samuel B. Parker, John C. Pegvam. Sam uel Rodman, jr., William P. Shaffield, Nathaniel C. Smith, George T. Spicer, Joseph E. Speink Horatio A. Stone, Nathan T. Verry. Albert M Waite, John E. Weed'en, Joseph D. Wilcox, Jas. M. Wright— 35. A&ainst Postponement — Messrs. Benjamin T Eames, (Speaker,) William T. Adams, Edwic Ald'rich, Lucius C. Ashley, John H. Burden, Wil liam W. Blodgett, Fcancis Brinley, Joseph F. Brown, Henry Bull:, jr., John T. Bush, Thomas G. Carr, JohnG. Childs, Thomas Coggeshall, jr., James C. Collins, Davis Cook, jr., Sal'adin Cook, Ed. Dowling, Daniel E. Day,. Henry F. Brown, Edwin L. Freeman, George W. Green, 1'avid S. Harris, Wm. Knowles, Nathan B. Lewis, Jesse Metcalf, Jabez W. Mow-fly, Charles H. Perkins, William H. Seagrave, Owen W. Simmons —29. South Carolina. Senate, March 6, 1869. Yeas— M.esaiB. H. tuck, R. H. Cain, E. F Dickson, R. J Donaldson, H. W. Duncan, J. A Greene, W. R. Hoyt, J. K. Jillson, C P. Leslie, John Lunney, C. W. Montgomery, H. J. Max well, W. B. Nash, Y. J P. Owens, J. H Rainey, W. E. Rose, S. A. Swails, J. J. Wright— 18. Nay — Mr. Joel Foster — 1. House of Representatives, March 11, 1869-. Yeas— Messrs. F. J. Moses, it.., (Speaker,) B. A. Boseman/B. F. Berry, W J. Brodie, S. Brown, j'olin Boston, Joseph, Boston, John A Roswell, Jasork Bryant, W- A. Bisbop, Law.rence Cain-, E, j. Cain, Wilson Cooke, W. S. Collins, Joseph Crews R. C. DeLarge, John B. Dennis, William Driffle, R. B. Elliott, J. H. Feriter, S. Farr W. H. W. Gray, John Gardner, jEso$>. Goodson, E. 498 POLITICAL MANUAL. Hayes, C. D. Hayne, James N. Hayne, B. Hum phries, G Hollinan, James Hutson, D. Harris, John B. Hyde, D. j. J. Johnson, W. E. John-" Nays — Messrs. Rhodes B. Ballard, John Bow. ston, S. Johnson, B. F. Jackson, H. Jacobs, B James, H. James, W. R. Jervay, J. H. Jones, W. H. Jones, C. S. Kuh, H. J. Lomax, George Lee, S. J. Lee, J. Long, J. Mayer. W. C. Morrison, W. J. Mc- Kinley, E. Mickey, G. F. Mclntyre, H. McDan- iels, J. S. Mobley, J. P. Mays, j. W. Mead, W. Nelson, J. W. Nash, J. L. Nagle, P. J. O'Con nell, H. W. Purvis, W. Perrin, J. PrendegraBS, A. J. Ransier, ThomaB Richardson, T. Root, A. Rush, P. R. Rivers, E. M. Stoeber, C. J. Stol- branch, Robert Smalls, A. Smith, S. Saunders, H. L. Shrewsbury, P. Smythe, T. K. Serporlas, R. F. Soott, B. A. Thompson, S. B. Thompson, Reuben Tomlinson, W. M. Thomas, S. Tinsley, C. M. Wilder, John Wooley, W. J. Whipper, J. H. White, J. B. Wright, George M. Wells— 88. Nays— Messrs 0. M. Doyle, R. M. Smith, John Wilson — 3. Not Voting — Messrs. B. Barton, T. F. Cly- burn, John A. Chestnut, George Dusenberry, L. W. Duvall, F. De Mars, P. E. Ezekiel, John G Grant, J. Henderson, J. H. Jenks, H. Johnson, G. Johnson, W. C. Keith, F. A. Lewie, S. Littlejohn, Wm. McKinley, John B. Moore, Y. B. Milford, F. F. Miller, W. J. Mixson, S. Nuckles, C. H. Pettengill, B. F. Sloan, W. G. Stewart, William Simons, J. Smiley, C C. Turner, W. W. Waller, H. W. Webb— 29. John Rufus Smith, Jesse a. Bnodgrass, Richard Thomas, William 0. Wright— 22. Tennessee. [Not yet voted ] Texas. [Not yet voted.] Vermont. [Not yet voted,] Virginia. [Not yet voted.] West Virginia. Senate, March 3, 1869. Yeas— Messrs. Joseph T. Hoke, (President,) James Burley, H. K. Dix, Willis J. Drummond, Ephraim Doolittle, George K. Leonard, Z. D. Ramsdell, Alstorpheus Werninger, Wm. Work man, Samuel Young — 10. Nays— Messrs. Lewis Applegate, Wm. J. Bore man, Jesse H. Cather, Henry G. Davis, John M. Phelps, Andrew Wilson — 6. House, March 2, 1869. Yeas — Messrs. Solomon G. Fleming, (Speaker,) Joseph W. Allison, George W. Carpenter, James Carpenter, Benjamin F. Charlton, Elias Cun ningham, George Edwards, Joseph H. Gibson, Sidney Haymond, Fenelon Howes, John s! Keever, Edward S. Mahon, Andrew W. Mannj William M. Powell, Thomas G. Putnam, John Reynolds, Barney J. Rollins, Owen G. Scofield, yer, Reuben Davisson, Henry H. Dits, William M. French, Alpheus Garrison, Benjamin F. Har rison, James Hervey, John A. Hutton, Alexander M. Jacob, John J. Jacob, John Kincaid. Daniel Lamb, Thomas W. Manion, Jas. T. McClaskey* David S. Pinnell, Charles W. Smith, Louis C Stifel, 'John T. Vance— -19. Wisconsin. Senate, March 9, 1869. Yeas — Messrs. Henry Adams, S. S. Barlow, W. J. Copp, J. W. Fisher, William M. Griswold,' Geo. C. Hazelton, Lemuel W. Joiner, W. J. Ker shaw, A. W. Newman, David Taylor, Anthony Van Wyek, Geo. D. Waring, Chas. M. Webb, C. G. Williams, Nelson Williams — 15. Nays — Messrs. W. J. Abrams, Satterlee Clarke, H. H. Gray, Carl Habich, Chas. H. Larkin, Wm. Pitt Lynde, Lyman Morgan, Geo. Reed, Adam Schantz, W. W. Woodman, Wm. Youno —11. Absent and not Votinq — E. S. Bragg, C. M. Buth, William Ketcham, N. M. Littlejohn, M. W. Louder, Curtis Mann, Henry Stevens — 7. House of Representatives, March, 3, 1869. Yeas— Messrs. Fayette Allen, Douglas Ar nold, H. D. Barron, J. B. G. Baxter, J. Bennett, Van S. Bennett, Benjamin H. Bettis, J. M. Bingham, J. N. P. Bird, Thomas Blackstock, H. C. Bottom, G. H. Brock, Luther Buxton, Syl vester Calwell, Ben M. Coutes, Joseph S. Curtis, W. P. Dewey, Seth Fisher, Jas. S. Foster, Hiram L. Gilmore, Geo. T. Graves, J. K. Hamilton, Joseph Harris, Andrew Henry, Robert Henry, Edwin L. Hoyt, Frederick Huntley, Edwin Hurlbut, Thos. A. Jackson, D. H. Johnson, J. E. Johnson, C. C.Kuntz.O. B. Lapham, A. R. Mc Cartney, J. R. McDonald, John McLees, D. E. ¦ Maxson, Knute Nelson, C. C. Palmer, C. D. Parker, C. H. Parker, Cyrus Perry, A. L. Phil lips, Thad. C. Pound, Abner Powell N. B, Richardaon, Freeman M. Roas, Wm. E. Rowe, M. H. Sessions, Adelman Sherman, John A. Smith, S. E. Tarbell, Joseph M. Thomas, Thornton Thompson, Vernon Lichoner, G. W. Trask, A. J. Turner, N. P. Waller W. S. Warner, Jefferson F. Wescott, Samuel C. West, and Mr. Speaker A. M. Thomson— 62. Nays — Messrs. John Adams, John H. Bohne, A. K. Delaney. Andrew Dieringer, Richard Don ovan, Patrick Drew, Rees Evans, B. F. Fay, John Fellenz, Charles Geisse, Job Haskell, James Woye, E. H Ives, John Kastler, J. McDonald, C. E. Mcintosh, D. W. Maxon, William Murphy, Eu gene O'Connor, C. H. M. Peterson, J. Phillips, C. Pole, Jerome B. Potter, Henry Reed, Henry 0. Rankel, John Ruttledge, John Scheffel, Geo. B. Smith, Joseph Winslow — 29. Not Voting — Messrs. George Abert, P. J. Conklin, J. L. Fobes, John Gillespie, Daniel Hooper, A. G. Kellam, Henry Roethe, Parian Semple, Randall Wilcox 9 XLVIII. STATISTICAL TABLES. PRESIDENTIAL ELECTION RETURNS-NATIONAL DEBT STATEMENT. ?Electoral and. Popular Votes for President of the United Statest for the Term Commencing March 4, 1869. States. JFor President of the United States. tc'K a . to fe o o s- w Popular Vote. a. ¦° '? = ¦£, .-6 v-12 4 66 33 '7 ,,26 ', 3 -.7 5 - 4 i 3 "-, 3 '- 5 New Hampshire.. Massachusetts Rhode Island Connecticut Vermont New York =New Jersey (.Pennsylvania 1 Delaware Maryland Virginia! North Carolina South Carolina Kentucky Tennessee Ohio Louisiana Indiana Mississippi!] Illinois Alabama .Maine Missouri Arkansas Michigan Florida^ Texas|| Wisconsin Iowa California Minnesota. Oregon Kansas West Virginia Nevada Nebraska Excluding Georgia.. Georgia Including Georgia.. 38,191 136,477 12,99360,641 44,167 419,883 80,121 342,280 7,623 30,438 31,22459,408 6,648 47,600 12,045 429,883 83,001 313,382 10,980 62,357 13 96,226 62,301 39,56656,757 280,128 33,263 176,552 84,090 45,237 115,889 26,311 238,700 80,225 166,980 250,293 70,36670,426 85,67122,152 128,550 199,143 72.086 42,306 59.7S819,07897,069 108,857120.390 54,59243,54210,96131,04929,025 6,4809,729 84,71074,04054,07828,07211,12514,01920,306 5,2185,439 2,955,099 57,134 2,600,427 102.822 80 2,703,249 0,907 77,009 0,445 3,041 32,122 §10,000 §2.880 28,898 §3,357 §31,919 12,13617,064 §70,323 30,44041,428 §40.901' 61,150 4,280 28.OS025,»-:i 3,074 31,481 2-1,147 40.359 51-1 15.470 §1C4 17,C3l) s,7r.i1,262 4,290 355,272 £15,688 309,581 -:• "The whole number of electors to vote for President and Vice President, including electorb of Georgia, is 294, iOf which a majority is 148 ; and the whole number, excluding those of Georgia, is 285, of which a majority is 143, 'i V'fPor presidential election returns of 1860 and 1864 see p. Ill Political Manual for 1868, or p. 372 Hand-Book oi ¦L {For Vice President, Schuyler Colfax, of Indiana, received 214electoral votes; and F. P. Blair, Jr., of Missouri, 71 votes, excluding the vote of Georgia, or 80 including it. s SPemoeratic majorities. i » • lNo vote- 1 IfcdfBy legislature. I SUth.-: STATEMENT OF THE PUBLIC DEBT OF THE UNITES STATES.-JTJLT 1, 1869. Debt bearing Com Interest. en oo Authorizing Acts. Jane 14, 1858 Jane 22,1860 February 8, 1861.. March 2, 1861 July 17 and August 6, 1861. February 25, 1862... March 3, 1863 March 3, 1864 March 3, 1864 Jane 30, 1864. March 3, 1865 March 3, 1865 March 3, 1865 March 3, 1865 .... Character of Issue. Bonds Bonds Bonds, 1881 Bonds, ( Oregon war,) 1881. Bonds, 1881 Bonds,Bonds,Bonds,Bonds, Bonds,Bonds, Bonds,Bonds,Bonds, (5-20's) .. 1881 (10-40's).. (6-20's)...(5-20's)... (5-20'S)...(5-28's)... .(5-20's)... (5-20's)... Bate of Interest. 5 per cent.. 5 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 5 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 6 per cent.. 6 per cent- Aggregate of debt bearing coin interest . , Amount out standing. $20,000,000 00 7,022,000 00 18,415,000 00 945,000 00 189,317,500 00 514,771,600 00 75,000,000 00 194,667i300 00 3,882,600 00 125,561,300 00 203,327,250 00 .332,998,950 00 ;379,582,850 00 42,539,350 00 2,107,930,600 00 When Redeemable or Payable. Aocrued Interest. Payable after 15 years from January 1, 1859.. Payable after 10 years from January 1, 1861.. Payable after December 31, 1880 Redeemable 20 years from July 1, 1861 Payable at pleasure of' Government after 20 years from June 30, 1861. Redeemable after 5 and payable 20 years from May 1, 1862..... Payable after June 30,1881 Redeemable after 10 and payable 4Q years from March 1, 1864.. Redeemable after 5 and payable 20 years from Nov- 1, 1864 Redeemable after 5 and payable 20 years from Noy. 1, 1864 Redeemable after 5 and payable 20 years from Nov. 1, 1865 Redeemable after 5 and payable 20 years from July 1, 1865 Redeemable after 5 and payable ,20 years from July 1, 1867.... Redeemable after 6 and payable 20 years from Julyl, 1868.... Coupons-payable May 1, 1869, not presented for payment. Less amount paid in advance.. 8500,000 00 175,550 00 652,450 00 28,350 00 5,679,525 00 ,6,147,716 00 2,250,000 00 3,242,788 S3 38,825 00 1,255,613 00 2,033,272 60 9,989,968 50 11,387,455 50 1,276,210 50 When Payable. 43,557,724 33 2,938,388 00 46,496,112 33 1,122,182 00 45,373,930 33 January and July. January and July. January and July. January and July. January and July. May and November. January and July. March and September. May and November. May and November. May and November. January and July. January and July. January and July. o a Debt bearing Interest itf, Lawful Money. March 2, 1867, and July 2, 1868. July 23, 1868 Certificates Navy Pens'n Fund 3 per cent.. 3j?er cent.. Aggregate of debt bearing interest in lawful money. $52,120,000 00 14,000,000 00 06,120,000 00 On demand,, (interest estimated for 9 months).... Interest only applicable-to payment of pensions. $1,172,700 00 210,000 00 Ann'ally or on redemp tion of certificate. January and July. STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, I860.— Continued. Debt on which Interest has ceased since maturity. Authorizing Acts. Character of Issue. April 15, 1842 January 28, 1847 March 31, l«48r...... Beptember 9, 1850... Prior to 1857 December 23, 1857.. March 2, 1861 July 17, 1867. March 3, 1863.. March 3; 1863 March 3, 1863, and June 30, 1861. June 30,1864. June 30, 1864, and March 3, 1865. Bonds Bonds Bonds Bonds, (Tex. ind.) Treasury notes.... Treasury notes:.... Treasury notes.... Treasury notes, (3 years.) Treasury notes, (1 and 2 years.) Certificates of ind. Comp. int. notes. Temporary loan... Treasury notes, (3 yeais.) Rate of Interest. 6 per cfenti. ...-..,'.'. 6' per cbnti.i 6 per cent 5 per cent 1 mill to 6 per ct. 5 to 5J^ per ct.... 6 per cent 7 3-10 per cent... 6 per cent.. 6 per cent.. 6 per cent.. 4, 6, and 6 per ct. 7 3-10 per cent- Aggregate of debt on which interest has ceased since maturity. Amount out- Standing. $6,000' 00' 26,180 00 69,860 00 242,000 00 104,511 64 2,400= 001 3,300 00 34,900 00 338,652 00 12,000 00 2;871,41'0 00 186,310 00 1,166,500 00 5,063,883 64 When Redeemable or Payable. AccruebTTnterest. Matured Dedember 31, 1862 Matured December 31, 1867. Matured July 1, 1868, (9 months' interest). Matured December 31, 1864 Matured at various dates Matured March 1, 1859-1...... Matured April and May, 1863 Matured August 19 and October 1, 1864 Matured from January 7 to April 1, 1866.... Matured at various dates ih 1866 Matured June 10, 1867, and May 15, 18B8..... Matured October 16, 1866 Matured August 16, 1867, and June 16, 1868 $360 00 1,669 00 3,143 25 12,100 00 3,135 35 120 00 198 00 2,547 70 16,92? 80 720 00 667,053 08 7,851 98 85,164 60 690,6SO 46 TO>H HOw t-l Debt bearing no Interest. July 17, 1861 ¦> February 12, 1862. J February 25, 1862. 1 July 11, 1862 j- March 3,1863 J July 17,1862 March 3, 1863 1 June 30, 1864 J March 3, 1863 Demand notes.. U. S. legal-ten. nts. Postal currency- Fractional cur'ey. Cert, for gold dep. No interest No interest. Aggregate cf debt bearing no interest. o STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, 1869,-Contiimed. Oto Recapitulation. Debt bearing interest in coin, viz: Bonds at 6 per cent., issued before March 3, 1864 Bonds at 5 per cent., (10-40's,) issued under act of March 3, 1864.. Bonds of 1881, at 6 per cent 6-20 Bonds, at 6 per cent Debt bearing interest in lawful money, viz: Certificates, 3 per cent, interest. Navy pension fund, 3 per cent interest . Debt bearing no interest viz : Demand and legal-tender notes Postal and fractional currency Certificates of sold deposited.. Debt on which interest has ceased since maturity Total debt— Principal outstanding Interest accrued, $48,569,493 79, less am't of interest paid in advance, $1,122,182... Total debt— Principal and interest $27,022,000 00 194,567,300 00 283,677,600 00 1,602,663,800 00 62,120,000 00 14,000,000 00 856,056,832 00 32,062,027 73 30,489,640 00 Amount outstanding. $2,107,930,600 00 66,120,000 00 418,608,499 73 5,063,883 64 2,697,722,983 37 Interest. 46,373,930 33 1,382,700 00 690,680 46 47,447,310 79 Amount in Treasury— Coin, belonging to Government , , jjg 713 072 62 Coin, for which certificates of deposit are outstanding 30 489 640 00 Currency 87,097^818 89 Sinking fund, in bonds bearing coin interest and accrued interest thereon 8,867 282 07 Amount of public debt, less cash and sinking fund in Treasury Amount of public debt, less cash and sinking fund in Treasury, on the 1st ultimo.. Decrease of public debt during the past month Decrease since March 1, 1869 .' $2,646,170,294 IS 156,167,813 68 2,489,002,480 58 2,605,412,613 12 16,410,132 64 36,460,779 43 ?aot-i l>K o a> STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, 1869— Continued. Bonds issued to the Union Pacific Railroad Company and Branches, Interest Payable in Lawful Money. Authorizing Acts. Character of Issue. Rate of Interest. Amount out standing. When Redeemable or Payable. Interest Payable. In terest Accrued and not yet paid. Interest paid by United States. Interest repaid by transportat'n of mails, Ac. Balance of inter est paid by United States. Jnly 1, 1862, and July 2, 1861. July 1, 1862, and July 2, 1861. Jnly 1, 1862, and July 2, 1861. July 1, 1862, and July 2, 1864. July 1, 1862, and July 2, 1864. July 1, 1862, and July 2, 1864. Bonde, (Union Pacific Co.) Bonds, (Union Pacific, Eastern Division.) Bonds, (Sioux City and Pacific.) Bonds, (Central Paci fic.) Bonds, (Central Bra'ch Union Pacific, as signees of Atchison and Pike's Peak.) Bonds, (Western Paci fic.) 6 per cent 6 per cent 6 per cent 6 per ct} 6 per cent 6 per cent $25,998,000 00 6,303,000 00 1,628,320 00 2,362,000 00 20,427,000 00 1,600,000 00 320,000 00 Payable 30 years from date. Payable 30 years from date. Payable 30 years from date. 1 Payable 30 years f / from date. 1 Payable 30 years from date. Payable 30 years from date. January 1 and July 1. January 1 and Julyl. Jan. 1 & July 1 Jan. 16 & July 16 Jan. 1 & July 1 January 1 and July 1. January 1 and July 1. $768,104 37 189,090 00 13,161 93 64,065 66 643,064 49 48,000 00 9,600 00 $1,313,765 62 645,723 09 62,963 76 617,956 83 684,829 76 167,808 26 37,006 03 $906,146 11 646,669 10 16 27 \ 72,666 99 3,490 79 $407,319 41 99,153 99 52,947 19 1,030,119 60 161,317 17 37,006 03 68,638,320 00 1,666,469 44 3,810,063 26 1,529,189 26 1,780,863 99 3 g T Owdat- oCO XJL.IX.. MISCEIiiAKEOOS MATTERS. Letter from General Sherman. THE SUB.RENDEB OP (JUMBAL JOS. E. JOBNSTOS. To the editor of the Tribune. Sik: In you* issue of yesterday iB a notice tof Mr. Healy's picture, representing the -interview between Mr. Lincoln, General Grant, Admiral Porter, and myself, which repeats substantially the account published some -time ago in Wilkes' Spirit of the Times exiplanatory of that inter view, and attributing to Mr. Lincoln himself 4he paternity of tihe "terms to General Johnston's army at Durham, -in April, 1865.* I am glad you have called public attention to the picture itself, because I feel a.perso.nal inter est that Mr. Healy should be appreciated as one of our very best American artists. Sat some friends here think by silence I may be conshired as willing to throw off oin Mr. Lincoln the odium of those terms. If lihe-re be any odium, which I doubt, I surely would not be 'willing ithat the least show of it should go to Mr. Lincoln's mem ory, which I hold in too much veneration to be stained by anything done or said by me. I un derstand that tlhesubstaince of Mr. Wilkes's orig inal article was compiled by him ajftera ffailrOad conversation with Admiral Porter, who was pres ent at that interview, »6 represented in the pic ture, and who made-aqaote of the conversion immediately after we separated. He would Ibe more likely to have .preserved the exact words used on the occasion than I, who made no notes, then or since. I canDot now even pretend to-re- call more than the subjects touched upon by the several parties, and the impression left on rhy mind after we parted. The interview "was in March, nearly a motath before the final catastro phe, and it was my pa-rt of the plan -of opera tions to move my army, reinforced by Schofield, then at Goldsboro', North Carolina, to Burkes- ville, Virginia, when Lee would have been forced to surrender in Richmond. The true move left to him was a hasty abandonment-of Richmond, join his force to Johnston's, and strike me in the open country. The only question was, coul^ I, sustain this joint attack till Senegal Grant came up in pursuit? I was Confident I could; but at the very moment of our conversation General Grant was moving General Sheridan's heavy. force of cavalry to his extreme left to prevent! this very contingency. Mr. Linooln, in hearing us speak of a final bloody 1>attle, which I then thought would faill on me near Raleigh, did ex claim, more than once, that blood enough had already been shed, and he hoped that the war would end without any more. We ispoke of what was to be done -with Davis, other party * For these terms, see Political Manual for 1866, and the Hand-Book of Poliftcsfor 1868, p. 121. leaders, alnd the rebel army; and he left me un der the impression that ail he asked of us was to dissipate these armies, and get the soldiers back to their homes anyhow, the quicker the better, leaving him free to apply the remedy and tihe restoration of civil law. He (Mr. Lincoln) surely left upon my mind the impression, war ranted by Admiral's Porter's account, that he had long thought of his course of action when the rebel armies were out of his way, and that ke wanted to get civil governments reorganized at the South, -the qiuicker the better, and strictly conforming with our general system. I had been absent so long that I presumed, of course, that Congress had enacted all the laws necessary to meet the event of peace so long ex pected, and the near approach of which must then have been seen -by the most obtuse, and- all I aimed to do was to remit the rebel army surrendering to me to the conditions of the laws of the country as they then existed. At the time of Johnston's surrender at Burham, I drew nip the terms with my own hand. Breckinridge bad nothing, alt all to do with them more than to discuss their effect, -and he knew they only' applied to tbe military, and he forthwith pro ceeded to make his escape from the country; a course tbat I believe -Mr. Lincoln wished that Mr. Davis should have succeeded in effecting, as well as alj the other leading southern politicians? against whom public indignation always turned vvith a feelings far more intense than againsVi Qenerals Lee, Johnston, and other purely mili- •"; • tary men. I repeat, tbaft, according to my memory, Mr. Lincoln aid not expressly name any specific terttra oi surrender, but he was in that kindly! and gentle frame of mind that Would have in- " duced bim to approve fully what I did, except-' ing, probably, be would have interlined some modifications, such as recognizing his several proclamations antecedent, as weH as the laws of Congress, which would -have been [perfectly right and acceptable to me Bind to all parties. I dislike to 'open this or any other old ques- - tion, and do it for the reason stated, viz, lest I be construed as throwing off on Mr. Lincoln what his friends think should be properly borne' ' by me alone. •' If in the original terms I had, as I certainly meant, included the proclamations of the Presi dent, tihey would have covered the slavery ques-'^ tion aiid all the real State questions which. -' caused the war: atnd had not Mr. Lincoln been assassinated at that very moment, I believe those - "terms" would have taken the usual coureeof approval, modification, or absolute disapproval, and been returned to me, like hundreds of other official adts, Without the newspaper clamor and 504 MISCELLANEOUS MATTERS. 505 oapleasant controversies so unkindly and un pleasantly thrust upon me at the time. I am, truly, yours, W. T. Sherman, General. Washington, D. C, April 11, 1859. •President Grant's Proclamation for the Election in Mississippi, issued Jnly 13, 1869. jn pursuance of the provisions. of the act of Congress approved April 10, 1869, I hereby designate Tuesday, the 30th day of November, as the time for submitting the constitution adopted on the 15th day of May, 1868, by the poiivention which met in Jackson, Mississippi, jtp the voters of said State registered at the date pi; such submission, viz, November 30, 1869. ... And I submit to a separate vote that part of section 3 of article VII of said constitution, iyhich is in the -following words : "That I am not disfranchised in any of the provisions of the act known aB the reconstruc tion acts of the 39th and 40th 'Congresses, and that I admit the political and civil equality of all men; so -help me God: Provided, That -if fipngress shall at any time remove the disabili ties of any person disfranchised in the said re construction acts of the said 39th and 40th Congresses, (and the legislature of this State Bhall concur therein,) then so much of this oath, and so much only, as refers to the said recon struction acts, shall not be required of such per son so pardoned to entitle him to be registered." , And I further submit to a separate vote sec tion 5 of the same article of said constitution , which -is in the following words: "No person ShaU be eligible to any office of profit or trust, civil or military, in this State, who, as a member of the legislature, voted for the call of the con- Mention that passed the ordinance of secession, or who, as a delegate to any convention, voted for or signed any ordinance of secession, or wbo gave voluntary aid, -countenance, counsel, or ei$0uragement to persons engaged iu armed hostility to the United States, or who accepted or. attempted to exercise the functions of any office, civil or military, under any authority or pretended government, authority, power, or constitution, within the United States, hostile or iftunical thereto, -except all persons who aided reconstruction by voting for this convention, or wljo have continuously advocated the assem bling of this convention, and shall continuously and in good faith advocate the acts of the same ;. but the legislature may remove such disability: Prgpided, That nothing in this section, except voting for or signing the ordinance of secession, shall, be so construed as to exclude from office the private soldier of the late so-called Confed erate States army." ¦And I further submit to a separate vote sec tion 5 of article XII of the said constitution, Which is in the following words: "The credit of the State shall not be pledged or loaned in aid of any person, association, or corporation ; nor shall the State hereafter become a stockholder l^any corporation or association." And.I. further submit to a separate vote part of. the oath of office prescribed in section 26 of •Received ton late for insertion in proper place with other proclamations. article XII of tlie said constitution, which iB:in the following words: '"That I have never, as a member of ;any convention, voted for or signed any ordinance of secession ; that I have never, as a member of any State legislature, voted for the call of any convention that passed any such ordinance ' The above oath shall also be taken by all the city and county officers before enter ing upon their duties, and by all other State officers not included in the above provision." I direct the vote to be taken upon each of the above cited provisions alone, and upon the other portions of the said constitution in the following manner, viz: Each voter favoring the ratification of the constitution, (excluding the provisions above quoted,) as adopted by the convention of May 15, 1868, shall express his judgment by voting TOR THE CONSTITUTION. EaCh voter favOring the rejection of the consti tution, (excluding the provisions above quoted,) shall express his judgment by voting AGAINST THE CONSTITUTION. Each voter will be allowed to cast a separate ballot for or against either Or both of the provis ions above quoted. It is understood that sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, of article XIII, under the head of " Ordinance," are considered as forming no part of the said constitution. Iu testimony whereof I have hereunto set my hand and caused the seal of the United States to be affiled. Done at the city of Washington this thirteenth day of July, in the year of our Lord one thousand eight hundred aud sixty - [SEAL.] nine, and of the independence of the United States of America the ninety- fourth. U. S. Grant. By the President: Hamilton Pish, Secretary of State. ?President Grant's Proclamation for the Election in Texas, issned July 15, 1869. In pursuance of the provisions of the act of CongresB approved April 10, 1869, I hereby design-ate Tueeday, the 30th day of November, 1869, as the time for submitting the constitution adopted by tbe convention which met in Austin, Texas, on the 15th day of June, to the voters of said State^registered at the date of 'such submis sion, viz: Idirect the 18TO > Mr- Johnston, A South Carolina — Thomas J. Robertson, Frederick A. Sawyer. Georgia. — Not represented. Alabama— -Willard Warner, George E. Spencer. Mississippi* — Hiram R. Revels, Adelbert Ames. Louisiana — John S. Harris, William P. Kellogg. Ohio — John Sherman, Allen G. Thurman. Kentucky — Thomas C. McCreery, Garrett Davis. Tennessee — Joseph S. Fowler, William G. Brown low. Indiana — Oliver P. Morton, Daniel D. Pratt. Illinois — Richard Yates, Lyman Trumbull. Missouri — Charles D. Drake, Carl Schurz. Arkansas — Alexander McDonald, Benjamin F. Rice. Michigan — Jacob M. Howard, Zachariah Chand ler. Florida — Thomas W. Osborn, Abijah Gilbert. Texas-f — Morgan C. Hamilton, James W. Flana gan. Iowa — James B. Howell, % James Harlan. Wisconsin — Timothy O. Howe, Matthew H. Car penter. California — Cornelius Cole, Eugene Casserly. Minnesota — Daniel S. Norton, § Alex'r Ramsey. . Oregon— George H. Williams, Henry W. Corbett. Kansas — Edmund G. Ross, Samuel C. Pomeroy. West Virginia — Waitman T. Willey, Arthur I. Boreman. Nevada — James W. Nye, William M. Stewart. Nebraska— John M. Thayer, Thomas W. Tipton. House of Representatives. James G. Blaine, of Maine, Speaker. Edward McPherson, of Pennsylvania, Clerk. Maine — John Lynch, Samuel P. Morrill, James G. Blaine, John A. Peters, Eugene Hale. New Hampshire — Jacob H. Ela, Aaron F. Ste vens, Jacob Benton. Vermont^- Charles W. Willard, Luke P. Poland, Worthington C. Smith. Massachusetts — James Buffinton, Oakes Ames, * Mr. Eevels qualified February 25, 1870 ; Mr. Ames, April 1, 1870. + Qualified March 31, 1870. i Qualified January 26, 1870, in place of James W Grimes, resigned. ' §DiedJulyH,1870. 508 POLITICAL MANUAL. Ginery Twichell, Samuel Hooper, Benjamin F. Butler, Nathaniel P. Banks, George M. Brooks* George F. Hoar, William B. Washburn, Henry L. Dawes. Rhode Island — Thomas A. Jenckes, Nathan F. Dixon. Connecticut — Julius L. Strong, Stephen W. Kel-, logg, Henry -H. Starkweather, William H. Barnum.'f New York— Henry A. Reeves, John G. Schu- maker, Henry W. Slocum, John Fox, John Morrissey, Samuel S. Cox,f Hervey C. Calkin,, James Brooks, Fernando Wood, Clarkson N. Potter, Charles H. Van Wyck.J John H. Ketcham, John A. Griswold, Stephen L. May ham, Adolphus H. Tanner, Orange Ferriss,1 William A. Wheeler, Stephen Sanford, Charles Knapp, 'Addison H. Laflia, Alexander Ha. Bailey, John C. Churchill, Dennis McCarthy,1 George W. Cowles, William H. Kelsey, Giles W. Hotchkiss, /Hamilton Ward, Noah DKvre.t John Fisher, David S. Bennett, Porter Shel don. 'New Jersey — William Moore, "Charles Haight, John T. Bird, John Hill, Orestes Cleveland. Pennsylvania^— Samuel J. Randall, Charles ;0'- 'Neill, Leonard Myers, William D. Kelley, Galeb N. Taylor, John D. Stiles, Washington Townsend, J. Lawrence Gefe, 'Oliver J. Dickey, Henry L.'Cake, Daniel M. Van Auken, George W. Woodward, Ulysses Mercur, John B. Packer, Richard J. Haldeman, John 'Cessna, Daniel J. Morrell, William H. Armstrong, Glenni W. Sco field, Calvin W. Gilfillan, John Covode, James S. Negley, Darwin Phelps, Joseph B. Donley. .Delaware— Benjamin T. .Biggs. Mdryland-^Samnel -Hamhleton.-Stevehson Arch er, Thomas Swann, Patrick Hamill, Frederick StOne. Virginia\\ — Richard S. Ayer, James H. Platt, jr., Charles H. Porter, George W. Booker, Robert -Ridgway, William Milnes, jr., Lewis MoKeir- zie, James K. Gibson. North CarolinaV-^Glkttoh L. Cobh, (vacancy,) Oliver H. Dockery, (vacancy,) Israel G. Lash, Francis E. Shober, Alexander H. Jones. South Car6lina**^( Vacancy, )C. 0 Bbweh, Solo mon L. Hoge, Alexander S. Wallace. &eorgia — Not Represented. ¦Aldbdmd^-\--Mr&8i E. Buck, -Charles W. Bubk-- ley, Robert S. Heflin, 'Charles Hays, Peter M. Dox, William C. Sherrod, Mississippi^— 'George E. Harris, J. L. Morphis, * Qualified December 6, 1869, in place of George -S. Boutwell. resigned. J Qualified December 6, 1869. Qualified February 17, 1870, ih place of George W. Greene, -unseated February 16— yeas 120, hays 59. J Mr. Covode qualified February 9, 1870. Mr. Taylor, April 13, 1870, in place of John B. Reading, unseated— veas ll2,'nays'4C. i| 'Messrs. Platt, Ridgway, Mimes, and Porter qualified January 27, 1870; Mr Gibson, January 28; Messrs. Ayer andMcKenzie, January 31 ; Mr. Booker, February 1. 't John T. Deweese resigned 'February 28, 1870. 'Mr Shober qualified April 13, ^870. David Heaton died June 25, 1870. ..** B. F. Whittemore resigned February 24, 1870: re elected, and, -June 21, refused admittance bya vote-of 130 to 24. Mr. Wallace qualified May 27, 1870. tt Messrs. Buck and Bar kley qualified pecember-6, 1869. MeBsrs. Dox, Hays.-Sherrod, and Heflin, Decem ber 7. H Messrs. Harris, Morphis, McKee, and Perce, quali fied February 23, 1870. Mr. Barry, April 8. Henry W. Barry, George C. McKee, Legrand W. Perce. Louisiana* — (Vacancy,) Lionel A. Sheldon, 0. B. Darrall, Joseph P. Newsham (vacancy.) Ohio — Petor W. Strader, Job E. Stevenson, Ro bert C. Schenck, William Lawrence, William Mungen, John A. Smith, James J. Winans, ! John Beatty, Edwai?d F. Didkinson, Erasmus ' 4>. fesck.t John T. 'Wilson, Philadelph Van Trump, George W. Morgan, Martin Welker, Eliakim H. Moore, John A. Bingham, Jacob A. Ambler, William H. Upson, James A. Gar field. Kentucky — Lawrence S. Trimble, William N. Sweeney Joseph H. Lewis, J J. Proctor Knott, Boyd Winchester, Thomas L. Jones, James B. Beck, George M. Adams, John M. Rice. Tennessee — ^Roderick R. Bu*l$\jHora'ee Maynard, William B. Stokes, Lewi's Tillman, William F. Prosser, Samuel M. Arnell, Isaac R. Hawkins,-' Waiiamir,.'Smi:th.. Indiana — William E. Niblack, Michael C. Kerr,' William. S. Holman, George W. Julian, John, Cobarh, Daniel W. V'oorhees.Godrove S. Orth, James N. Tyner, John P. C. Shanks, William Williams, -Jasper Packard. Illinois — Norman B. Judd, John F. Farnsworth, Horatio C. Btircba'fd,§ John B. Hawley, Ebon C. Ingersoll, Burton 'G. "Cook, Jesse H. Motfre, Shelby M. Cullom, 'Thompson W. Mc Neely, Albert *G. Burr, Samuel S. Marshall, John B. Hay, John M. Crebs, John A. Ldgan. JRssottrv^-Erals'tTis Wells, 'Gustavus A. FinkeTh-- burg, James R. McCOrmi'ck, Seinpronius H. Boyd, Samuel S. Burdett, Robert T. Van Horn, Joel F. Asper, John F. 'Benjamin, David t. Dyer. Arkansas — Logan H. Roots, Anthony A. C. Rog ers, Thomas Boles. Michigan — Fernando C. Beaman, WiUiam L., Stoughton, Austin Rlair, Thomas W. Ferry,1 Omar D. Conger, Randolph Strickland. Florida**£®harlbs M. Hamilton. Texc*\lr-^®. W. Whitmore, John C. Conner, W. T. Glairk, Edward Doge-net1. Iowa— George W. McOrary, William Smyth, William B. Allison, William LoughriSgej Frank W. Palmer, Charles Pomeroy. Wisconsin-^-TLstlbeit E. Paine, Davit Atwood/ft Amasa Cobb, Charles A. Eldridge, PhilefciS Sawyer, Cadwalader C. Washburn. California — Samuel B. Axtell, Aaron A. Sargent, James A. Johnson. Minnesota — Morton S. Wilkinson, Eugene M. Wilson. Oregon^- Joseph ¦¦ S. Smith. Kansas — Sidney Clarke. West Fir^iniaFJ-Isaac H. Dtivsl, James C. ifo>. -Grew, John S. Witober. Nevada — Thomas Fitch. Nebraska — John Taffe. * Mr. Newsham admitted May 21, 1870— yeas 79, nays 71; xjualified May 28. Mr. Darrall admitted July 6, 1870-^-yeas96,nays77; qualified same day. t Qualified April 23, 1870, in place of Truman H. Hoa*, deceased. JMr. Golladay resigned February 28, 1870. Mr. Lewis qualified as his successor May 10, 1870. ? Qualified ' December 6, 1869, in place of E; B. "Washburne, resigned. I Qualified Marsh 31, 1870. ^Qualified February 23, 1870, in place of Benjamin F. Hopkins, deceased. LI. JUDICIAL DECISIONS. SUPREME COURT OF THE UNITED STATES. On the Validity of Contracts in Confederate Honey. December Tekm, 1868. Thorington "1 Appeai from the district court for the Smith I middle district of Alabama. The Chief Justice delivered thp opinion of the court. fhe. questions before us upon this appeal, are these: (1.) Can a. contract for the payment of Con federate notes, made duringthe late rebellion, Between parties., residing within the- so-called, Confederate States,, be enforced at all in, the courts, of the United. States? (2.) Can evidence, be received to prove, that a promise expressed to be for the- payment of dolr Iks, was, in, fact, made- for the payment of any other than lawful. dollars, of the United States? (3.) Does the evidence in the record establish thg,fect that the note for the thousand dollar^ was to.be paid, by. agreement of the parties, in Confederate notes? The first question ia by no means^ free from (Jificulty. It cannot be qu.estion.ed that the. Con federate notes, were, issned in furtherance of an unlawful attempt to overthrow the Government of the United States, by insurrectionary force, ttor is it a doubtful principle of law that no con tracts made in aid of such, an attempt can be. enforced through the. courts, of tbe country, whose; government is, this assailed. But was the con tact of the parties to this suit. a, contract, of that character? Can it be fairly described as a con tract in aid of the rebellion? In examining this question, the state of that part, of the country in, which it was made must pe considered. It is. familiar history, that early iii.l86.i the authorities. of seven States, supported. a& was alleged, by popular majorities, combined for the overthrow of. the national Union, and for the. establishment within its. boundaries, of a sepa-. rate and independent confederation. A govern mental organization, representing these States, waa established at; Montgomery, in Alabama, fesij.under a provisional constitution and after wards under a, constitution intended to be per manent. In t(he course of a few, months four Cther States acceded to: this confederation, and the seat of the central authority was transferred to. Richmond, in Virginia- It was by the cen tral authority thus organized, and under its direction, that civil war was carried on upon a vast, scale against the Government of the United States for more than, four years. Its power was recognized as supreme in ruearly the whole of the territory of the. States, con|eJeratei ill insurrec-> tion. It was the actual government of all the. insurgent States, except those portions of them protected from its control by the presence of the armed forces of the national Government. What was the precise character of this govern ment in, contemplation of law,? It is difficult to define it with exactness. Any, definition that may be given may not improba bly be found, to require limitation and qualifiear tion. But the general principles of law relating to de facto government will, we think, conduct us to a conclusion sufficiently accurate. There are, several degrees of what is called die facto, government. Such, a government, in its, highest degree, as sumes a character very closely resembling that. of a lawful government. This is when the usurp ing government expels the regular authorities from their customary seats and functions, .and. establishes itself' in their place, and so becomes^ the actual government of a country. The dis tinguishing characteristic of such a government is, that adherents to it in war against the gov ernment de jure do not incur the, penalties of treason, and, under certain limitations, obliga tions assumed by it in behalf of the country, or otherwise, will, in general, be respected by the. government dejure when restored. Examples of this description of government de facto are found in English history. The stat ute 11 Henry VII, c. 1*, relieves from penalties. for treason allpersons who, in defense of the king, for the time being, wage war against those whp endeavor to subvert his authority by force of arms, though warranted in so doing by the law ful mona.rch.f But this is where the usurper obtains actual, possession of the royal authority of' the kingdom, not when he has succeeded only, in establishing his power over particular locali ties. Being in possession, allegiance is due to him as king de facto. Another example may be found in the gov ernment of England under the Commonwealth, first by Parliament, and afterwards by Cromwell as protector. It was not, in the contemplation; of law, a government de jure, but it was a gov ernment ae facto in the most absolute sense. It incurred obligations and made conquests which. remained the obligations and conquests of Eng-. land after the restoration. The better opinion doubtless is, that acts done in obedience to this government could not be justly regarded as trea sonable, though in hostility to' the king de jure. Such acts were protected from criminal prosecu tion by the spirit, if not by the letter, of the statute, of Henry VII- It was held otherwise by the judges by whom Sir Henry Vane was * 2 British Stats, at Large, 82, 1 1. Commentaries, 77 509 510 POLITICAL MANUAL. tried for treason,* in the year following the res toration. But such a judgment, in such a time, has little authority. ' It is very certain that the Confederate govern ment was never acknowledged by the United States as a de facto government in this sense, nor was it acknowledged as such by other pow ers. No treaty was made by it with any civil ized State. No obligations of a national character were created by it, binding after its dissolution on the States which it represented, or on the national Government. From a very early period of the civil war to its close it was regarded as simply the military representative of the insur rection against the authority of the United States. But there is another description of government called also by publicists a government de facto, but which might perhaps be more aptly denomi nated a, government of paramount force. Its distinguishing characteristics are (1) that its ex istence is maintained by active military power within the territories and against the rightful authority of an established and lawful govern ment; and (2) that while it exists it must ne cessarily be obeyed in civil matters by private citizens, who, by acts of obedience, rendered in submission to such force, do not become respon sible as wrong-doers for those acts, though not warranted by the laws of the rightful govern ment. Actual governments of this sort are es tablished over districts differing greatly in extent • and conditions. They are usually administered directly by military authority, but they may be administered also by civil authority, supported more or less directly by military force. One example of this sort of government is found in the case of Castine, in Maine, reduced to British possession during the war of 1812. From the 1st of September, 1814, to the ratifica tion of the treaty of peace in 1815, according to the judgment of this court in United States vs. Rice.f "the British government exercised all civil and military authority over the place." " The authority of the United States over the* territory was suspended, and the laws of the United States could no longer be rightfully en forced there, or be obligatory upon the inhabitants who remained and submitted to the conqueror. By the surrender the inhabitants passed under a temporary allegiance to the British government, and were bound by such laws, and such only, as it chose to recognize and impose." It is not to be inferred from this that the obligations of the people of Castine, as citizens of the United States, were abrogated. They were suspended merely by the presence, and only during the presence, of the paramount force. A like example is found in the case of Tampico, occupied during the war with Mexico by the troops of the United States. It was determined by this court, in Fleming vs Page, X that, although Tampico did not become a part of the United States in consequence of that occupation, still, having come, together with the whole State of Tamauhpas, of which it was part, into the exclusive possession of the national forces, it must be regarded and respected by other nations as the territory of the United • « State Trials, 119. f* Wheaton, 253. 1 9 Howard, 614. States. These were cases of temporary possession of territory by lawful and regular governments at war with the country of which the territory so possessed was part. The central government established for the insurgent States differed from the temporary governments at Castine and Tampico, in the cir cumstance that its authority did not originate in lawful acts of regular war, but it was not on that account less actual or less supreme. And we think that it must be classed among the gov ernments of which these are examples. It is to be observed, that the rights and obligations: of a belligerent were conceded to it in its military character very soon after the war began, from motives of humanity and expediency, by the United States. The whole territory controlled by it was thereafter held to be enemies' territory, and the inhabitants of that territory were held' in most respects, for enemies. To the extent, then, of actual supremacy, however unlawfully gained, in all matters of government within its military lines, the power of the insurgent gov ernment cannot be questioned. That supremacy did not justify acts of hostility to the United States. How far it should excuse them must be left to the lawful government upon the reestab- listoient of its authority. But it made obedience to its authority, in civil and local matters, not only a necessity, but a duty. Without such obe dience, civil order was impossible. It was by this government exercising its power throughout an immense territory that the Con federate notes were issued early in the war, and these notes in a short time became almost ex clusively the currency of the insurgent States. As contracts in themselves, except in the contin gency of successful revolution, these notes were nullities ; for, except in that event, there could be no payer. They bore, indeed, thiB character upon their face, for they were made payable only "after the ratification of a treaty ofpeace between the Confederate States and the United States of America." While the war lasted, how ever, they had a certain contingent value, and were used as money in nearly all the business transactions of many millions of people. They must be regarded, therefore, as a currency im posed on the community by irresistible force. It seems to follow as a necessary consequence from this actual supremacy of the insurgent government, as a belligerent, within the territory where it circulated, and from the necessity of civil obedience on the part of all who remained in it, that this currency must be considered in courts of law in the same light as if it had been issued by a foreign government temporarily occupying a part of the territory of the United States. Contracts stipulating for payments in this currency cannot be regarded for that reason only as made in aid of the foreign invasion in the one case, or of the domestic insurrection in the other. They have no necessary relations to the hostile government, whether invading or insurgent. They are transactions in the ordinary course of civil society, and, though they may indirectly and remotely promote the ends of the unlawful government; are without blame, except when proved to have been entered into with actual intent to further invasion or insurrection. JUDICIAL DECISIONS, ETC. 511 We cannot doubt that such contracts should be ^enforced- in the" courts of the United States, after the restoration of peace, to the extent of their just obligation. The first question, therefore, must receive an affirmative answer. The second question, whether evidence can be received to prove that a promise made in one of the insurgent States, and expressed to be for the payment of dollars, without qualifying words, was in fact made for the payment of any other than lawful dollars of the »United States? is next to be considered. It is quite clear that a contract to pay dollars, made between citizens of any State of the Union, while maintaining its constitutional relations with the national Government, is a contract to pay lawful money of the United States, and can not be modified or explained by parol evidence. But it is equally clear, if in any other country coins or notes denominated dollars should be authorized of different value from the coins or notes which are current here under that name, that, in a suit upon a contract to pay dollars, made in that country, evidence would be admitted to prove what kind of dollars were intended, and, if it should turn out that foreign dollars were meant, to prove their equivalent value in lawful money of the United States. Such evidence does not modify or alter the contract. It simply ex plains an ambiguity, which, under the general rules of evidence, may be removed by parol evi dence. We have already seen that the people of the insurgent States, under the Confederate govern ment, were, in legal contemplation, substantially in the same condition as inhabitants of districts of a country occupied and controlled by an in vading belligerent. The rules which would ap- ;ply in the former case would apply in the latter; and as in the former case the people must be regarded as subjects of a foreign power, and con tracts among them be interpreted and enforced with reference to the conditions imposed by the -conquerer, so in the latter case the inhabitants must be regarded as under the authority of the insurgent belligerent power actually established as the government of the country, and contracts made with them must be interpreted and enforced with reference to the condition of things created by the acts of the governing power. It is said, indeed, that under the insurgent government the word dollar had the same mean mg as under the Government of the United States that the Confederate notes were never made a legal tender, and, therefore, that no evidence can be received to show any other meaning of the word when used in a contract. But it must be remembered that the whole •condition of things in the insurgent States was matter of fact, rather than matter of law, and, as matter of fact, these notes, payable at a future and contingent day, which has not arrived and can never arrive, were forced into circulation as dollars, if not directly by the legislation, yet indirectly and quite as effectually by the acts of the insurgent government. Considered in them- . selves, and in the light of subsequent events, -these notes had no real value, but they were made current as dollars by irresistible force. They were the only measure of value which the people had, and their use was a matter of almost absolute necessity ; and this use gave them a sort of value, insignificant and precarious enough it is true, but always having a sufficiently definite relation to gold and silver, the universal meas ures of value, so that it was always easy to ascer tain how much gold and silver was the real equivalent of a sum expressed in this currency, In the light of these facts it seems hardly less than absurd to say that these dollars must be regarded as identical in kind and value with the dollars which constitute the money of the United States. We cannot shut our eyes to the fact that they were essentially different in both respects ; and. it seems to ns that no rule of evidence prop erly understood requires us to refuse, under the circumstances, to admit proof of the sense in which the word dollar is used in the contract before us. Our answer to the second question is, therefore, also in the affirmative. We are clearly of opinion that such evidence must be received in respect to such contracts, in order that justice may be done between the parties, and that the Sarty entitled to be paid in these Confederate ollars can recover their actual value at the time and place of the contract in lawful money of the United States. We do not think it necessary to go into a de tailed examination of the evidence in the record in order to vindicate our answer to the third question. It is enough to say that it has left no doubt in our minds that the note for $10,000, to enforce payment of which suit was brought in the circuit court, was to be paid, by agreement of the parties, in Confederate notes. It follows that the decree of the circuit court must be reversed, and the cause remanded, for further hearing and decree, in conformity with this opinion. On the Constitutionality of Legal-Tender Clause as relates to Contracts made prior to its adop tion. In error to the court of appeals of the State qf Kentucky. December Teem, 1869. Susan P. Hepburn and Henry" H^ P. Hepburn, pl'ifs in error, vs. Henry A. Griswold. (1.) Construed by the plain import of their terms and the manifest intent of the legislature, the statutes of 1862 and 1863, which make United States notes a legal tender in payment of debts, public and private, apply to debts contracted before as well as to debts contracted after enact ment. (2.) The cases of Lane County vs. Oregon, Bronson vs. RodeB, and Butler vs. Horwitz, in which it was held that, upon a sound construc tion of those statutes, neither taxes imposed by State legislation nor dues upon contracts for the payment or delivery of coin or bullion are in cluded by legislative intent under the descrip tion of debts, public and private, are approved and reaflirmed. l (3.) When a case arises for judicial determina tion, and the decision depends on the alleged in consistency of a legislative provision with the Constitution, it is the plain duty of the Supremo Court to compare the act with the fundamental 512 POLITICAL MANUAL. law, and if the former cannot, upon a fair con struction, be reconciled: with the latter, to give effect to the Constitution rather than the statute. (3 J. ) There is in the Constitution no express grant of legislative power to make any descrip tion of credit currency a legal tender in payment of debts. (4.) The words " all laws necessary and proper for carrying into execution " powers expressly granted sr vested have in the Constitution a sense equivalent to that of the words : laws, not absolutely necessary indeed, but appropriate, plainly adapted to constitutional and legitimate ends, which are not prohibited, but consistent with the letter and spirit of the Constitution ; laws really calculated to effect objects intrusted to the Government. (5.) Among means appropriate, plainly adapt ed, not inconsistent with the spirit of the Consti tution, nor prohibited by its terms, the legislature has unrestricted choice; but no power can be derived by implication, from any express power to enact, laws as means for carrying it into exe cution unless such laws come within this descrip tion. (6.) The making of' notes or bills of credit a legal tender in payment of pre-existing debts is not a means appropriate, plainly adapted, or really calculated to carry into effect any express power vested in Congress, is, inconsistent with the spirit of the Constitution, and is prohibited by the- Constitution. (7.) The clause in the acts of 1862 and 1863 which makes United States notes a legal tender in payment of all debts,, public and private, is, so far as it applies to debts contracted before the passage of those acts,, unwarranted by the Con stitution. (8.) Prior to the 25th of February, 1862, all contracts for the payment of m»ney, not expressly stipulating otherwise, were, in legal effect and universal understanding, contracts for the pay^ ment of coin, and; under the Constitution, the parties to such contracts are respectively entitled to demand and bound to pay the sums due, ac cording to their terms, in coin, notwithstanding the clause in that act, and the. subsequent acts of like tenor, which make United States notes a legal tender in payment of such, deists. Mr. Chief Justice Chase delivered the opinion of:the court. The question presented' for our determination by the record in this case is, whether or not the payee or assignee of a note, made before the 25th of February, 1862, is obliged by law to accept in payment United States notes, equal in nominal amount to the sum due according to its terms, when tendered" by the, maker or other party bound to pay it. _ And this requires, in the first place, a construc tion of that clause of the first section of the act of Congress passed on that day which declares the United States notes,, the. issue of which was authorized by the statute, to be a legal tender in payment of debts. The entire clause is in these words: "And such nptes, herein authorised ', shall be receivable in payment of all taxse, internal duties, excises, qebts, and demand* of every kind due to the United States, except duties on unportB, 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 pri vate, within the United States, except duties on imports and interest as aforesaid." * This clause has already received much consid eration here, and this court has held that, upon a sound construction, neither taxes' imposed by State legislation, f- nor demands upon contracts which stipulate in terms for the payment or de livery of coin or bullion, % are included by legisr lative intention under the description of delta public and private. We are now to determine whether this de scription embraces debts contracted before aswefl as after the date of the act. , It is an established rule for the construction of statutes that the terms employed by the legis lature are not to receive an interpretation which conflicts with acknowledged- principles of justajse and equity, if another sense, consonant with those principles, can be given to. them. But this rule cannot prevail where the intent is clear. Except in the scarcely supposable case, where a statute sets at naught the plainest pre cepts of morality and social obligation, courts .must give effect fo the clearly ascertained- legis lative intent, if not repugnant to the fundamental law ordained in the Constitution. Applying the rule just stated to the act under consideration, there appears- to be strong reason for construing the word debts as having refer ence only to debts contracted subsequent to the enactment of the law. For no one will question that the United States notes, which the act makes a legal tender in payment, are essentially unlike in nature, and, being irredeemable in coin, are necessarily unlike in value, to the lawful money intended by parties to contracts for the payment of money made before its passage. The lawful money then in use and made a legal tender in payment consisted" of gold and silver coin. The currency in use under the act, and; de clared by its terms to be lawful money and a legal tender, consists of notes or promises'to pay, impressed upon paper prepared in convenient form for circulation, and protected' against couhr terfeiting by suitable devices and penalties. The, former possess intrinsic value, determined by the weighted fineness of the metal; thel^t- ter havo no intrinsic value, but a purchasing value, determined by the quantity in circulation, by general consent to its currency in payments, and by opinion as to the probability of redemp tion in coin. Both derive, in different degrees, a certain additional value from their adaptation to circu lation by the form and impress given to them under national authority and from the acts mak ing them respectively a legal tender. Contracts, for the payment of money,- made before the act of 1862, had reference to coined money, and could not be discharged, unlesS^by * 12 United States Stats., 345. t.Lane County vs. Ore gon, 7 Wall., 71. tBronson vs. Rodfls, 7 Wall., 229J But ler t!«. Horwitz, 7 Wall., 2.58. JUDICIAL DECISIONS, ETC. 513 consent, otherwise than by tender of the sum 'Sue in coin. Every such ccntract, therefore, was in legal import a contract for the payment of coin. There is a well-known law of currency, that notes or promises to pay, unless made conve niently and promptly convertible into coin at the will of the holder, can never, except under un usual and abnormal conditions, be at par in cir culation with coin. '¦ It is an equally well-known law that depreci ation of notes must increase with the increase of the quantity put in circulation and the diminu tion of confidence in the ability or disposition to redeem. Their appreciation follows the reversal of. these conditions. No act making them a legal tender can change materially the operation of these laws. Their force has been strikingly exemplified in the history of the United States notes. Begin ning with a very slight depreciation when first issued, in March, 1862, they sank in July, 1864, to the rate of two dollars and eighty-five cents for a dollar in gold, and then rose until recently a dollar and twenty cents in paper became equal to a gold dollar. Admitting, then, that prior contracts are with in the intention of the act, and assuming that the act is warranted by the Constitution, it fol lows that the holder of a promissory note, made before the act, for a thousand dollars, payable, as we have just seen, according to the law and according to the intent of the parties, in coin, was required, when depreciation reached its lowest point, to accept in payment a thousand note dol lars, although with the thousand coin dollars, due under the contract, he could have purchased on that day two thousand eight hundred and fifty such dollars Every payment, since the passage ofthe act, of a note of earlier date, has presented similar, though less striking, features. Now, it certainly needs no argument to prove that an act compelling acceptance in satisfaction of any other than stipulated payment alters arbitrarily the terms of the contract and impairs ¦its obligation, and that the extent of impairment is in the proportion of the inequality of the pay ment accepted under the constraint of the law to thepayment due under the contract. uNor does it need argument to prove that the practical operation of such an act is contrary to justice and equity. It follows that no construction which attrib utes such practical operation to an act of Con gress is to be favored, or indeed to be admitted, if any other can be reconciled with the manifest intent of the legislature. What, then, is that manifest intent? Are we at liberty, upon a fair and reasonable construc tion of the act, to say that Congress meant that the word "debts" used in the act should not include debts contracted prior to its passage ? In the case of Bronson vs. Rodes we thought ourselves warranted in holding that this word, as Used in the statute, does not include obliga tions created by express contracts for the pay ment Of gold and silver, whether coined or in bullion. This conclusion rested, however, mainly on the terms of the act, which not only allow, out require, payments in coin by or to the Gov ernment, and may be fairly considered, independ ently of considerations belonging to the law of contracts for the delivery of specified articles, as sanctioning special private contracts for like pay ments, without which, indeed, the provisions re lating to government payments could hardly have practical effect. This consideration, however, does not apply to the matter now before us. There is nothing in the terms of the act which looks to any differ ence in its operation on different descriptions of debts payable generally in money, that is to say, in dollars and parts of a dollar. These terms, on the contrary, in their obvious import, include equally all debts not specially expressed to be payable in gold or silver, whether arising under past contracts and already due, or arising under such contracts and to become due at a future day, or arising and becoming due under subsequent contracts. A strict and literal construction, in deed, would, as suggested by Mr. Justice Story,* in respect to the same word used in the Consti tution, limit the word "debts" to debts existing; and, if the construction cannot be accepted be cause the limitation sanctioned by it cannot be reconciled with the obvious scope and purpose of the act, it is certainly conclusive against any interpretation which will exclude existing debts. from its operation. The same conclusion results from the exception of interest on loans and duties on imports from the effect of ithe legal- tender clause. This ex ception affords an irresistible implication that no description of debts, whenever contracted, can be withdrawn from the effect of the act, if not included within the terms or the reasonable in tent of the exception. . And it is worthy of observation in this con nection that in all the debates to which the act gave occasion in Congress, no suggestion was ever made that the legal-tender clause did not apply as fully to contracts made before as to contracts made after its passage. These considerations seem to us conclusive.' We do not think ourselves at liberty; therefore, to say that Congress did not intend to make tho notes authorized by it a legal tender in payment of debts contracted before the passage of the act. We are thus brought to the question whether Congress has power to make notes issued under its authority a legal tender in payment of debts which when contracted were payable by law in gold and silver coin. The delicacy and importance of this question has not been overstated in the argument. This court always approaches the consideration of questions of this nature reluctantly ; and its con stant rule of decision has been, and is, that acta of Congress must be regarded as constitutional unless clearly shown to be otherwise. But the Constitution is the fundamental law of the United States. By it the people have created a government, defined its powers, prescribed their iimits, distributed them among the different de partments, and directed, in general, the manner of their exercise. No department of the Government has any other powers than those thus delegated to it by * 1 Story on Const., i_ 921. 514 POLITICAL MANUAL. the people. AH the legislative power granted by the Constitution belongs to Congress ; but it has no legislative power which is not thus granted. And the same observation is equally true in its application to the executive and judicial powers granted respectively to the President and the courts. All these powers differ in kind, but not in source or. in limitation. They all arise from the Constitution and are limited by its terms. It is the function of the judiciary to interpret and apply the law to cases between parties as they arise for judgment. It can only declare what the law is, and enforce, by proper process, the law thus declared. But, in ascertaining the respective rights of parties, it frequently becomes necessary to con sult the Constitution; for there can be no law inconsistent with the fundamental law. No en actment not in pursuance of the authority con ferred by it can create obligations or confer rights. For such is the express declaration of the Consti tution itself, in these words : "Tho Constitution, and the laws of the United States which shall be made in pursuance- thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be, the supreme law of the land ; and the judges of every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." Not every act of Congress, then, is to be re garded as the supreme law of the land ; nor is it By every act of Congress that the judges are bpund. This character and this force belong only to such acts as are "made in pursuance of the Constitution." When, therefore, a case arises for judicial de termination, and the decision depends on the alleged inconsistency of a legislative provision with the fundamental law, it is the plain duty of the court to compare the act with the Constitu tion, and if the former cannot, upon a fair con struction, be reconciled with the latter, to give effect to the Constitution rather than the statute. This seems so plain that it is impossible to make it plainer by argument. If it be otherwise, the Constitution is not the supreme law ; it is neither necessary nor useful, in any case, to inquire whether or not any act of Congress was passed in pursuance of it; and the oath which every member of this court is required to take, that he " will administer justice without respect to per sons, and do equal right to the poor and the rich, and faithfully perform the duties incumbent upon him to the best of his ability and understanding, agreeably to the Constitution and laws of the United States," becomes an idle and unmeaning form. The case before us is one of private right The plaintiff in the court below sought to recover of the defendants a certain sum expressed on the face of a promissory note. The defendants in sisted on the right, under the act of February 25, 1862, to acquit themselves of their obliga tion by tendering in payment a sum nominally equal in United States notes. But the note had been executed before the passage of the act, and the plaintiff insisted on his right under the Con stitution to be paid the amount due in gold and silver. And it has not been and cannot be de nied, that the plaintiff was entitled to judgment according to his claim, unless bound by a consti tutional law to accept the notes as coin. Thus two questions were directly presents* Were the defendants relieved by the act from the obligation assumed in the contract ? Could the plaintiff be compelled by a judgment of the court to receive in payment a currency of different na ture and value from that which was in the con* templation of the parties when tbe contract was made? The court of appeals resolved both questions iii the negative, and the defendants in the original suit seek tbe reversal of that judgment by writ of error. It becomes our duty, therefore, to determine whether the act of February 25, 1862, so far as it makes United States notes a legal tender in pay ment of debts contracted prior to its passage, is constitutional and valid or otherwise! Under a deep sense of our obligation to perform this duty to the best of our ability and understanding, we shall proceed to dispose of the case presented by the record. We have already said, and it is generally, if not universally, conceded, that the Government of the United States is one of limited powers, and that no department possesses any authority not granted by the Constitution. It is not necessary, however; in order to prove the existence of a particular authority to show a particular and express grant. The design of the Constitution was to establish a government com petent to the direction and administration of the affairs of a great nation, and, at the same time, to mark, by sufficiently definite lines, the sphere of its operations. To this end it was nee-u'ul only to make express grants of general powere, coupled with a further grant of such incidental t uJ aux iliary powers as might be required for riii exer cise of the powers expressly granted. 'iheK powers are necessarily extensive. It has Wn found, indeed, in the practical administration oi the government, that a very large part, if not the largest part, of its functions have been per formed in the exercise of powers thus implied. But the extension of power by implication was regarded with some apprehension hy the wise men who framed and by the intelligent citizens who adopted the Constitution. This apprehen sion is manifest in the terms by which the grant of incidental and auxiliary powers is made. All powers of this nature are included under the de scription of " power to make all laws necessary and proper for carrying into execution the powers expressly granted to Congress or vested by the Constitution in the government or in any of its departments or officers." The same apprehension is equally apparent in the Xth article ofthe Amendments, which declares that "the powers not delegated to the United States by the Constitution, nor prohibited hy it to the States, are reserved to the States or the people." We do not mean to say that either of these constitutional provisions is to be taken as re stricting any exercise of power fairly warranted by legitimate derivation from one of the enumer ated or express powers. The first was undoubt edly introduced to exclude all doubt in respect JUDICIAL DECISIONS, ETC. 515 to the existence of implied powers; while the words " necessary and proper were intended to have a "sense," to use tha words of Mr. Justice Story, "at once admonitory and directory," and to require that the means used in the execution of an express power "should be bona fide appro priate to the end."* The second provision was intended to have alike admonitory and directory Bense, and to restrain the limited government established under the Constitution from the exer cise of powers not clearly delegated or derived byjust inference from powers so delegated. It has not been maintained in argument, nor, indeed, would any one, however slightly con versant with constitutional law, think of main taining, that there is in the Constitution any express grant of legislative power to make any description of credit currency a legal tender in payment of debts. We must inquire then whether this can be ,done in the exercise of an implied power. The rule for determining whether a legislative enactment can be supported as an exercise of an implied power was stated by Chief Justice Mar- . Bhall, speaking for the whole court, in the case |0f McCullough vs. The State of Maryland,! an^ the statement then made has ever since been ac cepted as a correct exposition of the Constitution. His words were these : " Let the end be legiti mate, let it be within the scope of the Constitu tion, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional." And in another part of the same opinion the Jpraotical application of this rule was thus illus- .'trated : " Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under the pretext of executing its powers, pass laws for ithe accomplishment of objects not intrusted to the government, it would be the painful duty of this tribunal, should a case requiring such a de cision come before it, to say that such an act was not the law of the land. But where the law is not prohibited, and is really calculated to effect any of the objects intrusted to the government, to undertake here to inquire into the degree of its necessity would be to pass the line which circumscribes the judicial department, and tread on legislative ground."J It must be taken then as finally settled, so far as judicial decisions can settle anything, that the words "all laws ne essary and proper for carry- ping into execution" powers expressly granted or sVeeted, have in the Constitution a sense equiva lent to that of the words : laws not absolutely necessary indeed, but appropriate, plainly adapt ed to constitutional and legitimate ends; laws not prohibited, but consistent with the letter and spirit ofthe Constitution; laws really calculated ,to effect objects intrusted to the government. The question before us, then, resolves itself (into this: Is the clause which makes United States notes a legal tender for debts contracted prior to its enactment a law of the description stated in the rule ? ... It is not doubted that the power to establish a standard of value by which all other values may be measured, or, in other words, to determine what shall be lawful money and a legal tender, is in its nature and of necessity a governmental power. It is in all countries exercised by the government. In the United States, so far as it relates to the precious metals, it is vested in Con gress by the grant of the power to coin money. But can a power fo impart these qualities to notes, or promises to pay money, when offered in discharge of pre-existing debts, be derived from the coinage power, or from any other power ex pressly given? It is certainly not the same power as the power to coin money. Nor is it iu any reasonable or sat isfactory sense an appropriate or plainly adapted means to the exercise of that power. Nor is there more reason, for saying that it is implied in, or incidental to, the power to regulate the value of coined money of the United States, or of foreign coins. _ This power of regulation is a power to determine the weight, purity, form, impression, and denomination of the several coins, and their relation to each other, and the relations of for eign coins to the monetary unit of the United C4-..J. — •2 Story cn the Const, p. 142, § 1253. f4 Wheaton 421. t 4 Wheat., 423. Nor is the power to make notes a legal tender the same as the power to issue notes to be used as currency. The old Congress, under the Arti cles of Confederation, was clothed by express grant with the power to emit bills of credit, which are in fact notes for circulation as currency ; and yet that Congress was not clothed with the power to make these bills a legal tender in payment. And this court has recently held that the Con gress under the Constitution, possesses as inci dental to other powers, the same power as the old Congress to emit bills or notes ; but it was expressly declared at the same time that this decision concluded nothing on the question of legal tender. Indeed, we are not aware that it has ever been claimed that the power to issue bills or notes has any identity with the power to make them a legal tender. On the contrary, the whole history of the country refutes that notion. The States have always been held to possess the power to authorize and regulate the issue of bills for circulation by banks or individuals, subject, as has been lately determined, to the control of Congress, for the purpose of establishing and securing a national currency; and yet the States are expressly prohibited by tbe Constitution from making anything but gold and silver coin a legal tender. This seems decisive on the point that the power to issue notes and the power to make them a legal tender are not the same power, and that they have no necessary connection with each other. But it has been maintained in argument that tbe power to make United States notes a legal tender in payment of all debts is a means appro priate and plainly adapted to the execution of the power to carry on war, of the power to regu late commerce, and of the power to borrow money. If it is, and is not prohibited, nor incon sistent with the letter or spirit of the Constitu tion, then the act which makes them such legal tender must be held to be constitutional. Let us, then, first inquire whether it is an ap propriate and plainly adapted means for carry- 516 POLITICAL MANUAL. ing on war? The affirmative argument may be thus stated : Congress has power to declare and provide for carrying on war ; Congress has also power to emit bills of credit, or circulating notes receivable for government dues and payable, so far at least a3 parties are willing to receive them, in discharge of government obligations ; it wili facilitate the use of such notes in disbursements to make them a legal tender in payment of ex isting debts ; therefore Congress may make such notes a legal tender. It is difficult to say to what express power the authority to make notes a legal tender in pay ment of pre-existing debts may not be upheld as incidental, upon the principles of this argument. Is there any power which does not involve the use of money? And is there any doubt that Con gress may issue and use bills of credit as money in the execution of any power? The power to establish post offices and post roads, for example, involves the collection and disbursement of a great revenue. Is not the power to make notes a legal tender as clearly incidental to this power as to the war power? The answer to this question does not appear to us doubtful. Theargument, therefore, seems to prove too much. It carries the doctrine of implied powers very far beyond any extent hith erto given to it. It asserts that whatever in any degree promotes an end within the scope of a general power, whether, in the correct sense of the word, appropriate or not, may be done in the exercise of an implied power. Can this proposition be maintained? It is said that this is not a question for the court deciding a cause, but for Congress exercis ing the power. But the decisive answer to this is, that the admission of a legislative power to determine finally what powershave the described relation as means to the execution of other pow ers plainly granted, and, then, to exercise abso lutely and without liability to question, in cases involving private rights, the powers thus deter mined to have that relation, would completely change the nature of American government. It would convert the government, which the people ordained as a government of limited powers, into a government of unlimited powers. It would confuse the boundaries which separate the exec utive and judicial from the legislative authority. It would obliterate every criterion which this court, speaking through the venerated chief jus tice in the case already cited, established for the determination pf.th.e question whether legislative acts are constitutional or unconstitutional. Undoubtedly, among means appropriate, plain ly adapted, really calculated, the legislature has unrestricted choice. But there can be no implied power to use means not within the description. Now, then, let.it be considered what has actu ally been done in the provision of a national currency. In July and August, 1861, and Feb ruary, 1862, the issue of $60,000,000 in United States notes, payable on demand, was authorized* They were made receivable in payments, but were not declared a legal tender until March, 1862,-f- when the amount in circulation had been greatly reduced by receipt and cancellation. In *12 United States Stats., 269, 313, and 338. +12 United Slates Stats., 370. 1862 and 1863* the issue of $450,000,000 in United States notes, payable not on demand, but in effect at the convenience of the Govern ment, was authorized, subject to certain restric tions as to $50,000,000. These notes were made receivable for the bonds of the national loans, for all debts due to or from the United States, except duties on imports and interest on the public debt, and were also declared a legal ten der. In March, 1863,+ the issue of notes for parts of a dollar was authorized to an amount not exceeding $50,000,000. These notes were not declared a legal tender, but were made re deemable under regulations to be prescribed by the Secretary of the Treasury. In February, 1863,+. the issue of $300,000,000 in notes of the national banking associations was authorized. These notes were made receivable to the same extent as United States notes, and provision was made to secure their redemption, but they were not made a legal tender. These several descriptions of notes have since constituted, under the various acts of CongresB, the common currency of the United States. " The notes which were not declared a legal tender have circulated with those which were so de clared without unfavorable discrimination. It may be added, as a part of the history, that other issues, bearing interest at various rates, were authorized and made a legal tender, except in redemption of bank notes, for face amount, exclusive of interest. Such were the one and two years five per cent, notes and three years compound interest notes.|| These notes never entered largely or permanently into the circula tion; and there is no reason to think that their utility was increased or diminished by the act which declared them a legal tender for face amount. They need not be further considered here. They serve only to illustrate the tendency, remarked by all who have investigated" the suh- ject of paper money, to increase the volume df irredeemable issues, and to extend indefinitely tbe application of the quality of legal tender. That it was carried no further during the recent civil war, and has been carried no further since, is due to circumstances, the consideration of which does not belong to this discussion. We recur, then, to the question under conside ration. No one questions the general constitu tionality, and not very many perhaps the gen eral expediency, of the legislation by which a note currency has been authorized in recent years. The doubt is as to the power to declare a particular class of these notes to be a legal tender in payment of pre-existing debts. The only ground upon which this power is asserted is, not that the issue of notes was an appropriate and plainly-adapted means for car rying on the war, for that is admitted, but that the making of them a legal tender to the extent mentioned was such a means. Now, we have seen that of all the notes issued those not declared a legal tender at all constitu ted a very large proportion, and that they circu-1 lated freely and without discount. It may be said that their equality in circula- * 12 United States Stats., 345, 532, and 709. +12 United States Stats., 711. $12 United States Stats., 669. tls , United States Stats., 218, 425. JUDICIAL DECISIONS, ETC. 517 tion and credit was due to the provision made by law for the redemption of this paper in legal- tender notes. But this provision, if at all useful in this respect, was of trifling importance com pared with that which made them receivable for .government dues. All modern history testifies that, in time of war especially, when taxes are augmented, large loans negotiated, and heavy disbursements made, notes issued by the author ity of the government, and made receivable for dues of the government, always obtain at first a ready circulation ; and even when not redeem able in coin on demand are as little and usually less subject to depreciation than any other de scription of notes for the redemption of which no better provision is made. And the history of the legislation under consideration is, that it was upon this quality of receivability, and not upon the quality of legal tender, that reliance for circulation was originally placed; for the re ceivability clause appears to have been in the original draft of the hill, while the legal-tender clause seems to have been introduced at a later stage of its progress. These facts certainly are not without weight as evidence that all the useful purposes of the notes would have been fully answered without making them a legal tender for pre-existing debts. , It is denied, indeed, by eminent writers, that the quality of legal tender adds anything at all to the credit or usefulness of government notes They insist, on the contrary, that it impairs both. . However this may be, it must be remembered that it is as a means to an end to be attained by the action of the government that the implied power of making notes a legal tender in all pay ments is claimed under the Constitution. Now, how far is the government helped by this means? Certainly it cannot obtain new supplies or ser vices at a cheaper rate, for no one will take the notes for more than they are worth at the time of the new contract. The price will rise in the ratio of the depreciation, and this is all that could hap pen if the notes were not made a legal tender. But it may be said that the depreciation will be less to him who takes them from the government if the government will pledge to him its power to compel his creditors to receive them at par in payments. This is, as we have seen, by no means certain. If the quantity issued be excessive, and redemption uncertain and remote, great deprecia tion will take place; if, on the other hand, the quantity is only adequate to the demands of busi ness, and confidence in early redemption is strong, the notes will circulate freely, whether made a legal tender or not. ¦ But if it be admitted that some increase of availability is derived from making the notes a legal tender under new contracts, it by no means follows that any appreciable advantage is gained by compelling creditors to receive them in satis faction of pre-existing debts. And there is abund ant evidence that whatever benefit is possible from that compulsion to some individuals or to the- government is far more than outweighed by the losses of property, the derangement of busi ness, the fluctuations of currency and values, and the increase of prices to the people and the government, and the long train of evils which , flow from the use of irredeemable paper money. It is true that these evils are not to be attributed altogether to making it a legal tender. But this increases these evils. It certainly widens their extent and protracts their continuance. We are unable to persuade ourselves that an expedient of this sort is an appropriate and plainly adapted means for the execution of the power to declare and carry on war. If it adds nothing to the utility of the notes it cannot be upheld as a means to the end in furtherance of which the notes are issued. Nor can it, in our judgment, be up held as such if, while facilitating in some degree the circulation of the notes, it debases and injures the currency in its proper use to a much greater degree. And these considerations seem to us equally applicable to the powers to regulate com merce and to borrow money. Both powers ne cessarily involve the use of money by the people and by the government, but neither, as we think, carries with it, as an appropriate and plainly adapted means to its exercise, the power of mak ing circulating notes a legal tender inpayment of pre-existing debts. But there is another view which seems to us decisive, to whatever express power the supposed implied power in question may be referred. In the rule stated by Chief Justice Marshall the words "appropriate," "plainly adapted," "really calcu lated," are qualified by the limitation that the means must be not prohibited, but consistent with the letter and spirit of the Constitution. Nothing so prohibited or inconsistent can be regarded as appropriate, or plainly adapted, or really calcu lated means to an end. Let us inquire, then, first, whether making bills of credit a legal tender, to the extent indicated, is consistent with the spirit of the Constitution. Among the great cardinal principles of that in strument no one is more conspicuous or more ven erable than the establishment of justice. And what was intended by the establishment of jus tice in tbe minds of the people who ordained it is happily not a matter of disputation. It is not left to inference or conjecture, especially in its relations to contracts. When the Constitution was undergoing discus sion in the convention, the Congress of the con federation was engaged in the consideration of the ordinance for the government of the territory northwest of the Ohio, the only territory subject at that time to its regulation and control. By this ordinance certain fundamental articles of compact were established between the original States and the people and States o'f the territory, for the purpose, to use its own language, "of ex tending the fundamental principles of civil and religious liberty, whereon these republics," (the States united under the confederation) "their laws, and constitutions are erected." Among these fun damental principles was this: "And. in the just preservation of rights and property it is under stood and declared, that no law ought ever to be made or have force in the said territory that shall in any manner whatever interfere with or affect private contracts or engagements bona fide and without fraud previously formed." The same principle found more condensed ex pression in that most valuable provision of the Constitution of the United States, ever recognized as an efficient safeguard against injustice, that 518 POLITICAL MANUAL. " no State-shall pass any law impairing the obli gation of contracts." It is true that this prohibition is not applied in terms to the Government of the United States. Congress has express power to enact bankrupt laws, and we do not say that a law made in the execution of any other express power, which in cidentally only impairs the obligation of a con tract, can be held to be unconstitutional for that reason. But we think it clear that those who framed and those who adopted the Constitution intended that the spirit of this prohibition should pervade the entire body of legislation, and that the jus tice which the Constitution was ordained to es tablish was not thought by them to be compatible with legislation of an opposite tendency. In other words, we cannot doubt that a law not made in pursuance of an express power, which necessarily and in its direct operation impairs the obligation of contracts, is inconsistent with the spirit of the Constitution. Ano'ther provision, found in the Vth Amend ment, must he considered in this connection. We refer to that which ordains that private property shall not be taken for public use without compen sation. This provision is kindred in spirit to that which forbids legislation impairing the obligation of contracts ; but, unlike that, it is addressed di rectly and solely to the national government. It does not, in terms, prohibit legislation which ap propriates the private property of one class of ' citizens to the use of another class ; but if such property cannot be taken for the benefit of all without compensation, it is difficult to understand how it can be so taken for the benefit of a part without violating the spirit of the prohibition. But there is another provision in the same amendment, which, in our judgment, cannot have its full and intended effect unless construed as a direct prohibition of the legislation which we have been considering. It is that which de clares tbat "no person shall be deprived of life, liberty, or property without due process of law." It is not doubted that all the provisions of this amendment operate directly in limitation and restraint of the legislative powers conferred by the Constitution. The only question is, whether an aot which compels all those who hold con tracts for the payment of gold and silver money to accept in payment a currency of inferior value deprives such persons of property without due proceBS of law. It is quite clear that, whatever may be the operation of such an act, due process of law makes no part of it. Does it deprive any person of property? A very large proportion of the property of civilized men exists in the form of contracts. These contracts almost invariably stipulate for the payment of money. And we have already seen that contracts in the United States, prior to the act under consideration, for the payment of money, were contracts to pay the sums specified in gold and silver coin. And it is beyond doubt that the holders of these contracts were and are as fully entitled to the protection of this consti tutional provision as the holders of any other description of property. But it may be said that the holders of no de scription of property are protected by it from legislation which incidentally only impairs its value. And it may be urged ih illustration that the holders of stock in a turnpike, a bridge, or a manufacturing corporation, or an insurance com pany, or a bank, cannot invoke its protection against legislation which, by authorizing similar works or corporations, reduces its price in the market. But all this does not appear to meet the real difficulty. In the cases mentioned, the injury is purely contingent and incidental. In the case we are considering, it is direct and inevi table. If in the cases mentioned the holders of the stack were required by law to convey it on de mand to any one who should think fit to offer half its value for it, the analogy would be more obvious. No one probably could be found to contend that an act enforcing the acceptance of fifty or seventy-five acres of land in satisfaction of a contract to convey a hundred would not come within the prohibition against arbitrary priva tion of property. We confess ourselves unable to perceive any solid distinction between such an act and an act compelling all citizens to accept, in satisfaction of all contracts for money, half or three-quarters, or any other proportion less than the whole of the value actually due, according to their terms. It is difficult to conceive what act would take private property without process of law if such an act would not. We are obliged to conclude that an act making mere promises to pay dollars a legal tender in payment of debts previously contracted is not a means appropriate, plainly adapted, really cal culated to carry into effect any express power vested in Congress ; that, such an act is inconsist ent with the spirit of the Constitution ; and that it is prohibited by the Constitution. It is not surprising that amid the tumult of the late civil war, and under the influence of ap prehensions for the safety of the republic almost universal, different views, never before enter tained by American statesmen or jurists, were adopted by many. The time was not favorable to considerate reflection upon the constitutional limits of legislative or executive authority. If power was assumed from patriotic motives, the assumption found ready justification in patriotic hearts. Many who doubted yielded their doubts; many who did not doubt were silent. Some who were strongly averse to making government notes a legal tender felt themselves constrained to acquiesce in the views of the advocates of the measure. Not a few who then insisted upon its necessity, or acquiesced in that view, have, since the return of peace and under the influence of the calmer time, reconsidered their conclusions, and now concur in those which we have just an nounced. These conclusions seem to us to be fully sanctioned by the letter and spirit of the Constitution. We are obliged, therefore, to hold that the de fendant in error was not bound to receive fropl the plaintiffs the currency tendered to him in payment c*f their note, made before the passage of the act of February 25, 1862. It follows that the judgment of the court of appeals of Ken tucky must be affirmed. JUDICIAL DECISIONS, ETC. 519 It is proper to say that Mr. Justice Grier, who .1V4S a member, of the court when this cause was decided in conference,* and when this opinion was directed to be read.f stated his judgment to be that the legal-tender clause, properly con strued, has 110 application to debts contracted prior to its enactment; but that upon the con struction given to the act by the other judges he concurred in the opinion that the clause, so far as it makes United States notes a legal tender for such debts, is not warranted by the Consti tution. Dissenting Opinion. Mr. Justice Miller dissenting: The provisions of the Constitution of the United 'States which have direct reference to the func tion of legislation may be divided into three primary classes : 1. Those which confer legislative powers on Congress. 2. Those which prohibit the exercise of legis lative powers by Congress. 3. Those which prohibit the States from exer cising certain legislative powers. ' " The powers conferred on Congress may be sub divided into the positive and the auxiliary, or, as they are more commonly called, the express and the implied powers. As instances of tlie former class may be men tioned the power to borrow money, to raise and support armies, and to coin money and regulate the value thereof. The implied or auxiliary powers of legislation are founded largely on that general provision which closes the enumeration of powers granted in express terms, by the declaration that Con gress shall also "have power 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 Govern ment of the United States, or in any department or officer thereof." The question which this court is called upon to consider is, whether the authority to make the notes of the United States a lawful tender in ¦payment of debts is to be found in Congress under either of these classes of legislative powers. As one of the elements of this question, and in order to negative any idea that the exercise of such a power would' he an invasion of the rights reserved to the States, it may be as well to say a.t the outset, that this is among the subjects of ', legislation forbidden to the States by the Consti tution. Among the unequivocal utterances of that instrument on this subject of legal tender is that which declares that "No State shall coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts ;" thus removing the whole matter from the domain of State legislation. No such prohibition is placed upon the power " of Congress on this subject, though there are, as I have already said, matters expressly forbidden. tp .Congress; but neither this of legal tender, nor of tlie power to emit bills of credit or to impair the obligation of contracts, is among them. On Hip contrary, Congress is .expressly authorized to coin money and to regulate the value thereof * Nov. 27, 1869. + Jan. 29, 1870. and of foreign coin, and to punish the counter- foiting of such coin and of the securities of the United States. It has been strongly argued by many able jurists that these latter clauses, fairly construed, confer the power to make the securi ties of the United States a lawful tender in pay ment of debts. While I am not able to see in them, standing alone, a sufficient warrant for the exercise of this power, they are not without decided weight when we come to consider the question of the existence of this power as one necessary and proper for carrying into execution other admitted powers of the Government. For they show that so far as the framers of the Constitution did go in granting express power over the lawful money of the country, it was confided to Congress and forbidden to the States; and it is no unreasona ble inference, that if it should be found necessary, in carrying into effect some of the powers of the Government essential to its successful operation, to make its securities perform the office of money in the payment of debts, such legislation would be in harmony with the power over money granted in express terms. It being conceded, then, that the power under consideration would not, if exercised by Con gress, be an invasion of any right reserved to the States, but one which they are forbidden to employ, and that it is not one in terms either granted or denied to Congress, can it be sus tained as a law necessary and proper, at the time it was enacted, for carrying into execution any of these powers that are expressly granted, either to Congress or to the Government or to any de partment thereof? From the organization of the Government under the present Constitution there have been from time to time attempts to limit the powers granted by -that instrument by a narrow and literal rule of construction, and these have been specially directed to the general clause which we have cited as the foundation of the auxiliary powers of the Government. It has been said that this clause, so far from authorizing the use of any means which could not have been used without it, is a restriction upon the powers n'e- cessarily implied by an instrument so general in its language. The doctrine is, that when an act of Congress is brought to the test of this clause of the Con stitution, its necessity must be absolute, and its adaptation to the conceded purpose unquestion able. Nowhere has this principle been met with more emphatic denial and more satisfactory refu tation than in this co«rt. That eminent jurist and statesman, whose official career of over thirty years as chief justice commenced very soon after the Constitution was adopted, and whose opin ions have done as much to fix its meaning as those of any man, living or dead, has given this particular clause the benefit of his fullest con sideration. In the case of the United States vs. Fisher, (2 Cranch, 358,) decided in 1804, the point in issue was the priority claimed for the United States as a creditor of a bankrupt over all other creditors. It was argued mainly on the construction of the statutes, but the power of Congress to pass such 520 POLITICAL MANUAL. a law was also denied. Chief Justice Marshall said: "It is claimed under the authority to make all laws which shall be < necessary and proper to carry into execution the powers vested by the Constitution in the Government or in any department thereof. In construing this clause, it would be incorrect and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indis pensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each that it was not necessary, because the end might be attained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of the power granted by the Constitution." It was accordingly held that, under the au thority to pay the debts of the Union, it could pass a law giving priority for its own debts in cases of bankruptcy. But in the memorable case of McCulloch vs. The State of Maryland, (4 Wheaton, 316,) the most exhaustive discussion of this clause is found in the opinion of the court by the same eminent expounder of the Constitution. Tbat case in volved, it is well known, the right of Congress to establish the Bank of the United States and to authorize it to issue notes for circulation. It was conceded that the right to incorporate or create such a bank had no specific grant in any clause of the Constitution, still less the right to authorize it to issue notes for circulation as money. But it was argued that, as a means necessary to enable the Government to collect, transfer, and pay out its revenues, the organiza tion of a bank with this function was within the power of Congress. In speaking of the true meaning of the word "necessary' in this clause of the Constitution he says: "Does it Sfcvays import an absolute physical necessity so strong that one thing to which another may be termed necessary cannot exist without it? We think it does not. If reference be had to its use, in the common affairs of the world or in approved authors, we find that it frequently imports no more than that one thing is convenient oi'useful or essential to another. To employ means ne cessary to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means, without which the end would be entirely unattainable." The word necessary admits, he says, of all degrees of comparison. "A thing may be neces sary, very necessary, absolutely or indispensably necessary." * * * " This word, then, like others, is used in various senses, and in its con struction the subject, the context, the intention of the person using them are all to be taken into view. Let this be done in the case under con sideration. The subject is the execution of those great powers on which the welfare of a nation essentially depends. It must have been the in tention of those who gave these powers to insure, as far as human prudence could insure, their beneficial execution. This could not be done by confining the choice of means to such narrow limits as not to leave it in the power of Congress j to adopt any wlii*h might be appropriate .and which were conducive to the end. This provis ion is made in a constitution intended to endure for ages to come, and. consequently to be adapted to various crises of human affairs. To have prescribed the means by which the government should in all future time execute its powers would have been to change entirely the characr ter of the instrument, and give it the properties of a legal code. It would have been an unwise attempt to provide by immutable rules for exi: gencies which, if foreseen at all, must have been but dimly, and which can best be provided for as they occur. To have declared that the best means shall not be used, but those alone without which the power given would be nugatory, would have heen to deprive the legislature of the capacity to avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances." I have cited at- unusual length these remarks of Chief Justice Marshall because, though made half a century ago, their applicability to the cir cumstances under which Congress called to its aid the power of making the securities of the Government a legal tender as a means of sue-' cessfully prosecuting a war which without such aid seemed likely to terminate its existence, and to borrow money which could in no other man ner be borrowed, and to pay the debt of millions due to its soldiers in the field, which could by no other means be paid, seem to be almost prophetic. If he had had clearly before his mind the future history of his country he could not have better characterized a principle which would in this very case have rendered tbe power to carry on. war nugatory, which would have deprived Con gress of the capacity to avail itself of experi ence, to exercise its reason, and to accommodate its legislation to circumstances by the use of the. most appropriate means of supporting the Gov ernment in the crisis of its fate. But it is said that the clause under cbnsidera-. tion is admonitory as to the use of implied: powers, and adds nothing to what would have been authorized without it. The idea is not new, and is probably intended . for the same which was urged in the case of Mc- . Culloch vs. The State of Maryland, namely, that. instead of enlarging the powers conferred on Congress, or providing for a more liberal use of them, it was designed as a restriction upon the ancillary powers incidental to every express grant of power in general terms. I have already. cited so fully from that case that I can only refer to it to say that this proposition is there clearly stated and refuted. Does there exist, then, any power in Congress ,,- or in tbe Government, by express grant, in the ¦ execution of which this legal- tender act was ne cessary and proper, in the sense here defined, - under the circumstances of its passage ? . -.. The power to declare war, to suppress insur-.j rection, to raise and support armies, to provide,-. and maintain a navy, to borrow money on. the credit of the United StateB, to pay the debts of. the Union, and to provide for the common de fense and general welfare, are each and all dis tinctly and specifically granted in separate- clauses of the Constitution. _i JUDICIAL DECISIONS, ETC. 521 We were in the midst of a war which called all these powers into exercise and taxed them severely ; a war which, if we take into account 'the increased capacity for destruction introduced by modern science and the corresponding in crease of its cost, brought into operation powers of belligerency more potent and more expensive than any that the world has ever known. i - All the ordinary means of rendering efficient the several powers of Congress above mentioned had been employed to their utmost capacity, and with the spirit of the rebellion unbroken, with large armies in the field unpaid, with a current expenditure of over $l,000,000per day, the credit of the Government nearly exhausted, and the resources of taxation inadequate to pay even the interest on the public debt, Congress was called On to "devise some new means of borrowing money on the credit of the nation, for the result of the war was conceded by all thoughtful men to depend on the capacity of the Government to raise money iu amounts previously unknown. The banks had already loaned their means to the treasury. They had been compelled to sus pend' the payment of specie on their own notes. The coin in the country, if it could all have been placed within the control of the Secretary of the Treasury, would not have made a circula tion sufficient to answer army purchases and army payments, to say nothing of the ordinary business of the country. A general collapse of credit, of payment, and of business seemed inevi table, in which faith in the ability of the Gov ernment would have been destroyed, the rebel lion would have triumphed, the States would have been left divided, and the people impov erished. The national government would have perished, and with it the Constitution which wo are now called upon to construe with such nice and critical accuracy. That the legal-tender act prevented these dis astrous results, and that the tender clause was ' necessary to prevent them, J entertain no doubt. IV furnished instantly a means of paying the soldiers in the field and filled the coffers of the commissary and quartermaster. It furnished a medium1 for the payment of private debts, as well as public, at a time when gold was being rapidly Withdrawn from circulation and the State-Dank currency was becoming worthless. It furnished the means to the capitalist of buying the bonds of the Government. It stimulated trade, revived the drooping energies of the country, and restored confidence to the public mind. The results which followed the adoption of this measure are beyond dispute. No other ade quate cause has ever been assigned for the re vival of government credit, the renewed activity of trade, and the facility with which the Govern ment borrowed in two or three years, at reason able rates of interest, mainly from its own citi zens, double the amount of money there was in the country, including coin, bank notes, and the notes issued under the legal-tender acts. It is now said, however, in the calm retrospect of these events, that treasury notes suitable for circulation as money, bearing on their face the pledge of the United States for their ultimate payment in coin, would, if not equally effi cient, have answered the requirement of the oc casion without being made a lawful tender for debts. But what was needed was something more than the credit of the Government. That had besn stretched to its utmost tension, and was clearly no longer sufficient in the simple form of borrowing money. Is there any reason to be lieve that the mere change in the form of the security given would have revived this sinking credit? On the contrary, all experience shows that a currency not redeemable promptly in coin, but dependent on the credit of a promiser wliose resources are rapidly diminishing, while his lia bilities are increasing, soon sinks to the dead level of worthless paper. As no man would have been compelled to take it in payment of debts, as it bore no interest, as its period of re demption would have been remote and uncertain, this must have been the inevitable fate of any extensive issue of such notes. But when by law they were made to discharge the function of paying debts, they had a per petual credit or value equal to the amount of all the debts, public and private, in the country. If they were never redeemed, as they never have been, they still paid debts at their par value, and for this purpose were then, and always have been, eagerly sought by the people. To say, then, that this quality of legal tender was not necessary to their usefulness seems to be unsup ported by any sound view of the situation. Nor can any just inference of that proposition arise from a comparison of the legal-tender notes with the bonds issued by the Government about the same time. These bonds had a fixed period for their payment, and the Secretary of the Treasury declared that they were payable in gold. They bore interest, which was payable semi-annually in gold, by express terms on their face, and the customs duties, which by law could be paid in nothing but gold, were sacred ly pledged to the payment of this interest. They can afford no means of determining what would have been the fate of treasury notes designed to circulate as money, but which bore no interest, and had no fixed time of redemption, and by law could pay no debts, and had no fund pledged for their payment, The legal-tender clauses of the statutes under consideration were placed emphatically, by those who enacted them, upon their necessity to the further borrowing of money and maintaining the army and navy. It was done reluctantly and with hesitation, and only after the necessity had been demon strated and had become imperative. Our states men had been trained in a school which looked upon such legislation with something more than distrust. The debates of the two houses of Con gress show that on this necessity alone cpuld this clause of the bill have been carried, and they also prove, as I think, very clearly the exist ence of that necessity. The history of that gloomy time, not to be forgotten by the lover of his country, will for ever remain the full, clear, and ample vindication of the exercise of this power by Congress, as its results have demonstrated the sagacity of those who originated and carried through this measure. Certainly it seems to the best judgment that I POLITICAL MANUAL. can bring to bear upon the subject that this law was a necessity in the most stringent sense in which that word can be used. But if we adopt the construction of Chief Justice Marshall and the full court over which he presided, a construc tion which has never to this day been overruled or questioned in this court, how can we avoid this conclusion ? Can it be said that this pro vision did not conduce towards the purpose of borrowing money, of paying debts, of raising armies, of suppressing insurrection ? or that it was not calculated to effect these objects ? or that it was not useful and essential to that end ? Can it be said that this was not among the choice of means, if not the only means, which were left to Congress to carry on this war for national existence ? Let us compare the present with other cases decided in this court. If we can say judicially that to declare, as in the case of the United States vs. Fisher, that the debt which a bankrupt owes the Government shall have priority of payment over all other debts is a necessary and proper law to enable the Government to pay its own debts, how can we say that the legal-tender clause was not necessary and proper to enable the Government to borrow money to carry on the war? The creation of the United States Bank, and especially the power granted to it to issue notes for circulation as money, was strenuously resisted as without constitutional authority; but this court held that a bank of issue was necessary, in the sense of that word as used in the Consti tution, to enable the Government to collect, to transfer, and to pay out its revenues. It was never claimed that the Government could find no other means to do this. It could not then be denied, nor has it ever been, that other means more clearly within the competency of Congress existed, nor that a bank of deposit might possibly have answered without a circula tion. But because that was the most fitting, useful, and efficient mode of doing what Congress was authorized to do, it was held to be necessary by this court. The necessity in that case is much less apparent to me than in the adoption of the legal-tender clause. In the Veazie Bank vs. Fenno, decided at the present term, this court held, after full consider ation, that it was the privilege of .Congress to furnish to the country the .currency to be used by it in the transaction of business, whether this was done by means of coin, of the notes of the United States, or of banks created by Congress ; and that, as a means of making this power of Congress efficient, that body could make this currency exclusive by taxing out of existence any currency authorized by the States. It was said " that having, in the exercise of undoubted constitutional power, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally secure the benefit of it to the people by appro priate means." Which is the more appropriate and effectual means of making the currency es tablished by Congress useful, acceptable, perfect — the taxing of all other currency out of exist ence, or giving to that furnished by the Gov ernment the quality of lawful tender for debts? The latter is a means directly conducive to the end to be attained, » means which attains the end more promptly and more perfectly than any other means can do. The former is a remote and uncertain means in its effect, and is liable to the serious objection that it interferes with State legislation. If Congress can, however, under its implied power, protect and foster this currency by such means as destructive taxation on State bank circulation, it seems strange, indeed, if ij; cannot adopt the more appropriate and the more effectual means of declaring these notes of its own issue, for the redemption of which its faitK is pledged, a lawful tender in payment of debts. But it is said that the law is in conflict with the spirit if not the letter of several provisions of the Constitution. Undoubtedly it is a law impairing the obligation of contracts made be fore its passage. But while the Constitution forbids the States to pass such laws it does not forbid Congress. On the contrary, Congress is expressly authorized to establish a uniform sys tem of bankruptcy, the essence of which is to discharge debtors from the obligation of their contracts ; and in pursuance of this power Con gress has three times passed such a law, which in every instance operated on contracts made before it was passed. Such a law is now in force, yet its constitutionality has never been questioned. How it can be in accordance with the spirit of the Constitution to destroy directly the creditor's contract for the sake of the indi vidual debtor, but contrary to its spirit to affect remotely its value for the safety of the nation, it is difficult to perceive. So it is said that the provisions, that private property shall not be taken for public use with out due compensation, and that no person shall be deprived of life, liberty, or property without due course of law, are opposed to the acts under consideration. The argument is too 'vague for my perception by which the indirect effect of a great public meas ure, in depreciating the value of lands, stocks, bonds, and other contracts, renders such a law invalid as taking private property for public use or as depriving the owner of it without due course of law. A declaration of war with a maritime power would thus be unconstitutional, because the value of every ship abroad is lessened twenty-five or thirty per cent, and those at home almost as much. The abolition of the tariff on iron or sugar would in like manner destroy the furnaces, and sink the capital employed in the manufacture of these ar ticles. Yet no statesmen, however warm an ad vocate of high tariff, has claimed that to abolish such duties would be unconstitutional as taking private property. If the principle be sound, every successive issue of government bonds during the war was void, because by increasing the public debt it made those already in private hands less valuable. This whole argument of the injustice ofthe law, an injustice which, if it ever existed, will be repeated by now holding it wholly void and of its opposition to the spirit of the Constitution, is too abstract and intangible for application to courts i.f justice, and is above all dangerous asu ground on whioh to declare the legislation of Con- JUDICIAL DECISIONS, ETC. 523 gress void by the decision of a court. It would .authorize this court to enforce theoretical viewB of the genius of the government, or vague notionB of the spirit of the Constitution and of abstract justice, by declaring void laws which did not square with those views. It substitutes our ideas of policy for judicial construction, an undefined code of ethics for the Constitution, and a court of justice for the national legislature. . Upon the enactment of these legal-tender law6 they were received with almost universal acqui escence as valid. Payments were made in the legal-tender notes for debts in existence when the law was passed to the amount of thousands of millions of dollars, though gold was the only law ful tender when the debts were contracted. A great if not larger amount is now due under con tracts made since their passage, under the belief ¦that these legal tenders would be valid payment. The two houses of Congress, the President who signed the bill, and fifteen State courts, being all but one that has passed upon the question, have expressed their belief in the constitutionality of these laws. With all this great weight of authority, this strong concurrence of opinion among those who have passed upon the question, before we have been called to decide it, whose duty it was as much as.it is ours to pass upon it in the light of the'Oonstitution, are we to reverse their action, to disturb contracts, to declare the law void be cause the necessity for its enactment does not appear so strong to us as it did to Congress, or so Clear as it was to other courts? Such is not my idea of the relative functions of the legislative and judicial departments of the Government. Where there is a choice of means, ¦the selection is with Congress, not the court. If the act to be considered is in any sense essential to the execution of an acknowledged power, the degree of that necessity is for the legislature and not for the court to determine. In the case iu Wheaton, from which I have already quoted so fully, the court says that "where the law is not prohibited, and is really calculated to effect any of the objects intrusted to the Government, to undertake here to inquire into the degree of its necessity would be to pass the line which circum scribes the judicial department, and to tread on legislative ground. This court disclaims all pre tences to such a power." This sound exposition of the duties of the court in this class of cases relieves me from any embarrassment or hesitation in the case before me. If I had entertained doubts of the constitutionality of the law, I must have held the law valid until those doubts became con victions. But as I have a very decided opinion that Congress acted within the scope of its au thority, I must hold the law to be constitu tional, and dissentfrom the opinion of the court. I am authorized to say that Mr. Justice Swayne and Mr. Justice Davis concur in this opinion. ^Noit— When this decision was made the court con- ' Stated of eight judges, there being one vacancy, caused : by the death of Judge Wayne, of Georgia. Theflvewho. concurred iathe decision are Chief Justice Chase and Associate Justices Nelson, Clifford, Grier, and Field. Ui these, the first three are understood to hold thele- .E«-tender clause unconstitutional for all purposes, and the latter two as unconstitutional as to prior con tracts only. Since the decision was pronounced, Associate Jus tices Strong and Bradley have been added to the bench, the former in place of Associate Justice Grier, the latter in placo of Associate Justice Wayne. There is a strung impression that the full courtwill reverse tho above decision whenever a case involving the ques tion may arise.— E. McP. On the Eight of the United States Government to Tax State Banks. Decembee Teew, 1869 The President, Directors, and' Company of the Veazie Bank, plaintiffs, vs. Jeremiah Fenno, collector of internal revenue. Certificate of division in opinion between the j udges of the cir cuit court of the Uni ted States for the dis trict of Maine. Mr. Chief Justice Chase delivered the opinion of the court. The necessity of adequate provision for the financial exigencies created by the late rebellion suggested to the administrative and legislative de partments of the Government important changes in the systems of currency and taxation which had hitherto prevailed. These changes, more or less distinctly shown in administrative recom mendations, took form and substance in legisla tive acts. We have now to consider, within a limited range, those which relate to circulating notes aud the taxation of circulation. At the beginning of the rebellion the circulat ing medium consisted almost entirely of bank notes issued by numerous independent corpora tions variously organized under State legislation, of various degrees of credit, and very unequal resources, administered often with great, and not unfrequently with little skill, prudence, and in tegrity. The acts of Congress then in force pro hibiting the receipt or disbursement, in the trans actions of the national Government, of anything except gold and silver, and the laws of the States requiring the redemption of bank notes in coin on demand, prevented the disappearance of gold and silver from circulation. There was then no national currency except coin ; there was no general* regulation of any other by national legislation, and no national taxation was im posed in any form on the State bank circula tion. The first act authorizing the emission of notes by the Treasury Department for circulation was that of July 17, 1861.+ The notes issued under this act were treasury notes, payable on demand in coin. The amount authorized by it was fifty millions of dollars, and was increased by the act of February 12, 1862.J to sixty millions. On the 31st of December, 1861, the State banks suspended specie payment. Until this time the expenses of the war had been paid in coin, or in the demand notes just referred to, and for some time afterwards they continued to be paid in these notes, which, if not redeemed in coin, were received as coin in the payment of duties. Subsequently, on the 25th of February, 1862, \ a new policy became necessary in consequence of tbe suspension and of the condition of the country, and was adopted. The notes hitherto issued, as has just been stated, were called treas- * See the act of December 27, 1854, to suppress small notes in the District of Columbia, 10 U. S. Stats., 599. +12 U. s: State., 259. $12 U. S. Stats., 338. J 12 U. %. Stats., 345. 524 POLITICAL MANUAL. ury notes, and were payable on demand in coin. The act now passed authorized the issue of bills for circulation under the name of United States notes, made payable to bearer, but not expressed to be payable on demand, to the amount of $150 000,000 ; and this amount was increased by subsequent acts to $450,000,000, of which $50,- 000,000 were to be held in reserve, and only to be issued for a special purpose, and under special directions as to their withdrawal from circulation* These notes, until after the close of the war, were always convertible into or receivable at par for bonds payable in coin, and bearing coin interest, at a rate not less than five per cent., and the acts by which they were authorized declared them to be lawful money and a legal tender. , This currency, issued directly by the Govern ment for the disbursement of the war and other expenditures, could not, obviously, be a proper object of taxation. But on the 25th of February, 1863, the act authorizing national banking associations! was passed, in which, for the first time during many years, Congress recognized the expediency and duty of imposing a tax upon currency. By this act a tax of two per cent, annually was imposed on the. circulation of the associations authorized by it. Soon after, by the act of March 3, 1863, J a similar but lighter tax of one per cent, an nually was imposed on the circulation of State banks in certain proportions to their capital and of two per cent, on the excess ; and the tax on the national associations was reduced to the same rates. Both acts also imposed taxes on capital and , deposits, which need not be noticed here. At a later date, by the act of June 3, 1864, \ which was substituted for the act of February 25, 1863, authorizing national banking associa tions, the rate of tax on circulation was continued and applied to the whole amount of it, and the shares of their stockholders were also subjected to taxation by the States ; and a few days after wards, by the act of June 30, 1864,|| to provide ways and means for the support of the Govern ment, the tax on the circulation of the State banks was also continued at the same annual rate of one per cent., as before, but payment was required in monthly installments ot one-twelfth of one per cent., with monthly reports from each State bank of the amount in circulation. It can hardly be doubted that the object of this provision was to inform the proper authorities of the exact amount of paper money in circulation, with a view to its regulation by law. The first step taken by Congress in that direc tion was by the act of July 17, 1862,^[ prohibit ing the issue and circulation of notes under one dollar by any person or corporation. The act just referred to was the next, and it was followed some months later by the act of March 3, 1865, amendatory of the prior internal revenue acts, the 6th section of which provides : " That every national banking association, State bank, or State banking association, shall pay a tax of ten per centum on the amount of the notes of any State * Act of July 11, 1862, 12 U. S. Stats., 532 j aot of March S, 1863, 12 U. S. Slats., 710. + 12 U. S. Stats., 670. \ 12 U. S. Stats., 712. 813 U.S. Stats., 111. ] 13 U. S. Stats., 277. U 12 U.S. Stats, 592. bank or. State banking association paid out by them after the 1st day of July, 1866."* -'< The same provision was re-enacted, with a more extended application, on the 13th of July, 1866, in these words : " Every national banking association, State bank, or State banking asso ciation, shall pay a tax often per centum on the amount of notes of any person, State bank,- or State banking association, used for circulation and paid out by them after the 1st day of August, 1866, and such tax shall be assessed and paid in such manner as shall be prescribed by the Com missioner of Internal Bevenue."f The constitutionality of this last provision is now drawn in question, and this brief statement of the recent legislation of Congress has been made for the purpose of placing in a clear light its scope and bearing, especially as developed in the provisions just cited. It will be seen that' when the policy of taxing bank circulation was first adopted in 1863, Congress was inclined to discriminate for, rather than against, the circu lation of the State banks; but that when the country had been sufficiently furnished with a national currency by the issue of United States' notes and of national bank notes, the discrimi nation was turned, and very decidedly turned, in the opposite direction. The general question now before us is, whether or not the tax of ten per cent., imposed on State banks or national banks paying out the notes of individuals or State banks used for circulation, is repugnant to the Constitution of the United- States. It is presented by a certificate of division of opinion between the judges of the circuit court ol the United States for the district of Maine, in a suit brought by the President, Directors, and Company of the Veazie Bank against Jeremiah Fenno, collector of internal revenue, for the re covery of the tax, penalty, aud costs paid by the bank to the collector under protest and to- avoid distraint. The Veazie Bank is a corporation chartered by the State of Maine, with authority to issue bank notes for circulation, and the notes on which the tax imposed by the act was collected were issued' under this authority. There is nothing in the case showing that the bank sustained any rela tion to the State as a financial agent, or that its authority to issue notes was conferred or exer cised with any Bpecial reference to other than private interests. The case was presented to the circuit court- upon an agreed statementof facts; and upon a prayer for instructions to the jury the judges1 iound themselves opposed in- opinion on three questions, the first of which is this : " Whether the Becond clause of the 9th section3 of the act of Congress of the 13th of July, 1866, under which the tjjix in this case was levied and collected, is a valid and constitutional law?" The other two questions differ from this in form only, and need not be recited. In support of the position that the act of Con gress, so far as it provides for the levy and col lection of this tax, is repugnant to the ConstiW." tion, two propositions have been argued with much force and earnestness. ? 13 U. S. Stats., 484. tHU.S.S.tats., 146. JUDICIAL DECISIONS, ETC. 525 The first is that the tax in question is a direct tax, and has not been apportioned among the States agreeably to the Constitution. The second is that the act imposing the tax impairs a franchise granted by the State, and that Congress has no power to pass any law with that intent or effect. The first of these propositions will be first ex amined. 'The difficulty of defining with accuracy the terms used in the clause of the Constitution which confers the power of taxation upon Congress was felt in the convention which framed that instru ment, and has always been experienced by courts when called upon to determine their meaning. The general intent of the Constitution, bow- ever, seems plain. The general government, ad ministered by the congress of the Confederation, had been reduced to the verge of impotency by the necessity of relying for revenue upon requi sitions on the States, and it was a leading object in the adoption of the Constitution to relieve the government to be organized under it from this necessity, and confer upon it ample power to provide revenue by the taxation ot persons and property. And nothing is clearer, from the dis cussions in the convention and the discussions which preceded final ratification by the neces sary number of States, than the purpose to give this power to Congress, as to the taxation of everything except exports, in its fullest extent. This purpose is apparent, also, from the terms in which the taxing power is granted. The power is "to lay and collect taxes, duties, im posts, and excises, to pay the debt and provide tor the common defence and general welfare of the United States." More comprehensive words could not have been used. Exports only are by another provision excluded from its application. There are, indeed, certain virtual limitations arising from the principles of the Constitution itself. It would undoubtedly be an abuse of the power if so exercised as to impair the separate existence and independent self-government* of the States, or if exercised for ends inconsistent with the limited grants of power in the Consti- tion. And there are directions as to the mode of ex ercising the power. If Congress sees fit to impose a capitation or other direct tax, it must be laid in proportion to the census; if Congress deter mines to impose duties, imposts, and excises, they must be uniform throughout the United States These are not strictly limitations of power. They are rules prescribing the mode in which it shall beexercised. It still extends to every object of taxation except exports, and may be applied to every object of taxation to which it extends in such measure as Congress may determine. ,. The comprehensiveness of the power thus given to .Congress may serve to explain, at least, the absence of any attempt by members of the con vention to define, even in debate, the terms of the grant. The words used certainly describe the whole power, and it was the intention of the convention that the whole power should be con ferred. The definition oi particular words there fore became unimportant. •County 0f Lane v. State of Oregon, 7 Wall., 73. It may be said, indeed, that this observation, however just in its application to tbe general grant of power, cannot be applied to the rules by which different descriptions of taxes are directed to be laid and collected. Direct taxes must be laid and collected by the rule of apportionment ; duties, imposts, and excises must be laid and collected under the rule of uni formity. Much diversity of opinion has always prevailed upon the question, what are direct taxes? At tempts to answer 'it by reference to the defini tions of political economists have been frequently made, but without satisfactory results. The enu meration of the different kinds of taxes which Congress was authorized to impose was probably made with very little reference to their specula tions. The great work of Adam Smith, the first comprehensive treatise on political economy in the English language, had then been recently published ; but in this work, though there are passages which refer to the characteristic differ ence between direct and indirect taxation, there is nothing which affords any valuable light on the use oi the words direct taxes in' the Consti tution, We are obliged, therefore, to resort to historical evidence, and to seek the meaning of the words in the use and in the opinion of those whose re lations to the government and means of knowl edge warranted them in speaking with authority. And, considered in this light, the meaning and application of the rule as to direct taxes appears to us quite clear. It is, as we think, distinctly shown in every act of Congress on the subject. In each of these acts a gross sum was laid upon the United States, and the total amount was ap portioned to the several States according to their respective numbers of inhabitants, as ascertained by the last preceding census. Having been ap portioned, provision was made for the imposition of the tax upon the subj ects specified in the act, fixing its total sum. In 1798, when the first direct tax was imposed, the total amount was fixed at $2,000,000;* in 1813, the amount of the second direct tax was fixed at $3,000,000 ;+ in 1815, the amount ofthe third at $6,000,000, and it was made an annual tax;J in 1816, the provision making the tax an nual was repealed by the repeal of the 1st section of the act of 1815, and the total amount was fixed for that year at $3,000,000.{j No other direct tax was imposed until 1861, when a direct tax of $20,000,000 was laid and made annual ;|| but the provision making it annual was suspended, and no tax except that first laid was ever appor tioned. In each instance the total sum was ap portioned among the States by the constitutional rule, and was assessed at prescribed rates on the subjects of the tax. These subjects in 1798,Tf 1813,** 1815,++ 1816,+4 were lands, improve ments, dwelling-houses, and slaves; and in 1861 lands, improvements, dwelling-houses only. Un der the act of 1798, slaves were assessed at fifty * Act of July 14, 1798, 1 U. S. Stats., 597. + Act of Au- ;ust 2, 1813, 3 U S. Stats , 53. % Act of July 9, 1815, 3 U. I. Stats., 164. § Act of March 5, 1816, 3 U. S. Stats., 255. ,, Act of August 5, 1861, 12 U. S. Stats., 294. If Act of July 9, 1798, 1 U.S. Stats., 586. ** Act of July 22, 1813, 3 U. 8. Stats., 26. t+3 U.S. Stats., 166. £3 U.S. Stats., 256. 526 POLITICAL MANUAL. cents on eacn ; under the other acts, according to valuation by assessors. This review shows that personal property, Con tracts, occupations, and the like, have never been regarded by Congress as pl-oper subjects of direct tax. It has been supposed that slaves must be considered as an exception to this observation. But the exception is rather apparent than real. As personB, slaves were proper subjects of a capi tation tax, which is described in the Constitution as a direct tax ; as property,, they were by the laws of some, if not most, of the States classed as real property, descendible to heirs. Under the first view, they would be subject to the tax of 1798 as a capitation tax ; under the latter, they would be subject to the taxation of the other years as realty. That the latter view was that taken by the framers of the acts after 1798 be comes highly probable, when it is considered that in the StateB where slaves were held much of the value which would otherwise have attached to land passed into the slaves. If indeed the land only had been valued without the slaves, the land would have been subject to much heavier proportional imposition in those States than in States where there were no slaves ; for the pro portion of tax imposed on each State was deter mined by population, without reference to the Bubjects on which it was to be assessed. The fact, then, that slaves were valued under the acts referred to, far from showing, as some have supposed, that Congress regarded personal property as a proper object of direct taxation under the Constitution, shows only that Congress, after 1798, regarded slaves, for the purpose of taxation, as realty. It may be rightly affirmed, therefore, that in the practical construction of the Constitution by Congress, direct taxes have been limited to taxes on land and appurtenances, and taxes on polls, or capitation taxes. _ And this construction is entitled to great con sideration, especially in the absence of anything adverse to it in the discussions of the convention which framed and of the conventions which rati fied the Constitution. What does appear in those discussions, on the contrary, supports the construction. Mr. Madi son, says Mr. King, asked what was the precise meaning of direct taxation, and no one answered. On another day, when the question of "propor tioning representation to taxation, and both to the white and three-fifths of the slave inhabit ants, was under consideration, Mr. Ellsworth said: "In case of a poll-tax, there would be no difficulty ;" and, speaking doubtless of direct tax ation, he went on to observe, " The sum allotted to a State may be levied without difficulty, ac cording to the plan used in the State for raising its own supplies. All this doubtless shows un certainty as to the true meaning of the term direct tax ; but it indicates also an understand ing that direct taxes were such as may be levied by capitation, and on lands and appurtenances ; or, perhaps, by valuation and assessment of per- aonal property upon general lists; for these wore the subjects from which the States at that time usually raised their principal sup plies. This view received the sanction of this court two years before the enactment of the first law imposing direct taxes eo nomine. During the February term, 1796, the constitu tionality of the act of 1794, imposing a duty "on carriages, came under consideration in the case of Hylton vs. The United States.* Suit was brought by the United States against Daniel Hylton to recover the penalty imposed by the act for not returning ana paying duty on a num ber of carriages for the conveyance of persons'. kept by the defendant for his own use. The iaw did not provide for the apportionment of the tax, and, if it was a direct tax, the law was confess edly unwarranted by the Constitution. The onl^ question in the case, therefore, was whether or not the tax was a direct tax. The case was one of great expectation, and a general mterest was felt in its determination. It was argued, in support of the tax, by Lee, At torney General, and Hamilton, recently Secre tary of the Treasury ; in opposition to the tax, by Campbell, attorney for the Virginia district, and Ingersoll, attorney general of Pennsylvania. Of the justices who then filled this bench, Ells worth, Paterson, and Wilson had been members, and conspicuous members, of tbe constitutional convention, and each of the three had taken part in the discussions relating to direct taxa^ tion. Ellsworth, the chief justice, sworn into office that morning, not having heard the whole argument, declined taking part in the decision. Cushing, senior associate justice, having been prevented by indisposition from attending to the argument, also refrained from expressing an opinion. The other judges delivered their opin ions in succession, the youngest in commission delivering the first, and the oldest the last. They all held that the tax on carriages was not a direct tax within the meaning of the Con stitution. Chase, J., was inclined to think that the direct taxes contemplated by the Constitu tion are only two : a capitation or poll tax, and a tax on land. He doubted whether a tax by a general assessment of personal property can be included within the term direct tax. Paterson, who had taken a leading part in the constitu tion convention, went more fully into the sense in which the words giving the power of taxa tion were used by that body. In the cdurse of this examination he said: " Whether direct taxes, in the sense of the Con stitution, comprehend any other tax than a capi tation tax and tax on land is a questionable point. If Congress, for instance, should tax, in the aggregate or mass, things that generally per vade all the States in the Union, then, perhaps, the rule of apportionment would be the most proper, especially if an assessment was to inter vene. This appears from the practice of some of the States to nave been considered as a direct tax. Whether it be so under the Constitution of the United States is a matter of some difficulty; but as it is not before the court, it would be im proper to give any decisive opinion upon it. I never entertained a doubt that the principal— I will not say the only — objects that the framers of the Constitution contemplated as falling within the rule of apportionment were a capitation tax and a tax on land."+ *3 Dall., 171. t3Dall.,177. JUDICIAL DECISIONS, ETC. 6JJ7 Iredell, delivering his opinion at length, con curred generally in the views of Justices Chase and Paterson. Wilson had expressed his opin ions to the same general effect when giving the decision upon the circuit, and did not now repeat them. Neither Chief Justice Ellsworth nor Jus tice Cushing expressed any dissent; and it can not be supposed if, in a case so important, their judgments had differed from those announced, that an opportunity would not have been given them by an order for reargument to participate in the decision. It may be safely assumed, therefore, as the unanimous judgment of the court, that a tax on carriages is not a direct tax. And it may further be taken as established, upon the testimony of Paterson, that the words direct taxes, as used in the Constitution, comprehended only capitation taxes and taxes on land, and perhaps taxes on personal property by general valuation and as sessment of the various descriptions possessed' within the several States. It follows necessarily that the power to tax without apportionment extends to all other ob jects. Taxes on other objects are included under the heads of taxes not direct, duties, imposts, and excises, and must be laid and collect*! by the rule of uniformity. The tax under consideration is a tax on bank circulation, and may very well be classed under the head of duties. Certainly it is not in the sense of the Constitution a direct tax. It may be said to come within the same category of taxation as the tax on incomes of insurance companies, which this court, at the last term, in the case of Soule vs. the Insurance Company * held not to be a direct tax. Is it, then, a tax on a franchise granted by a State, which Congress, upon any principle ex empting the reserved powers of the States from impairment by taxation, must be held to have no authority to lay and collect ? We do not say that there may not be such a tax. It may be admitted that the reserved rights of the States, such as the right to pass laws, to give effect to laws through executive action, to administer justice through the courts, and to em ploy all necessary agencies for legitimate pur poses of State government, are not proper sub jects of the taxing power of Congress. But it cannot be admitted that franchises granted by a State are necessarily exempt from taxation ; for franchises are property, often very valuable and productive property; and, when not conferred lor the purpose of giving effect to some reserved power of a State, seem to be as properly objects of taxation as any other property. But in the case before us the object of taxation is not the franchise of the bank, but property created or contracts made and issued under the franchise or power to issue bank bills. A rail road company, in the exercise of its corporate franchises, issues freight receipts, bills of lading, and passenger tickets; and it cannot be doubted that the organization of railroads is quite as im portant to the State as the organization of banks. Jut it will hardly be questioned that these con tracts of the company are objects of taxation 7 Wall., 453. within the powers of Congress, and not exempted by any relation to the State which granted the charter Of the railroad. And it seems difficult to distinguish the taxation of notes issued for circulation from the taxation of these railroad 'contracts. Both descriptions of contracts are means of profit to the corporations which issue them ; and both, as we think, may properly be made contributory to the public revenue. It is insisted, however, that the tax in the case before us iB excessive, and so excessive as to in dicate a purpose on the part of Congress to de stroy the franchise of the bank, and is, therefore, beyond the constitutional power of Congress. The first answer to this is that the judicial cannot prescribe to the legislative departments of the government limitations upon the exercise of its acknowledged powers. The power to tax may be exercised oppressively upon persons, but the responsibility of the legislature is not to the courts, but to the people by whom its members are elected. So if a particular tax bears heavily upon a corporation or- a class of corporations, it cannot, for that reason only, be pronounced con trary to the Constitution. But there is another answer which vindicates equally the wisdom and the power of Congress. It cannot be doubted that under the Constitu tion the power "to provide a circulation of coin is given to Congress. And it is settled by the uniform practice of the Government and by re peated decisions, that Congress may constitu tionally authorize the emission of bills of credit. It is not important here to decide whether the quality of legal tender in payment of debts can be constitutionally imparted to these bills ; it is enough to say that there can be no question of the power of the Government to emit them, to make them receivable in payment of debts to itself, to fit them for use by those who see fit to use them in all the transactions of commerce, to provide for their redemption, to make them a currency uniform in value and description, and convenient and useful for circulation. These powers until recently were only partially and occasionally exercised. Lately, however, they have been called into full activity, and Congress has undertaken to supply a currency for the en tire country. The methods adopted for the supply of this currency were briefly explained in the first part of this opinion. It now consists of coin, of United States notes, and of the notes of the na tional banks. Both descriptions of notes may be properly described as bills of credit, for both are furnished by the government; both are issued on the credit of the government, and the govern ment is responsible for the redemption of both; primarily as to the first description, and imme diately upon default of the bank as to the second. When these bills shall be made convertible into coin at the will of the holder, this currency will perhaps satisfy the wants of the community in respect to a circulating medium as perfectly as any mixed currency that can be devised. Having thus, in the exercise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally 528 POLITICAL MANUAL. secure the benefit of it to the people by appro priate legislation. To this end Corigress has de nied the quality of legal tender to foreign coins, and has provided by law againstthe imposition of counterfeit and base coin on, the community. To the same end Congress may restrain by suit able enactments the circulation as money of any notes not issued under its own authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile. Viewed in this light, as well as in the other light of a duty on contracts or property, we can not doubt the constitutionality of the tax under consideration. The three questions certified from the circuit court of the district of Maine must therefore be answered affirmatively. Dissenting Opinion. Mr. Justice Nelson dissenting. I am unable to concur in the opinion of a ma jority of the court in this case. The Veazie Bank was incorporated by the Legislature of the State of Maine in 1848, with a capital of $200,000, and was invested with the customary powers of a banking institution ; and among others the power of receiving deposits, discounting paper, and issuing notes or bills for circulation. The constitutional authority of the State to create these institutions, and to invest them with full banking powers, is hardly denied. But it may be useful to recur for a few moments to the source of this authority. The Xth amendment to the Constitution is as follows: "The powerB not delegated to the Uni ted States by the Constitution, nor prohibited by it to the States, are reserved to the States respect ively or to the people." On looking into the Constitution it will be found that there is no clause or provision which, either expressly or by reasonable implication, delegates this power to the federal Government, which originally belong ed to the States, nor which prohibits it to them. In the discussions on the subject of the creation of the first bank of the United States in the first Congress and in the Cabinet of Washington, in 1790 and 1791, no question was made as to the constitutionality of the State banks. The only doubt that existed, and which divided the opin ion of the most eminent statesmen of the day, many of whom had just largely participated in the formation of the Constitution, the govern ment under which they were then engaged in organizing, was, whether or not Congress pos sessed a concurrent power to incorporate a bank ing institution of the United States. Mr. Hamilton, in his celebrated report qn a national bank to the House of Representatives, discusses at some length the, question whether or not it would be expedient to substitute the Bank of North America, located in Philadelphia, and which had accepted a charter from the Legisla ture of Pennsylvania, in the place of organizing a new bank. And, although he finally came to the conclusion to organize a new one, there is not a suggestion or intimation as to the illegality or unconstitutionality of this State bank. The act incorporating this bank, passed Febru ary 25, 1791, prohibited the establishment of any other by Congress during its charter, but said nothing as to the State banks. A like prohibi tion is contained in the act incorporating the Bank ofthe United States of 1816. The consti tutionality of a bank incorporated by Congress was first settled by the judgment of this court in MoCulloch vs. The State of Maryland, in 1819. (4 Wheat., p. 316.) In that case both the counsel and the coiirt recognize the legality and consti tutionality of banks incorporated by1 the States. The constitutionality of the Bank of the United States was again discussed and decided in the case of Osborn vs. United States Bank, (9 Wheat., 738.) And in connection with this was argued and decided a point in the case of the United States Bank vs. The Planters' Bank of Georgia, which was common to both cases. The question was whether the circuit courts of the United States had jurisdiction of a suit brought by the United States Bank against the Planters' Bank of Georgia, incorporated by that State, and in which the State was a. stockholder. (9 Wheat., pp. 804-904.) The court held in both cases that it had. Since the adoption of the Constitution down to the present act of Congress and the case now before us, the question in Congress and in the courts has been, not whether the State banks were con stitutional institutions, but whether Congress had the power conferred on it by the States to estab lish a national bank. As we have said, that question was closed by the judgment of this court in McCulloch to. The State of Maryland. At the time of the adoption of the Constitution there were four State banks in existence and in opera tion — one in each of the States of Pennsylvania, New York, Massachusetts, and Maryland. The one in Philadelphia had been originally chartered by the Confederation, but subsequently took a charter under the State of Pennsylvania. The framers of the Constitution were, therefore, fami liar with these State banks and the circulation of their paper as money, and were also familiar with the practice of the States, that was so com mon, to issue bills of credit, which were bills issued by the State exclusively on its own credit, and intended to circulate as currency, redeem able at a future day. They guarded the people against the evils of thiB practice of the State gov ernments by the provision in the 10th section of the first article, " that no State shall" " emit bills of credit," and in the same section guard against anj abuse of paper money pf tbe State banks, in the following words: " Nor make anything but gold and silver coin a tender in payment of debts." As bills of credit were thus entirely abolished, the paper money of the State banks was the only currency or circulating medium to which this prohibition could have had any applif cation, and was the only currency, except gold and silver, left to the States. The prohibition took from this paper all coercive legislation, and left it to stand alone upon the credit of the banks. It was no longer an irredeemable currency, as the banks were under obligation, and including', frequently, that of its stockholders, to' redeem their paper in circulation in gold or silver at the JUDICIAL DECISIONS, ETC. 529 counter. The State banks were left in this con dition by the Constitution, untouched by any other provision. As a consequence they were gradually established in most or all of the States, and had not been encroached upon or legislated against, or in any other way interfered with by acts of Congress, for more than three-quarters of a century — from 1787 to 1864. But, in addition to the above recognition of the State banks, the 'ij-uestion of their constitutionality came directly •Before this court in the case of Briscoe vs. The Bank of the Commonwealth of Kentucky. (11 Pet , 267.) The case was most elaborately discussed both by the counsel and the court. The court, after the fullest consideration, held that the States possessed the power to grant charters to State hanks; that the power was incident to sovereign ty; and that there was no limitation in the fed eral Constitution on its exercise by the States. The court observed that the Bank of North Amer ica and of Massachusetts, and some others, were in operation at the time of the adoption of the Constitution, and that it could not be supposed the notes of these banks were intended to be in hibited by that instrument, or that they were considered as bills of credit within its meaning. All the judges concurred in this judgment except Mr. Justice Story. The decision in this case was affirmed in Woodruff to. Trapnall, (10 How., 205 ;) in Danington to. the Bank of Alabama, ( 13 ib., 12;) and in Curran vs. State of Arkansas, (15 ib., 317.) •'tphancellor Kent observes that Mr. Justice Sto ry, in his Commentaries on the Constitution, (vol. 3, p. 19,) seems to be of opinion that, independ ent of the long-continued practice, from the time of the adoption of the Constitution, the States would not, upon a sound construction of the Con stitution, if the question was res integra, be au thorized to incorporate banks with a power to circulate bank paper as currency, inasmuch as they are expressly prohibited from coining money. He cites the opinions of Mr. Webster, of the Sen ate of the United States, and of Mr. Dexter, for merly Secretary of War, on the same side. But, the chancellor observes, the equal if not the greater authority of Mr. Hamilton, the earliest Secretary of the Treasury, may be cited in sup port of a different opinion ; and the contemporary sense and uniform practice of the nation are de cisive of the question. He further observes, the prohibition (of bills of credit) does not extend to bills emitted by individuals, singly or collectively, whether associated under a private agreement for banking purposes, as was the case with the Bank of New York prior to its earliest charter, which was in the winter of 1791, or acting under a char ter of incorporation, so long as the State lends not its credit, or obligation, or coercion to sustain the circulation. In the case of Briscoe vs. The Bank of the Com monwealth of Kentucky, he observes this question was put at rest by the opinion of the court, that there was no limitation in the Constitution on the power of the States to incorporate banks, and their notes were not intended nor were considered as Ulh of credit. (1 Kent's Com., p. 409, marg. note A, 10th ed.) "The constitutional power of the States being 34 thus established by incontrovertible authority to create State banking institutions, the next ques tion is whether or not the tax in question can be upheld consistently with the enjoyment of this power. The act of Congress of July 13, 1866, (14 U. S. Stats., 146, 1 9,) declares that the State banks shall pay ten per centum on the amount of their notes, or the notes of any person, or other State bank, used for circulation and paid out by them after the 1st of August, 1866. Ih addition to- this tax there is also a tax of five per centum per annum upon all dividends to stockholders, (13 U. S. Stats., p. 283, 1 120,) besides a duty of one twenty-fourth of one per centum monthly upon all deposits, and the same monthly duty upon the capital of the bank. ( lb., 277, \ 110. ) This makes an aggregate of some sixteen per cent, imposed annually upon these banks. It will be observed the tax of ten per centum upon the bills in circulation is not a tax on tbe property of the institutions. The bills in circulation are not the property, but the debts of the bank, and, in their account of debits and cred its, are placed to the debit side. Certainly no gov ernment has yet made the discovery of taxing both sides of this account, debit and credit, as the property of a taxable person or corporation. If both these items could be made available for this purpose a heavy national debt need not create any very great alarm, neither as it respects its pressure on the industry of the country, for the time being, or of its possible duration. There is nothing in the debts of a bank to distinguish them in this respect from the debts of individuals or persons. The discounted paper received for the notes in circulation is the property of the bank, and is taxed as such, as is the property of indi viduals received for their notes that may be out standing. The imposition upon the banks cannot be up held as a tax upon property ; neither could it have been so intended. It is simply a mode by which the powers or faculties of the States to in corporate banks are subjected to taxation, and! which, if maintainable, may annihilate those- powers. No person questions the authority of Congress ' to tax the property of the banks, and of all other corporate bodies of a State, the same as. that of individuals. They are artificial bodies, representing the associated pecuniary means of real persons, which constitute their business capi tal, and the property thus invested is open and subject to taxation with all the property, real and personal, of the State. A tax upon this property, and which, by the Constitution,, is to be uniform, affords full scope to the taking power of the federal Government, and is consistent with the power of the States to create the banks, and, in our judgment, is the only subject of tax ation by this Government to which these insti tutions are liable. As we have seen, in the forepart of this opin ion, the power to incorporate banks was not surrendered to the federal Government, but re served to the States; and it follows that the Constitution itself protects them, or should pro tect them, from any encroachment upon this right. As to the powers, thus reserved, the. 530 POLITICAL MANUAL. States are as supreme as before they entered into the Union, and are entitled to the unrestrained exercise of them. The question as to the taxa tion of the powers and faculties belonging to governments is not new in this court. The ' bonds of the federal Government have been held to be exempt from State taxation. Why ? Be cause they were issued under the power in the Constitution to borrow money, and the tax would be a tax upon this power ; and, as there can be no limitation to the extent of the tax, the power to borrow might be destroyed. . So, in the instance of the United States notes or legal ten ders, as they are called, issued under a construc tive power to issue bills of credit, as no express power is given in the Constitution, they are ex empt from State taxation for a like reason as in the case of Government bonds ; and we learn from the opinion of the court in this case that one step further is taken, and that is, that the notes of the national banks are to be regarded as bills of credit, issued indirectly by the Gov ernment; and it follows of course from this that the banks used as instruments to issue and put in circulation these notes are also exempt. We are not complaining of this. Our purpose is to 'Show how important it is to the proper pro tection of the reserved rights of the State's that these powers and prerogatives should be exempt from federal taxation, and how fatal to their ex istence if permitted: And also that, even if this tax could be regarded as one upon property, still, under the decisions above referred to, it would be a tax upon the powers and faculties of the States to create these banks, and therefore unconstitutional. It is true that the present decision strikes only at the power to create banks, but no person can iail to see that the principle involved affects the rpower to create any other description of corpora- 'fions, such as railroads, turnpikes, manufacturing cOempanies, and others. '/This taxation of the powers and faculties of i -the State governments, which are essential to f'fcheir sovereignty and to the efficient and inde- ' petfdent management and administration of their internal affairs, is for the first time advanced as , an, .attribute of federal authority. It finds no support or countenance in the early history of thg. government or in the opinions of tbe illus trious statesmen who founded it. These states men secupulously abstained from any encroach ment, upon the reserved rights of the. States, and n-within- these limits sustained and supported them as sovereign States. We say nothing as to the purpose of this heayy tax of some sixteen per centum upon the banks, ten of which we cannot but regard as im posed i upon the power of the States to create them ; indeed the purpose is scarcely concealed ¦ in the opinion of the court, namely, to encourage the national banks. It is sufficient to add, that tho burden .of the tax, while it has encouraged these banks, has proved fatal to those of the States ; and, if we are at liberty to judge of the purpose of -an action from the consequences that have followed it, it is not, perhaps, going too far to say that these consequences were intended. [I am instructed to say that Mr. Justice Davis .-concurs in .this, opinion.] On the Right of the State Governments to Tax National Banks. Decembee Teem, 1869. The First National Bank of Louis-"! In error tn ihe ville, plaintiff in error, I court of appeals vs. | of the State of The Commonwealth of Kentucky. J Kentucky. Mr. Justice Miller delivered the opinion of the court. • This is an action brought by the State of Ken tucky in her own courts against the First Na tional Bank of Louisville to recover the amount of a tax of fifty cents per share on the shares ot its stock. The case resulted in a judgment in favor of the commonwealth in the court of ap peals, to which this writ of error is prosecuted. The suit is brought, according to the practice of the courts of. tbat State, by a petition, setting forth the amount of the. tax, and claiming a judg ment for the same. The answer, by the same mode of practice, sets up four distinct defenses to the action. These are: 1. That defendant is not organized under the law of the State, but under the bank act of the Jnited States, and is not, therefore, subject to State taxation. 2. That it has been selected and is acting as a depositary and financial agent of the Government of the United States, and, therefore, is not liable to any tax whatever, either on the bank, its capi tal, or its shares. 3. That its entire capital is invested in secu rities of the Government of the United States, and that its shares of stock represent but an in terest in said securities, and therefore are not subject to State taxation. .4. That the shares of the stock are the prop erty of the individual shareholders, and that the, bank cannot be made responsible for a tax levied on those shares, and cannot be compelled to col lect and pay such tax to the State. In the several recent decisions concerning the taxation of the shares of the national banks, as regulated by sections forty and forty-one of the act of Congress of June 3, 1864, (13 U. S. Stats., Ill,) it has been established as the law govern ing this court that the property or interest of a stockholder in an incorporated bank, commonly called a share, the shares in their aggregate total ity being called sometimes tbe capital stock of the bank, is a different thing from the moneyed capital of the bank, held and owned by the cor poration. This capital may consist of cash, or of bills and notes discounted, or of real estate combined with these. The whole of it may be invested in bonds of the Government, or in bonds of the States, or in. bonds and mortgages. In whatever it may be invested it is owned by the bank as a corporate entity, and not by the stock holders. A tax upon this capital is a tax upon the bank, and we have held that when that capital was invested in the securities of the Government it could not be taxed, nor could the corporation be taxed as the owner of such secu rities. On the other hand, we have held that the shareholders or stockholders, by which is meant the same thing, may be taxed by the States on stock or shares so held by them, although al) the JUDICIAL DECISIONS, ETC. 531 capital of the bank be invested in federal secu rities, provided the taxation does not violate the rule prescribed by the act of 1864. It is not intended here to enter again into the argument by which this distinction is maintained, but to give a clear statement of the propositions that we have decided, that we may apply them to the case before us. If, then, the tax for which the State of Ken tucky recovered judgment in this case is a tax upon the shares of the stock of the bank, and is not a tax upon the capital of the bank owned by the corporation, the first, second, and third grounds of defence must fail. There are, then, but two questions to be con sidered in the case before us: 1. Does the law of Kentucky, und Sweeney, Trimble, Voorhees, Wells, Eugene M. Wilson, Woodward— 58. , Previous Votes. In House. 1870, May 16 — Mr. Bingham, from the Com mittee on the Judiciary, reported the following bill : Be it enacted, &c, That any officer ofthe United States, or of any State, Territory, or district, and every officer of any city, county, town, township, borough, ward, parish, or hundred, in any State, Territory, or district, who shall by any official act whatever, or by the omission, neglect, or refusal to perform any official act or duty whatever, whether under color or pretext of any provision of any State constitution, or any law of any State, Territory, or district whatsoever, or of any local, municipal, or other law, rule, or ordinance, deny or abridge the right of any citizen of the United States to vote, on account of race, color, or pre vious condition of servitude, at any Federal, State, county, municipal; or other election, shall, upon conviction thereof, be adjudged guilty of a mis demeanor, and shall be punished by imprisonment of not less than one year and not exceeding three years, or by a fine not less than $500 nor exceed ing $5,000, or both such fine and imprisonment, at the discretion of the court. Sec. 2. That all colored citizens of the United States resident in the several States of the United States sball be entitled to vote at all elections in the State, county, parish, town, township, ward, ,or hundred of their residence, subject only to the same conditions which now are or may hereafter be required to qualify white citizens to vote there in. And any person who shaU by force, fraud, intimidation, or other unlawful means whatso ever, prevent any colored citizen from voting at XVth AMENDMENT. 551 any such election, who possesses the qualifications, Except in respect of color, requisite to enable a white citizen to vote thereat, shall, upon convic tion thereof, be adjudged guilty of a misdemeanor, and shall be imprisoned not less than six months and not exceeding one year, or be fined not less than $100 nor more than $1,000, or be punished by both such fine and imprisonment, in the dis cretion of the court. Sec. 3. That in case the constitution or law of any State shall require the assessment or payment of a tax as a qualification of an elector, if any assessor or other officer elected or appointed under the laws of such State, and authorized or required by the laws thereof to make any assessment of persons or property for the purpose of such taxa tion, shall refuse or willfully neglect to assess the person or property of any colored citizen of the united States qualified as aforesaid, and residing in the town, hundred, borough, township, parish, county, ward, or district for which said assessor or other officer shall have been elected or ap pointed as aforesaid, he shall, for every such of fense, forfeit and pay the sum of $500 to any per son who will sue for the same, and shall for every such offense be guilty of a misdemeanor, and shall be fined not less than $500, and be imprisoned Hot less than one month. Sec. 4. That in case the constitution or law of any State shall require the assessment or pay ment of a tax as a qualification of an elector, if any officer or member of any levy court, or other body of officers, authorized or required by the laws of such State to make or correct any assess ment of persons or property for the purpose of such taxation, or authorized or required by the laws of such State to assess or levy any such tax, shall refuse, or willfully neglect or advise, or shall participate, concur, or acquiesce in the re fusal or willful neglect of such levy court, or other body of officers, to assess the person or property, or to assess or levy any such tax upon the person or property of any colored citizen of the United States, qualified as aforesaid, and re- Biding in the county or district for which said Officer, levy court, or other body of officers shall have been elected or appointed, he shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall f6r every such offense be deemed guilty of a mis demeanor, and shall be fined not less than $500 and be imprisoned not less than one month. Sec. 5. That if any clerk or other officer re quired by the law of any State to register, record, Or transcribe any list of persons upon whom taxes have been assessed, or to transcribe and certify any duplicate of such list to the collector of taxes, shall refuse or willfully neglect to register, re cord, transcribe, or enter upon the proper assess ment list, or upon the proper duplicates of such assessment list, the name of any colored citizen of the United States who has been lawfully as sessed to pay any tax, the payment of which tax is by the constitution or laws of such State a qualification of an elector of such State, every Sijch clerk or officer shall for every such offense forfeit and pay the sum of $500 to any person Who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor, and shall be fined not less than $500 and be im prisoned not leBs than one month. Sec. 6.1 That if any collector of taxes elected or appointed by authority of the laws of any State shall refuse or willfully neglect to receive from any colored citizen of the United States residing in such State any tax which he is re quired by law to collect from citizens of such State, and the payment of which tax is by the constitution or laws of such State a qualification of an elector of such State, or if any such collec tor shall refuse or willfully neglect to give to any such colored citizen a. receipt for any Buch ta.:, when the amount thereof shall have been paid or tendered to him by such colored citizen, he shall for every such offense forfeit and pay the sum of $500 to any person who will sue for the same, and shall for every such offense be deemed guilty of a misdemeanor, and shall be fined not less than $200, and be imprisoned for not less than one month. Seo. 7. That if at any State, county, township, hundred, or municipal election, held by the au thority of any law of any State, or at any electiom for electors of President of the United States, or for members of the House of Representatives of the United States, any officer, inspector, or judge of the election shall refuse to receive, or shall advise or concur in refusing to receive, the vote of any person on account of his race, color, or previous condition of servitude, every such officer, inspect or, or judge shall for every such offense forfeit and pay the sum of $500 to any person whose vote shall have been so refused, who may sue for the same in any court of the United States ; and such officer, inspector, or judge shall 'for every such offense be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than $200, nor more than $500, and be imprisoned not less than one month. Sec. 8. That any register or officer who shall refuse to register or enter upon the list of voters or list of persons who will be entitled to vote at any election the name of any colored person having the qualifications of a white citizen enti tled to vote or to be placed on such list in other respects except race or color, and any officer or member of any board for the admission of elect ors, who shall refuse fo admit to the electors' oath, or to the privileges of an elector, any col ored person on account of his race, color, or previous condition of servitude, or having the qualifications of a white citizen entitled to the privileges of an elector in other respects than race, color, or previous condition of servitude, shall be guilty of a misdemeanor, and on con viction thereof shall forfeit and pay a penalty of not less than $200 nor more than $500, and shall be imprisoned not less than one month nor more than six months, or both, at the discretion of the court. Sec. 9. That if any person shall, by threats, violence, or intimidation, prevent, or attempt to prevent, any citizen of the United States from the free exercise of his right to vote in any elec tion at which members of Congress or electors for President or Vice President of the United States may be voted for, such person so offending shall be liable to indictment, and on conviction 552 POLITICAL MANUAL. thereof shall be subject to a fine not exceeding $1,000, or to imprisonment not less than one year nor more than three years, or both, at the discretion -of the court. Sec. 10. That the circuit courts of the United States shall have jurisdiction of the suits for forfeitures imposed and causes of action created by this act, and the circuit and district courts of the United States shall have jurisdiction of the misdemeanors created by this act. Which was agreed to — yeas 131, nays 44, as follow: Yeas — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Booker, Boyd, George M. Brooks, Buck, Buckley, Buf finton, Burchard, Benjamin F. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cowles, Dawes, Dickey, Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg. Fitch, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawley, Hay, Heflin. Hill, Hoar, Hooper, Hotchkiss, Ingerpoll, Julian, Kelley, Kellogg, Kelsey, Ketcham, Laflin, Lash, Logan, Loughridge, Lynch, Maynard, McCarthy, McCrary, McGrew, Mc Kee, McKcnzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Packard, Packer, Peek, Perce, Peters, Platt, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks. Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington O.Smith, Wil liam Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Cadwala der C. Washburn, Welker, Wheeler, Whitmore, Wil- lara, Williams, John T. Wilson, Winans— ^31. Nats — Messrs. Adams, Archer, Axtell, Barnum, Beck, Biggs, James Brooks, Burr, Conner, Crcbs, Dickinson. Dox, Eldridge, Gibson, Griswold, Haight, Haldeman, Hamill, Hawkins, Holman, Knott, Lewis, Mayham, McNeely, Mor gan, Mungen, Niblack, Potter, Randall, Rice, Rogers, Schu- maker, Sherrod, Slocum. Joseph S. Smith, Stiies, Swann, Sweeney, Trimble, Van Trump, Voorhees, Eugene M. Wil son, Winchester, Wood, — 44. In Senate. 1870, May 18— Mr. Stewart moved to sub stitute the following : That all citizens of the United States who are or shall be otherwise qualified by law to vote at any election by the people in any State, Terri tory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. Sec. 2. That if, by or under the authority of the constitution or laws of any State, or the laws of any Territory, any act is or shall be required to be done as a prerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall be charged with the per formance of duties in furnishing to citizens an opportunity to perform such prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give to all citi zens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote, without distinction of race, color, or previous condition of servitude; and if any such person or officer shall refuse or knowingly omit to give full effect to this section, he shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also, for every such offense, be deemed guilty of a mis demeanor, and shall, on conviction thereof, be fined not less than $500, and be imprisoned not less than one month and not more than one vear. Sec. 3. That whenever, by or under the au thority of the constitution or laws of any State or tho laws of any Territory, any act is or shall be required to be done by any citizen as a pre requisite to qualify or entitle him to vote, the offer of any such citizen to perform the act re quired to be done as aforesaid shall, if it fail to be carried into execution by reason of the wrongful act or omission aforesaid of the person or officer charged with the duty of receiving or permitting such performance or offer to perform or acting thereon, be deemed and held as a per formance in law of such act; and the person so offering and failing as aforesaid and being other wise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act; and any judge, in spector, or other officer of election whose duty it is or shall be to receive, count, certify, regis ter, report, or give effect to the vote of any such citizen, who shall refuse or knowingly omit to receive, count, certify, register, report, or give effect to the vote of such citizen, upon the pre sentation by him of his affidavit stating such offer and the time and place thereof, and the name of the officer or person whose duty it was to act thereon, and that he was wrongfully pre vented by such person or officer from performing such act, shall for every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also, for every such offense, be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than $500, and be imprisoned not less than one month and not more than one year. Sec. 4. That if any person, by force, bribery, threats, intimidation, or otherwise, shall hinder, delay, prevent, or obstruct, or attempt to hinder, delay, prevent, or obstruct any citizen from doing any act required to be done to qualify him to vote or from voting at any election as aforesaid, such person shall for every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for coun sel fees as the court shall deem just, and shall also for every such offense be guilty of a misde? meanor, and shall, on conviction thereof, be fined not less than $500, and be imprisoned not less than one month and not more than one year. . Sec. 5. That any person who shall be deprived of any office, except that of member of Congress or member of a State legislature, by reason of the violation of the provisions of this act, shall be entitled to recover possession of such office by writ of mandamus or other appropriate proceed ing ; and the circuit and district courts of the United States shall have concurrent jurisdiction with the proper State courts of all cases arising under this 'section. XVth AMENDMENT. 553 Sec. 6. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, arising under this act, except as herein otherwise provided; and the jurisdiction hereby conferred shall be exercised in conformity with the laws and practice governing United States courts; and all crimes and offenses committed against the provisions of this act may be prosecuted by the indictment of a grand jury, or in cases of crimes and offenses not infamous the prosecution may be either by indictment or information filed by the district attorney in a court having juris diction. Sec. 7. That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and ter ritorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, and every other officer who may be specially empowered by the President of the United States, shall be, and iiey are hereby, specially authorized and re quired, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned or bailed, as the case may be, for trial, before such court of the United States or territorial court as has cognizance of the offense. And with a view to afford reasonable protection to all persons in their constitutional right to vote, without distinc tion of race, color, or previous condition of ser vitude, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States, and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act ; and such commis sioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same du ties with regard to offenses created by this act, as they are authorized by law to exercise with re gard to other offenses against the laws of the United States. Sec. 8. Tbat it shall be the duty of all marshals and deputy marshals to obey and execute all war rants and precepts issued under the provisions of this act when to them directed ; and should any inarshal or deputy marshal refuse to receive such Warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of $1,000, to the use of the person de prived of the rights conferred by this act. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are /hereby authorized and empowered, within their districts respectively , to appoint, in writing, under their hands, any one or more suitable persons from time to time to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties ; and the persons so appointed to execute any war rant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United , States or of the militia as may be necessary to the ' performance of the duty with which they are charged, and to insure a faithful observance of the XVth Amendment to the Constitution of the United States; and 6uch warrants shall run- and be executed by said officers anywhere in the State or Territory within which they are issued. Seo. 9. That any person who shall knowingly and willfully obstruct, hinder, or prevent any officer or other peraon charged with the execu tion of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or sball rescue or attempt to rescue such person from the cus tody of the officer or other person or persons, or those lawfully assisting as aforesaid when so ar rested, pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indi rectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shallhave been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall for either of said offenses be subject to a fine not exceeding $1,000 und im prisonment not exceeding six months, by indict ment and conviction before the district or circuit court of the United States for the district or cir cuit in which said offense may have been com mitted, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the -United States. Sec. 10. That the commissioners, district attor neys, the marshals, their deputies, and the clerks of the said district, circuit, and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases. The person or persons authorized to execute the process to be issued by such com missioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of $10 for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasons ble by such commissioner for auch other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such com missioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the 554 POLITICAL MANUAL. arrest is made, and to be recoverable from the defendant as part of the judgment in case of con viction. Sec. 11." That whenever the President of the United States shall have reason to believe that offenses have been or are likely to be committed against the provisions of this act within any iu- "dicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and dis trict attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons charged with a viola tion of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for tho time therein designated. Sec. 12. That it shall be lawful for the Presi dent of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be deemed ne cessary to prevent the violation and enforce the due execution of this act. Sec. 13. That whenever any person shall hold office, except as a member of Congress or of some State legislature, contrary to the provisions of tbe third section of the XlVth article of amend ment of the Constitution of the United States, it shall be the duty of the district attorney of the United States for the district in which such person shall hold office as aforesaid to proceed against such person by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and to prosecute the same to the removal of such person from office ; and any writ of quo warranto so brought' as aforesaid shall take precedence of all other cases on the docket ofthe court to which it is made returnable, and shall not be continued unless for cause proved to the satisfaction of the court. Sec. 14. That any person who shall hereafter knowingly accept or hold any office under the United States or any State, to which he is ineli gible under the third section of the XlVth arti cle of amendment of the Constitution of the United States, or who shall attempt to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor against the United States, and upon conviction thereof before the circuit or district court of the United States shall be im prisoned not more than one year and fined not exceeding $1,000, and shall forever be disqualified to hold any office of honor, trust, or profit under the United States or any State. Sec. 15. That all persons within the jurisdic tion of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be Earties; give evidence, and to the full and equal enefit of all laws and proceedings for the secu rity of person and property as is enjoyed by white citizens, and shall be subject to like punishments, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding. No tax or charge shall be im posed or enforced by any State upon any person emigrating thereto from a foreign country, which is not equally imposed ' and enforced upon every person emigrating to such State from any other foreign country, and any law of any State in con flict with this provision is hereby declared null and void. Sec. 16. That any person who, under color of any law, statute, ordinance, regulation, or cus tom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the de privation of any right secured or protected by this act, or to different punishment, pains, or penalties, on account of such person being an alien, or by reason of his color or race, than is prescribed for the punishment of citizens, shall be deemed guilty of a misdemeanor, and on con viction shall be punished by fine not exceeding $1,000, or imprisonment not exceeding one year, or both, in the discretion of the court. Sec. 17. That the act to protect all persons in the United States in their civil rights, and fur nish the means of their vindication, passed April 9, 1866, is hereby re-enacted ; and said act, ex cept the first and second sections thereof, is here by referred to and made a part of this act ; and section fifteen and section sixteen hereof shall be enforced according to the provisions of said act. Mr. Sherman moved to amend the substitute by adding the following sections : Sec. — . That if at any election for represent- ative or delegate in the Congress of the United States any person shall knowingly personate and vote, or attempt to vote, in the name of any other person, whether living, dead, or fictitious ; or vote more than once at the same election for any can didate for the same office ; or vote at a place where he may not be lawfully entitled to vote ; or vote without having a lawful right to vote ; or do any unlawful act to secure a right or an opportunity to vote for himself or any other person ; or by force, threat, menace, intimidation, bribery, re ward, or offer, or promise thereof, or otherwise unlawfully prevent any qualified voter of any State of the United States of America, or of any Territory thereof, from freely exercising the right of suffrage, or by any such means induce any voter to refuse to exercise such right ; or compel or in duce by any such means, or otherwise, any officer of an election in any such State or Territory tS receive a vote from a person not legally qualified or entitled to vote ; or interfere in any manner with any officer of said elections in the discharge of his duties ; or by any of such means or other wise induce any officer of an election, or officer whose duty it is to ascertain, announce, or declare the result of any such election, or give or make any certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty or any law regulating the same ; or know ingly and willfully receive tho vote of any person not entitled to vote, or refuse to receive fhe vote of any person entitled to vote; or aid, counsel, procure, or advise any such voter, person, or offi cer to do any act hereby made a crime, or to omit to do any duty the omission of which is hereby made a crime, or attempt to do so, every such person shall be deemed guilty of a crime, and shall for such crime be liable to indictment in any court of the United States of competent jurisdic1 tion, and on conviction thereof shall be punished" by a fine not exceeding $500, or by imprisonment for a term not exceeding three years, or both, iu XVth AMENDMENT. 555 the discretion ofthe court, and shall pay the costs of prosecution. Sec. — . That if at any registration of voters for an election for representative or delegate in the Congress of the United States, any person shall knowingly personate or register, or attempt to register, in the name of any other person, whether living, dead, or fictitious, or attempt to register at a place where he shall not be lawfully entitled to register, or register or attempt to reg ister not having a lawful right so to do, or do any unlawful act to secure registration for him self or any other pmon, or by force, threat, menace, intimidatibn, bribery, reward, or offer, or promise thereof, or otherwise, unlawfully pre vent or hinder any person having a lawful right to register from duly exercising such right; or oompel or induce by any such means, or other wise, any officer of registration to admit to reg istration any person not legally entitled thereto ; or interfere in any manner with any officer of registration in the discharge of his duties ; or by any such means, or otherwise, induce any officer of registration to violate or refuse to comply with his duty or any law regulating the same; or knowingly and willfully receive the vote of any person not entitled to vote, or refuse to receive the vote of any person entitled to vote, or aid, counsel, procure, or advise any such voter, per son, or officer to do any act hereby made a crime, or to omit any act the omission of which is made acrime, every sueh person shall be deemed guilty, of a crime, and shall be liable to indictment and punishment therefor, as provided in the first sec tion of this act for persona guilty of any of the crimes therein specified. Sec. — . That if any person shall, by force, threat, menace, intimidation, or otherwise, un lawfully prevent any citizen or citizens from assembling in public meeting, to freely discuss or hear discussed the claims or merits of any candidate for the office of President or Vice President or elector thereof, or representative or delegate in Congress, or of any officer of the Government of the United States ; or the laws or measures of Congress, or any measure ex isting, pending, or proposed, affecting the Gov ernment of the United States, or any depart ment or officer thereof; or if any person shall by any such means break up, disperse, or molest any such assemblage, or moiest any citizen in or of such assemblage, every person so offending shall be 'deemed guilty of a crime, and shall be liable to indictment and punishment therefor, as provided in the first section of this act for persons guilty of any of the crimes therein specified. Which was disagreed to. Mr. Hamlin moved to add the first two sec- tions proposed by Mr. Sherman, which was agreed to — yeas 31, nays 12, as follow : Yeas— Messrs. Abbott, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Hamlin, Harlan, Harris, Kowell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Revels, Bice, Sawyer, Scott, Spencer, Sprague, 8tewart, Sum- tter, Thayerj Warner, Yates— 31. Nats— Messrs. Casserly, Davis, Fowler, Hamilton of Maryland, Johnston, McOreery, Pool, Rosa, Stockton, Thurman, Vickers, Willey— 12. 1 Mr. Morton moved to insert the following, to come in as the fifth section of the bill: That if any person shall prevent, hinder, con trol, or intimidate, or shall attempt to prevent, hinder, control, or intimidate, any person from exercising or in exercising the right of suffrage, to whom the right of suffrage ia aecured or guar antied by the XVth Amendment to the Consti tution of the United States, by means of bribery, threats, or threats of depriving such person of employment or occupation, or of ejecting such person from rented house, lands, or other prop erty, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $500 and be imprisoned not less than one month and not more than one year. Which was agreed to — yeas 36, nays 9, as fol low: Yeas — Messrs. Abbott, Anthony, Carpenter, Chand ler, Cole, Corbett; Cragin, Flanagan, Hamlin, Harlan, Harris, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ram sey, Revels, Rice, Ross, Sawyer, Scott, Spencer, Sprague, Stewart, Sumner, Thayer, Warner, Willey, Williams, Yates— 36. Nats — Messrs. CaSsefliy, Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Stockton, Thurman, Vickers— 9, Mr. Davis moved to amend, by inserting the following additional section : Sec. — ;. That no person shall enter into, hold, or attempt to exercise the powers or perform the duties of any office or public trust, which the Constitution or laws require to be filled by vote of the people, unless he shall have received at the election therefor a greater number of the votes of the electors entitled to vote at such election than any other candidate ; and all per sons entering into, holding, or attempting to ex ercise the powers or perform the duties of such office or public trust shall thereby commit a high misdemeanor, for which they shall be sub- jeot to indictment and punishment of imprison ment for not less than one or more than five years, and fine of not less than $1,000 or more than $5,000, one-half thereof to go to the in former ; and all treasury officers settling, passing, or payfng any claim or account for pay or com pensation of any kind of any person entering into or holding, or attempting to exercise the powers or perform the duties of any oflice or public trust, against the provisions of this sec tion, shall be guilty of a misdemeanor, thereby forfeit and be disqualified to hold his place, and be subject to indictment and punishment of im- EriBonment for not leas than twelve months, and ne of $1,000, one-half to the informer. All persons entering into, holding, or attempting to exercise the powers or perform the duties of any office or public trust, against the provisions of this section, shall also be subject to the civil suit of any person injured thereby. Which was disagreed to. Mr. Pool movea to insert as sections 6 and 7 the following : . - Sec. — . That if two or more persons shall band or conspire together, or go in disguise upon the public highway, or upon the premises of another, with intent to violate any provision of this act, or to injure, oppress, threaten, or intimidate any 556 POLITICAL MANUAL. citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege granted or secured to him by the Constitution or laws of the United States, or because of bis hav ing exercised the same, such person shall be held fuilty of felony, and on conviction thereof shall e fined and imprisoned; the fine not to exceed $5,000, and the imprisonment not to exceed ten years; and shall, moreover, be thereafter ineli gible to, and disabled from holding, any office or place of honor, profit, or trust, created by the Constitution or laws of the United States. Sec. — . That if in the act of violating any provision in either of the two preceding sections, any other felony, crime, or misdemeanor shall be committed, the offender, on conviction of such violation of said sections, shall be punished for the same with such punishments as are attached to like felonies, crimes, and misdemeanors by the laws -f the State in which the offense may be committed. Which was agreed to. Mr. Pool moved to strike out the twelfth sec tion and insert as follows : That the President of the United States may employ in any State such part of the land and naval forces of the United States, or of the mil itia, as he may deem necessary to enforce the complete execution of this act; and with such forces may pursue, arrest, and hold for trial all persona charged with the violation of any of the provisions of this act, and enforce the attendance of witnesses upon the examination or trial of such persons. Which was disagreed to — yeas 6, nays 34, on a division. Mr. Willey moved to strike out of the second section the following words : For every such offense forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also Which was disagreed to — yeas 21, nays 27, aa follow : Yeas — Messrs. Anthony; Casserly, Davis, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howell, Johns ton, McCreery, Patterson, Pomeroy, Pratt, Ross, Scott, Stockton, Thurman, Vickers, Willey, Williams, Yates — 21. Nats — Messrs. Abbott, Cameron, Carpenter, Chand ler, Cole. Corbett, Cragin, Flanagan, Hamilton of Texas, Harris, Howard, Howe, McDonald, Nye, Osborn, Pool, Ramsey, Revels, Rlee, Robertson, Sawyer, Spencer, Sprague, Stewart, Sumner, Thayer, Warner — 27. Mr. Carpenter moved to amend by adding the following section : Sec. — . That any person who shall be deprived of or fail to be elected to any office, except that of member of Congress or member of a State leg islature, by reason of a violation of any of the provisions of this act, or by reason of the denial to any citizen of the right to vote on account of his race, color, or previous condition of servitude, shall be entitled to hold such office and perform the duties and receive the emoluments thereof, and may recover the possession of such office by quo warranto or other appropriate proceeding in the circuit or district court of the United States for the proper district, or in any State court hav ing jurisdiction of such proceedings. Which was agreed to — yeas 24, nays 22, as follow : Yeas— Messrs. Cameron, Carpenter, Chandler, Cole, Cragin. Flanagan, Gilbert, Hamilton of Texas, Harris, Howe, Howell, McDonald, Nye, Osborn, Ramsey, Rev els, Rice, Robertson, Sawyer, Spencer, Stewart, Sum ner, Thayer, Warner — 24. Nats — Messrs. ^bbott, Casserly. Corbett, Davis, Ham Uton of Maryland, Harlan, Howard, Johnston, McCreery, Morton, Pomeroy, Pool, Pratt, Ross, Scott, Stockton, Thurman, Trumbull, Vickers, Willey, Williams, Yates— 22. Mr. Williams moved to strike out of the eighth section the words " or such portion of the land or naval forces of the United States or of the mili tia." Which was disagreed to — yeas 12, nays 38, as follow : Yeas — Messrs. Casserly, Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Ross, Sprague, Stockton, Thurman, Vickers, Williams — 12. Nats— Messrs. Abbott, Brownlow, Cameron, Carpen. ter, Chandler, Cole, Corbett, Cragin, Flanagan, Hamil ton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robert son, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Trumbull, Warner, Willey, Yates— 38. Mr. Scott moved to strike out the third section of the substitute, which was disagreed to — yeas 14, nays 33, as follow: Yeas — Messrs. Anthony. Casserly, Davis, Fowler, Ham ilton of Maryland, Howell, Johnston, McCreery, Ross, Scott, Stockton, Thurman, Vickers, Williams — 14. Nats — Messrs. Abbott, Brownlow, Cameron, Carpen ter, Chandler, Cole, Corbett, Cragin, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howe. McDonald, Morrill of Maine, Nye, Osborn, Pomeroyi Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sawyer, Speneer, Stewart, Sumner, Thayer, Warner, Yates— 33. Mr. Vickers moved to amend the fourth sec tion by inserting in the first line after the words "That if," the.words "under or by color of State authority;" which was disagreed to — yeas 9, nays 41, as follow : Yeas — Messrs. Casserly, Davis, Fowler. Hamilton of Maryland, Johnston, McCreery, Stockton, Thurman, Vick ers— 9. Nats— Messrs. Abbott, Anthony. Brownlow, Cameron, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spen cer, Stewart, Sumner, Thayer, Trumbull, Warner, Wil liams, Yates — 41. Mr. Casserly moved to strike out the words "and such allowance for counsel fees as the court shall deem just" wherever they occur in the bill; which was disagreed to — yeas 10, nays 39, as follow : Yeas — Messrs. Casserly, Davis, Fowler, Hamilton of Maryland, Johnston, McCreery, Ross, Stockton, Thurman, Vickers— 10. Nats— Messrs. Abbott, Anthony, Brownlow, Cameron, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, Gilbert, Hamilton of Texas. Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morton, Nye, Os born, Patterson, Pomeroy Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Warner, Williams, Yates— 39. Mr. Howard moved to amend section four by striking out the word '" attempt " and inserting the words "shall combine or confederate with others;" which was agreed to. With some verbal amendments the bill was passed — yeas 43, nays 8, as follow : Yeas — Messrs. Abbott, Anthony, Brownlow, Cameron, Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, XVth AMENDMENT. 557 Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Howell, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Ross, Sawyer, Seott, Spencer, Sprague, Stewart, Sumner, Thayer, Trumbull, Warner, Willey, Williams, Yates — 43. Hats— Messrs. Casserly, Davis, Fowler, HamUton of Maryland, Johnston, McCreery, Thurman, Vickers — 8. The Senate amendments were disagreed to by the House and a committee of conference asked and granted, which reported to both houses the bill as finally passed, as above. VOTES OF THE STATE LEGISLATURES ON THE PEOPOSED XVth AMENDMENT TO THE CON STITUTION OF THE UNITED STATES.* Alabama. Senate, November 16, 1869. Yeas — Messrs. R. N. Barr, F. G. Bromberg,. W. M. Buckley, D. E. Coon, J. A. Farden, J. T. Foster, W. W. Glass, Burrell Johnston, W. B. Jones, Philip King, Thomas Lambert, Benjamin Lentz, G. T. McAfee, J. W. Mabry, J. W. Mahan, W. B. Martin, William Miller, J. F. Morton, John Oliver, J. L. Pennington, J. D. F. Richards, B. F. Eoyal, H. C. Sanford, D. V. Sevier, I. D. Sib ley, J. P. Stow, H. H. Wise, C. 0. Whitney, F. D. Wyman, J. A. Yordy— 30. Nat— Mr. A. N Worthy — 1. House of Representatives, November 16, 1869. Yeas — Messrs. Benjamin Alexander, T. W. Armstrong, William Alley, John R. Ard, Austin, E W. Attaway, Matt. Avery, Alfred Baker, M. R. Bell, Samuel Blanden, Warren A. Brantley, N. A. Brewington, Pierce Burton, Richard Burke, John Carraway, E. T. Childress, W. R, Chisholm, John W. Coleman, George W. Cox, J. W. Daniels, John W. Dereen, Thomas Diggs, Joseph Drawn, A. Emmons, Thomas D. Fister, J. R. Greene, G. W. Haley, John Hardy, R. E. Harris, John A. Hart, William Henderson, D. H. Hill, A. L. Holman, George Houston, D. C. Humphreys, E. F. Jennings, Jones, P. A. Kendrick, S. F. Kenemer, Horace King, E. W. Lawrence, G. Lewis, Thomas Masterson, G. W. Malone, Jeff. McCall, T. W. Newsom, Nin- ninger, Rice, A. G. Richardson, Justin Ro- nayne, Edward Rose, Thomas Sanford, C. P. Sim mons, W. G. W. Smith, S. Speed, H. J. Spring field, T. C. Steward, Paul Strobach, W. L. Tay lor, John Taylor, William Taylor, H. Thompson, Charles T. Thweatt, William V. Turner, James Vanzandt, Spencer Weaver, George White, L. J. Williams, B. R. Wilson, Jack Wood, George F. Harrington, Speaker — VI. Nays— Messrs. W. T. Brown, W. D. Humphrey, I P. Hubbard, W. F. Hunt, Jacob Magee, Wil liam Mastin, J. G. Moore, E. J. Mansell, William Murrah, Adolph Proskauer, James A. Reeves, Ry- land Randolph, H. C. Tompkins, C. Tucker, Jack son Tyner, J. M. Walker— -16. California. Both houses rejected the amendment at the late session of the legislature, but an application for a copy of the vote was not granted. The vote is understood to have been a party one — the Republicans supporting, the Democrats re jecting, the amendment. ?See pp. 488 to 498, Manual of 1869, for the rest of the >tes in state Legislatures. votes i Delaware. Senate, March 17, 1869. Yeas — Messrs. Curtis B. Ellison, John G. Jack son — 2. Nays — Messrs. Jacob Bounds, Thomas H. Den- ney, Chas. Gooding, John W. Hall, John H. Payn- ter, Geo. Russell, James Williams, Speaker — 7. House of Representatives, March 18, 1869. Yeas— 0. Nays — Messrs. John G. Bacon, Geo. F. Brady, John A. Brown, Lot Cloud, Isaac Connoway, Ja cob Deakyne, William Dean, Shepard P. Houslon, Thomas J. Marvel, Philip C. Matthews, Whiteley W. Meredith, Robert J. Reynolds, Peter Robinson, Albert H. Silver, William B. Tomlinson, Joseph W. Vandegrift, H. C. Wolcott, J. Hickman, Speaker — Georgia.* Senate, February 2, 1870. Yeas— Messrs. W. F. Bowers, H. A. Bradley, Walker Brock, T. G. Campbell, I. M. Coleman, N. Corbitt, John Dickey, J. L. Dunning, William Griffin, Joshua Griffin, John Harris, E.I. Higbee, McW. Hungerford, W. B. Jones, W. F. Jordan, J. H. McWnorter, J. C. Richardson, Josiah Sher man, W. 0. Smith, T. I. Speer, A. M. Stringer, J. W. Traywick, George Wallace, F. 0. Welch, Benjamin Conley, President — 25. Nays — Messrs. John T. Burns, M. A. Candler, J. C. Fain, H Hicks, A. W. Holcomb, W. T. McArthur, A. D. Nunnally, M. C. Smith, C. B. Wooten — 9. House op Representatives. Yeas — Messrs. James Allen, T. M. Allen, J. W. Atkins, Armstrong^ W. R. Bell, I. M. Buchan, Marion Bethune, Eli Barnes, Richard Bradford, T. P. Beard, James Cunningham, W. C. Carson, M. Claiborne, A. Colby, J. T. Costin, G. H. Clower, T. G. Campbell, jr., J. H. Caldwell, Mat. Davis, J. M Ellis, James Fitzpatrick, Mon day Floyd, W. A. Golden, Samuel Gardner, > Guilford, N. N. Gober, W. L. Goodman, W. B. Gray, Virgil Hillyer, H. C. Holcomb, W. H. Harrison, W H. F. Hall, J.F. Harden, A. Haren, J. P. Hutchings, W. F. Holden, Charles H. Hooks, U. L. Houaton, John Higdon, G. W. Johnson, Charles 0. Johnson, P. Joiner, Jackson, G. Lastinger, W. A. Lane, George Linder, J. A. Madden, R. Moore, Plate Madison, J. T. McCor mick, John B. Nesbitt, J. C. Nisbit, Peter O'Neal, R. M. Parks, S. C. Prudden, James Porter, W. P. Price, J. L. Perkins, A. R. Reid, A. Richardson, J. Mason Rice, P. Sewell, F. M. Smith, Abram Smith, S. L. Strickland, J. M. Sims, S. F. Salter, E. Tweedy, W. W. Watkins, John Warren, Hiram Williams, W. N. Williams, A. J. Williams, B. H. Zellars, R. L. McWhorter, Speaker — 75. Nays — Messrs. /. K. Barnum, M. R. Ballen- ger, W. G. Brown, J. A. Cobb, C. C. Clcghorn, A. E. Cloud, W. H. Clark, C. C. Duncan, W. 8. Erwin, McK. Fincannon, H. R. Felder, J. E. Gullatt, W. D. Hamilton, G. M. Hook, Har ris, C. H. Kyile, J. J. McArthur, J. W. Mathews, R. W. Phillips, N. J. Perkins, F. L. Pepper, Thomas F. Rainey, V. P. Sisson, Dunlap Scott, W. M. Tumlin, U. 0. Tate, W. G. Vinson, L. H. Walthal, L. C. A. Warren— -29. *S.ee p. 489 for a former vote on same proposition. 558 POLITICAL MANUAL. Iowa. Senate, January 26, 1870. Yeas — Messrs. Benjamin F. Allen, Charles At kins, Charles Beardsley, G. G. Bennett, Edward M. Bill, Henry C. Bulis, Frank T. Campbell, John M. Cathcart, James Chapin, Hans R. Olaussen, George W. Couch, John N. Dixon, William G. Donhan, Joseph Dysart, George E. Griffith, Joseph Grimes, A. H. Hamilton, Joseph W. Havens, Theodore Hawley, James S. Hurley, Alexander B. Ireland, Isaac W. Keller, William Larrabee, Matthew Long, Robert Lowry, John McKean, Samuel McNutt, I. J. Mitchell, Napoleon B. Moore, Benjamin F. Murray, Homer E. Newell, J. G. Patterson, Abial R. Pierce, Wells S. Rice, Robert Smith, Henry C. Traverse, Marcus Tuttle, Jacob G. Vale, W. F. Vermillion, John P. West, William P. Wolf, James D. Wrighte-42. Nays — Messrs. /. P, Casady, Lewis B. Dunham, Samuel H. Fairall, Liberty E. Fellows, F. M. Knoll, E. 8. McCulloch, M. B. Mulkerrh-1. House of Representatives, January 20, 1870. Yeas— Messrs. C. C. Applegate, Delos Arnold, Joseph Ball, James W. Beatty, John Beresheim, Peter G. Bonewitz, Aaron Brown, Joel Brown, Caleb Bundy, William Butler, G. W. Butterfield, William H. Campbell, T. B. Carpenter, John Car ver, Aylett R. Colton, M. E. Cutts, Harwood G. Day, David Dickerson, Charles Dudley, Samuel B. Dumont, David T. Durham, Benjamin F. El bert, William C. Evans, Amos S. Faville, John W. Green, William Harper, O. C. Harrington, George D. Harrison, B. F. Hartshorn, Benjamin A. Haycock, Joseph Hobson, John F. Hopkins, William Hopkirk, Henry L. Huff, John D. Hun ter, George W. Jones, John A. Kasson, Benjamin F. Keables, James P. Ketcham, John F. Lacey, Daniel S. Lee, Anders 0. Lommen, John Mahin, Constant R. Marks, L. T. McCoun, George H. McGavren, William W. Merritt, J. D. Miles, Lewis Miles, jr., John L. Millard, Claudius B. Miller, John D. Miracle, John Morrison, jr., Samuel Mur doch, J. G. Newbold, Cole Noel, Timothy O. Nor ris, Galusha Parsons, Henry 0. Pratt, Samuel H. Rogers, Matthias J. Refills, George N. Rosser, Neal W. Rowell, John Russell, Cummings San born, Thomas J. Sater, J.W.Satterthwait, Eras tus Snow, Benjamin Spencer, O. 0. Stanchfield, David Stewart, John Y. Stone, A. H. Stutsman, Alexander H. Swan, John H. Tait, Hamilton B. Taylor, Frederick Teale, Gillum S. Tolliver, John W. Traer, J. Q. Tufts, Edgar A. Warner, Jesse Wasson, Horace B. Williams, George H. Wright —84. Nays — Messrs. David 8. Bell, John Christoph, Theophilus Crawford, Emory DeGroat, James Dunne, Patrick Gibbons, Christian Hirschler, James M. Hood, John P. Irish, William Mills, Frederick O'Donnell, Pierce G. Wright — 12. Maryland. Senate, February, 1870. Yeas— 0. Nays — Messrs. Joshua Biggs, Nathan Browne, John Lee Carroll, James C. Clarke, Barnes Comp ton, Isaac M. Denson, James T. Earle, Daniel Fields, James H Grove, Eli J. Henkle, Daniel M. Henry, C. H. Hyland, Charles M. Jump, Wil liam Kimmell, G. Frederick Maddox, Lemuel Malone, John M. Miller, John 0. Parker, W. 0. Bellman, Henry Snyder, AJfred Spates, William B. Stephenson, William E. Timmons, William Welsh, George W. Wilson— 25. House of Delegates, February, 1870. Yeas— 0. Nays — Messrs. R. W. Baldwin, William Bald win, Horatio Beck,_ George Biddle, Thomas R. Blake, Noah Bowlus, Robert F. Brattan, John B. Brown, Daniel W. Cameron, William E. Col lins, George Colton, John H. Cooper, Andrew G. Chapman, Edward 8. W. Choate, Andrew J, Crawford, William H. Grouse, Samuel K. Dennis, James I. Duke, Charles 8. Duvall, John F. Ehlen, Isaiah Gardner, Robert J. W. Garey, William G. ¦Gordy, Arthur P. Gorman, Thomas H. Hamil ton, Alexander Hardcastle, E. L. F. Hardcastle, Benjamin H. Harrington, Henry R. Harris, F. 8. Hoblitzell, J. T. C. Hopkins, John H. Jordan, Anthony Kean, E. G. Kilbourn, George A. Kirk, Benjamin Lankford, E. C. Loirobe, Jefferson D. Loker, Fendall Marbury, William T. Markland, John H Marshall, Thomas Martin, John T. Mc.- Preery, James L. McLane, William M. Merrick, John W. Mitchell, Thomas W. Morse, Jacob My ers, Alexander Neill, John Owens, Henry Owings, George Percy, John R. Purnell, William Richards, J. Alfred Ritter, James B. Sauner, David Seibert, Columbus I. Shipley, George A: Shower, John M. Standish, J. M. Street, J. Monroe Sword, John B. Tltomas, Joel Thomas, James Touchstone, Lewis Turner, jr., Greenbury M. Watkins, James Webb, George Wells, John Welty, William White, John F. Wiley, William B. Wilmer, James Wilson, Airheart Winters, Richard Wooton^-87. Minnesota. Senate, January 12, 1870. YEAS-^Messrs. George F. Batchelder, J. B. Crooker, Charles Hill, W. S. Jackson, D. E. King, J. A. Latimer, J. A. Leonard, Samuel Lord, C. H. Pettit, William Pfaender, B. F. Smith, B. D. Sprague, H. C. Waite- 13. Nays — Messrs. L. L. Baxter, George L. Becker, C. F. Buck, D. L. Buell, J. N. Castle, R. J. Chew- ning, William Henry, William Lochren — 8. House of Representatives, January 13, 1870. Yeas — Messrs. B. Abbott, William Barton, Ole C. Bratrud, H. A. Brown, William L. Couplin, William Close, R. Crandall, Orin Densmore, Hen ry Drought, John Gage, S, W. Graham, A. R. Hall, B. S. Larsen, William Lowell, John Miller, Wil liam E. Potter, E. A. Rice, H. W. Rulifison, M. E. L. Shanks, Giles Slocum, Charles Stewart, P. H. Swift, Isaac Thorson, Nathan Vance, C. H. Waterman, A. C. Wedge, W. C. Young, John L. Merriam — 28. Nays — Messrs. John Bullen, G. M. Cameron, S. G. Canfield, John M. Cool, J. K Cullen, John Flan- negan, A. J. Fowler, A. M. Fridley, William Jones, John F. Meagher, J. S. Norris, John A: Pfaar, J. H. Pound, M Scanlan, John L. Wilson — 15, Mississippi. Senate, January 15, 1870. Yeas — Messrs. F. M. Abbott, Horatio N. Bal lard, Charles Caldwell, Thomas W. Castles, K. L. Duncan, John Gartman, William H. Gibbs, XVth AMENDMENT. 559 Robeit Gleed, William Gray, William M. Han cock, Thomas J. Hardy, Stephen Johnson, Robert % Leachman, Finis H. Little, Orange S. Miles, 1 Green Millsaps, Albert T. Morgan, Alston My gatt, Henry M. Paine, J. H. Pierce, Hiram R. Bevels, W. S. Rushing, James C. Shoup, George S. Smith, William T. Strieklin, Thomas W. Stringer, Charles A. Sullivan, and Alexander Warner — 28. Nays— 0. House of Representatives, January 17, 1870. Yeas — Mr. Speaker, F. E Franklin, Messrs. P. Balch, P. Barrow, /. L. Bolton, J. F. Boulden, C. M. Bowles, Rasselas Boyd, E. Buchanan, W. S. Cabell, M. Campbell, G. Charles, C. W. Clarke, J. S. B. Coggeshall, V. A. Collins, J. P. Conner, E. Ourrie, A. K Davis, W. H. Foote, H. M. Foley, C. A. Foster, 0. C. French, John GUlis, T. R. Gowan, H. C. Grier, E. Handy, W. W. Hart, E. P. Hatch, C. P. Head, W. L. Hemmingway, A. Henderson, J. L. Herbert, D. Higgins, William Hodges, G. Holland, W. Holmes, M. Howard, E. N. Hunt, H. P. Jacobs, R. A. Johns, W. L. Jones of Marshall county, C. D. Landon, G. N^Lang- ford, H. W. Lewis, J. R. Lynch, C. W. Loomis, Henry Mayson, M. K. Mister, J. A. Moore, J. Morgan, L. A. Munson, M. T. Newsom, C. F. Norris, I. N. Osborne, J. G. Owen, W. B. Owings, A. Parker, E. Phillips, J. H. Piles, Henry Pit man, D. N. Quinn, A. S. Roane of .Calhoun, W. H. Roane of Pike, / F. Sessions, W. B. Snowden, J. J. Spelman, J. Stewart, E. H. Stiles, D. Stiles, J. M. Stone, H. M. Street, H. Taylor, B. G. Un derwood, J. V. Walker, H. W. Warren, G. W. White, S. V. W. Whiting, W. B. Williams W. J. Willing, A. S. Wood— 79. Nays— 0. Missouri House of Representatives, January 7, 1870* Yeas — Messrs. J. J. Akard, Benjamin Alsup, Thomas W. Allred, A. J. Baker, Francis P. Becker, T. S. Benefiel, John Bitman, John H. Bohn, Jacob S. Boreman, Tarlton Brewster, Wil liam P. Browning, Henry Bruihl, C. C. Byrne, Daniel Clark, M. S. Courtright, D. S. Crumb, W. H. H. Cundiff, E. S. Davis, R. B. Denny, R. T. Dibble, John H. Dolle, W. B. Elliott, A. W. Elli son, Frank Eno, John W. Enoch, John F. Fas- sen, William J. Ferguson, E. P. Ferrell, John B. Freeman, A. L. Gibbs, James Gibson, John H. Glenn, R. T. Gladney, August Hackman, James B. Harper, Samuel Hays, J. T. K. Hayward, Asa F. Heely, Newton P. Howe, Anthony Ittner, Jesse Jennings, R. F. Johnson, T. H. Jones, Rufus D. Keeney, Oscar Kirkham, Milo S. Laugh- lin, Frank E. Lombar, J. M. Magner, James C. MoGinnis, William H. McLane, G. W. L. Mitch ell, Robert S. Moore, H. G. Mullings, Adolphus Munch, William N. Nalle, Thomas D. Neal, W. H. Norris, W. R. Pyle, C. R. Peck, James L. Powell, Joseph Pulitzer, J. M. Quigley, David C. Reed, John A. Rice, Constance Riek, J. P. Rob ertson, Samuel E. Roberts, Frederick Roever, L. A. Rountree, Ozias Ruark, F. T. Russell, Louis Sc'nulenberg, Milton F. Simmons, Sam. L. Smith, James Southard, T. J. Stauber, Edmon Stinson, David K. Steele, L. A. Thompson, James S. Todd, *The former vote, on p. 494, Manual of 1869, was void through informality. J. D. Vickers, B. J. Waters, Conrad Weinrich, Jacob Yankee, J. Morris Young, John C. Orrici! Speaker — 86. Nays — Messrs. James T. Adams, Emile P. Albert, W. H. Bennett, Joseph Bogy, W. H. Bowles, S. A. Brown, John G. Burton, Thomas Byrns, D. 8. Caldwell, R. A. Campbell, N. C. Claiborne, G. William Colley,T. G. Harris, Jesse Huffman, Garland Hurt, William Key, W. J. Knott, William T. Deeper, F. L. Marchand, An drew McElvain, John M. McMichael, C. J. Miller, John P. Murphy, Sidney S. Neely, M. H Phelan, Amos R. Phillips, James H. Requa, Lucien Sal isbury, John Salyer, Edwin S. stbastian, Marion Sides, George D. Sloan, Robert Waide, Theodore F. Warner— Ol. Nebraska. Senate, February 17, 1870. Yeas — Messrs. Tolbert Ashton, E. E. Cun ningham, William Daily; Geo. W. Frost, Samuel A. Fulton, CharleB H. Gere, William F. Good will, Hiram D. Hathaway, Nathan S. Porter, Eugene L. Reed, Thomas B. Stevenson, Edward B. Taylor— 12. Nays — Mr. Guy C. Barnum — 1. House of Representatives, February 17, 1870. Yeas — Messrs. Wells Brewer, Sardius C. Brewster, Jarvis C. Church, Samuel Carter, Jona than Edwards, James Fitchie, Joseph Fox, J. F. Gardner, Joel T. Griffin, J. McF. Hagood, P C. Jones, Edwin Loveland, A. F. McCartney, David McCaig, Joseph McKeon, H. O. Minick, Daniel S. Parmelee, Watson Parish, L. W. Pattison, Christian Rathman, Hinman Rhodes, F. R. Roper, Geo. L. Seybolt, Geo. R. Shook, Henry Stinemann, A. S. Stewart, W. H. B. Stout, J. W. Talbot, Ezra Tullis, Anton Zimmerrer, William McLennan, Speaker — 31. Nays — Messrs. Marcus Brush, J. S. Hunt, C. A. Leary, O. A. Speice — 4. New Hampshire.* Senate, J-My 1, 1869. The resolution ratifying the amendment was adopted without a division, there being eleven Senators in the body, as follow : John H. Bailey, Nathaniel Gordon, Joseph F. Kennard, John Y. Mugridge, George C. Pea'vey, Ezra Gould, Gilman Scripture, Jonas Livingston, Ellery Albee, Ira Colby, jr., John W. Barney. New Jersey. Senate, February 7, 1870. Yeas^— Messrs. Jesse Adams, John C. Belden, Edward Bettle, George T. Cobb, Samuel Hopkins, James H. Nixon, John W. Taylor, John Torrey, jr.— 8. Nays— Messrs. Edward H Bird, Joseph G. Bowne, James J. Brinkcrhoff, Calvin Corle, Rich ard E. Edsall, Job H. Gaskill, John Hoppei Henry S. Little, Learning Rice, Amos Robins (President,) Noah D. Taylor, James T. Wiley John Woolverton— 13. House of Assembly, February 1, 1870. Yeas— Messrs. Thomas 0 Alcott, William H. * For vote in House, see p. 494, Manual of 1869. 560 POLITICAL MANUAL. Barton, Columbus Beach, Thomas Beesley, Henry L. Bonsall, Albert M. Bradshaw ,-Albert A. Drake, David Evans, Charles F. H. Gray, C. P. Gurnee, James L. Gurney, Leonard F. Harding, William A. House, John Hunkele, Levi D. Jarrard, Far- rand Kitchell, James C. Norris, Benjamin H. 'Overheiser, Theodore W. Phcenix, Albert L. Run- yon, Joseph F. Sanxay, William R. Sayre, Wil liam C. Shinn, Abel I. Smith, John R. Staats, Henry W. Wilson, Nimrod Woolery — 27. Nays — Messrs. Leon Abbett, James W. Arrow- smith, 8. B. Beraus, Ferdinand Blauck, William Brinkerhoff, George E. Brown, Herman D. Busch, Hiram C. Clark, James B. Doremus, Levi French, Charles 0. Groscup, William W. Hawkins, Henry Hobbs, Henry A. Hopper, Charles 0. Hudnut, Samuel H. Hunt, John Kugler, John P.- Lair, John J. Maxwell, Mathew Murphy, Austin H. Patterson, Abraham Perkins, Theodore Probasco, Absalom B. Purcell, Hugh Reid, Jesse M. Sharp, William Silverthorn, Caleb H. Valentine, D. H. Van Mater, Samuel Whartman, Chauncey G. Williams, and Eben Winton — 32. Rhode Island. House of Representatives,* January 18, 1870. Yeas — Mr. Speaker Benj. T. Eames, Messra. William T. Adams, Edwin Aldrich, William D. Aldrich, Ferdinand H. Allen, Emor J. Angell, Lucius C. Ashley, Julius Baker, John H. Bar- den, William W. Blodgett, Baylies Bourne, Fran cis Brinley, Joseph F. Brown, Henry Bull, jr., John T. Bush, Ezra J. Cady, Thomas G. Carr, John G. Childs, J. Hamilton Clarke, William H. Clarke, .Tamea C. Collins, Davis Cook, jr., Sala- din Cook, Edwin Darling, Daniel E. Day, Henry F. Drown, Edward L. Freeman, Henry T. Grant, George W. Greene, Richard W. Green, Mason W. Hale, David S. Harris, Stephen Harris, William S. Kent, Robert R. Knowles, William Knowles, George W. Lewis, Nathan B. Lewis, John Love land, Jesse Metcalf, Francis W. Miner, Arlon Mowry, Jabez W. Mowry, George H. Olney, Samuel B. Parker, Charles H. Perkins, DeWitt C. Remington, William H. Seagrave, Ira 0. Sea- mans, William P. Sheffield, Orrin W. Simmons, George T. Spicer, Joseph E. Spink, Horatio A. Stone, Albert. M. Waite, William R. Walker, John E. Weeden, Joseph D. Wilcox, James M. Wright— 59. Nays— Messrs. George N. Bliss, Theodore P. Bogert, Raymond P. Colwell, Nathaniel B. Dur fee, Edward Lillibridge, John C. Pegram, Wil liam C. Rhodes, Samuel Rodman, jr., Nathaniel C. Smith, Nathan T. Verry— 10. Tennessee. # Senate, November 24, 1869. The resolution ratifying the amendment was referred to the Committee on Federal Relations, from which it has never been reported. House of Representatives,-)- November 16, 1869. Yeas — Messrs. J. H. Agee, Baker, Boyd, Eckel, Hunley, Layman, McConnell, McElwee, Scott, Singletary, Snodderly, and Yoakum — 12. * Question postponed from May, 1869, as shown on p. 487 Manual of 1869. + The full names are not given here on account of inability to obtain them. Nays — Messrs. Baber, Barry, Barton, Boyett, Bright, Caldwell, Cheatham, Clark of Jackson, Colville, Cox, Curl, Dunlap, Everett, Fleming, Glenn, Hampton, Harrison, Hinkle, Hornberger, James of Hamilton, James of Smith. Jones, Kee ney, Kelley, Kenney, King, Knight, Longacre, McGaughey, Morrison, Neil, Nicks, Nixon, Pear son, Rhea, "Roach, Rose, Rosson, Russell of Ruth erford, Saddler, Saunders, Sherrod, Slack, Smith, Spears, Steale, Stephens, Thomas, Towsand, Tuck er, Walker, Warren, West, White, Wilson, Young, and Mr. Speaker Pearkins — 57. Texas. Senate, February 18, 1870. Yeas — Messrs. E L. Alford, Thomas H. Baker, John G. Bell, W. H. Bowers, E. T. Braughton, Don Campbell, D. W. Cole, E. L. Dohoney J. P. Douglass, W Flanagan, S. W. Ford, A. K. Fos ter, A. J. Fountain, Matt. Gaines, P. W. Hall, Theodore Hertzberg, H. R. Latimer, J. S. Mills, W. H. Parsons, B. J. Pridgen, E. L. Pyle, Henry Rawson, G. T. Ruby, W. A. Saylor— 24. Nays — Messrs. Samuel Evans, G. R. Shan non — 2. House of Representatives, February 15, 1870. Yeas — Messrs. J. O. Austin, J. A. Abney, C. L. Abbott, M. L. Armstrong, H. R. Allen, R. A. Allen, J. Abbott, J. D. Burnett, E. J. Becton, J. P. Butler, D. W. Burley, T. J. Chambers, L W. Cooper, S. Cotton, /. R. Cole, L. B. Camp, A. M. Cox, G. Dupree, W. W. Davis, A. Dorris, T. G. Franks, C. W. Gardner, F. E. Grothaus, C. T. D. Harn, J. P. Hill, J. J. Hamilton, G. T. Haswell, /. E. Hawkins, J. W. Johnson, C. Jenkins, M. Kendal, John W. Lane, A. F. Leonard, W. J. Locke, M. Manning, J. H. Morrison, H. Moore, W. P. McLean, J. R. McKee, J. F. McKee, S. Mullins, D. Medlock, R. L. Moore, /. W. Posey, W. C. Pierson, B. R. Plumly, W. Prissie, W. G. Robinson, F. Schleckum. G. H. Slaughter, W. H. Sinclair, W.Sherriff, W. B. Stirman, E. L. Smith, C. J. Stockbridge, B. 8. Shelbum, J. Schutze, F. Tegner, S. 8. Weaver, B. F. Williams, H. W. Young, J. B. York, H. C. Youngkin, R. Zapp, and A. Zoller— 65. Nays — Messrs. S. J. Adams, H. C. Ellis, W. A. Gaston, W. E. Hughes, F. Kyle. B. B. Lacy, J. H Miller, E. L. Robb, T. E. Ross, J. G. 8mithr—10. Vermont. Senate, October 20, 1869. Yeas— Messrs. Grenville G. Benedict, Asa R. Camp, William Collamer, Lucius Copeland, George N. Dale, Albert G. Dewey of Windsor, Jerry E. Dickerman, William G. Elkins, Roswell Farnham, David Goodell, Ezra B. Green, A. B. Halbert, Harley M. Hall, J. H. Hastings, Charles H. Heath, William R. Hutchinson, James Hutchinson, jr., Rollin J. Jones, Jedd P. Ladd, George A. Merrill, William P. Nash, Franklin H. Orvis, WilliamM. Pingry, Homer E. Royce, Robert J. Saxe, Hoyt H. Wheeler— 26. Nays— 0. House of Representatives, October 19, 1869. Yeas — Messrs. David C. Abbott, Stephen Al den, Andrew S. Allis, Joseph Andrew, Lyman XVth AMENDMENT. 561 Batcheller, John Bailey, jr., Frederick II. Bald win, George A. Ballard, J. Warren Barnes, Fay ette Barney, George Barrett of Weathersfield, Jonas R. Bartlett, William H. Bebee, Julius B. Benedict, George Benton, John Bigelow, Lewis H. Bisbee, Saul Bishop, George O. Boyce. Caleb R. Brewer, George B. Brewster, Sumner Briggs, Asa Brigham, Charles W. Brigham, Jerome B. Bromley, Ebenezer B. Brown, William C. Brown, Horatio N Bull, Oscar E Butterfield, James Car- dell, Hiram Carleton, Benjamin F. D. Carpenter, Charles Chamberlin, Charles Chase, T. Abel Chase, Howard Clark, Nathan S. Clark, Jason Clark, Lewis Cobb, James A. Coburn, Mason. S. Colburn, Chauncey H.Conkey, David Cook, Edwin S. Cook, SethF- Cowles, Sumner Curtis, Ezra F. Darling, Leonard W. Day, William Deming, Asa M. Dick ey, Jonathan B. Dike, Josiah B. Divoll, Chester B\ Dow, William P. Downing, Stephen L Dutton, Frederick P. Eaton, Alanson Edgerton, Ezra Ed son, Jacob Estey, Edson Farman. Jona B Farns worth, John Farrar, Joseph C. Fenn, James K. Foster, George P Foster, EzraS. Freeman, Barnes Frisbie, John H. Gambell, Nelson Gay, David N. Gibb, George Giffin, jr., Philip K. Gleed, William Goff, George Goodeil, George S. Goodrich, Henry H.Goodsefl, Marcus D. Grover, Emerson Hall. Jo- Biab. L. Hamblet, John 0. Hamilton, Samuel Har rington, Royal D. Hedden,' Rufus N. Hemenway, Charles Hewitt, Ansel L. Hill, Calvin Hill, Ly man G. Hinckley, Charles B. Holden, William C. Holman, Benjamin A. Holmes, Lyman W. Holmes of Waterville, Joel Holton, Orman P. Hooker, Heman Hopkins, jr., John P. Hoskison, A. S. Howard, Asahel H. Hubbard, Julius A. Hum phrey, Samuel S Hunt of Guilford, Loyal Hun tington, Elisha B. Hurd, Luther H. Hurlburt, John V. S. Isham, Lyman Jackson, Andrew Jack son, Samuel R Jenkins, Elias L. Jewett, John Johnson, William' Johnson, Charles H, Joyce, George B. Keeler, Phineas A. Kemp, Isaac K. Kenaston, Silas G. King, Aaron N. King, Harvey N. Kingsbury, John Kinsley, Alfred H. Knapp, Willard Kneeiand, Melvin A. Knowlton, Charles I. Ladd, James R. Langdon, Jabez W. Langdon, Martin Leonard, Joseph P. Long, Joel Lyman, Isaac A. Manning, Augustus M. Marsh, John L. Mason, Nathaniel C McKnight, Gardner Merrill, Timothy C. Miles, Ephraim Moore, Ira A. Morse, Lucius P. Mowry, Isaac J. Nichols/ Luther A. Nichols, Joseph Nickerson, Julius N. North, George N. Ober, Frank E. Ormsby, Carrol S. Page, Paine, Harry B. Parker, James Parker, Daniel P. Peabody, Francis Phelps, Horatio S. Pierce, Milo Pierce, Joseph H. Pratt, Joseph Pur- mort, Marcus S Reed, Philemon Remington, Ed ward J. Reynolds, Jotham S. Rice, Lorenzo Rich mond, Jesse J. Ridley, Henry B. Ripley, Oscar P. Rixford, Abraham R. Ross, Noah B. Safford, Charles A. Scott, George Severance, William H. Silsby, Isaac M. Smith, Oliver Smith, Homer H. Southwick, Eugene H. Spaulding, Marshal W, Stoddard, Alpheus H. Stone, Cyrus W. Strong, Andrew J. Taylor, Albin L. Thompson, Joseph Underwood, Asahel Upham, Torrey E. Wales, William W. Walker, Henry A. Walker, George B. Warner, Edwin W. Washburn, Frederick A. Way, Walter A. Weed, Merrick Wentworth, Far- well Wetherby, Samuel E. Wheat, Eugene P. Wheeler, Joseph W. Wheelock, Edwin C.White, James E. White, Erastus Whitney, John Willey, Henry B. Williams, Horace G. Wood, Albert Worcester, Pliney Wright, George W. Grandev Speaker— 196. *' Nays— Messrs. G. W. Aiken, Patrick Barrett Josiah F. Brigham, Almon L. Clark, Channing Hazeltxne, Rollin W. Holbrook, Abial C. Palmer, Fred. Parks, James M. Peak, Thomas Pollard, James M. Soulc, George Wooster of Marshfield Virginia. Senate, October 8, 1869. Yeas — Messrs. Abner Anderson, William A. Anderson, William P. Austin, R S. Beazley, J. W. D. Bland, Charles Campbell, David G. Carr, A. R. Courtney, A. M. Davis, Thomas P. Fitz- patrick, James Milton French, James S. Greever, D. A. Grimsley, Marcus A. Harris, F. W. Has kell, Charles Herndon, George H Kindrick, T. N. Latham, Meriwether Lewis, William T. Mar tin, E. W. Massie, William P. Moseley, Frank Moss, Robert L. Owen, James Patterson, W. K. Perrin, John E. Penn, Washington L. Riddick, John Robinson, John E. Roller, J. Ambler Smith, Normand Smith, William D. Smith, Edgar Snow- den,jr., Thomas E. Taylor, W. H Taylor, George Teamoh, William R. Terry, Joseph Waddell, Franklin Wood— 40. Nays — Messrs. Abel T. Johnson, Isaiah L. Ly ons — 2. House of Representatives, October 8, 1869. Yeas — Messrs. William H. Andrews, W. W. Arnett, John W. Ashby, George R. Atkinson, Jacob 8. Atlee, Edmund R. Bagwell, William Bartlett, Henry Bell, H M. Bell, Augustus Bodeker, Stith Boiling, Henry Bowen, Henry M. Bowden, Philo Bradley, Cary Breckinridge, William H. Brisby, L. C. Bristow, Lewis H. Bryant, William A. Bry ant, Isaac D. Budd, John W. Bullman, Richard U. Burgess, Robert C. Burkholder, Josiah L. Camp bell, J. T. Chase, M. H. Clark, A. B. Cochrane, Walter Coles, Henry Cox, John B. Crenshaw, John W. Daniel, Addison Davis, S. M. Dodge, John Dugger, Isaac Edmundson, B. T. Edwards, George Fayerman, L. H. Frayser, A. N. Fretz, J H. Ful ton, W. J. Fulton, George K. Oilman, T. H. Gos- ney, George Graham, G. W. Graham, George H. T. Greer, Marshall Hanger, Benjamin N. Hatcher, Job Hawxhurst, B. G. Haynie, Henry B. Hams- berger, J. C. Hill, James 0. Hensley, John Hen- son, C. E Hodges, John Q. Hodges, John M. Hud- gin, Thomas P. Jackson, Reuben Johnson, B. F. Jones, James D. Jones, R. G. W. Jones, A M. Keiley, James Keith, John A. Kelly, J. H. Kelly, Luther Lee, jr., Frank W. Lindsey, James Lipscomb, William Lovenstein, F. W. Mahood, F. L. Mar shall, Stephen Mason, Joseph H. Massie, William Matthey, J. A. McCaull, Bernard McCracken, William McDonald, William McLaughlin, Robert A. Miller, David J. Miller, J. B. Miller, j-r ,. Peter G. Morgan, Samuel B. Morrison, John R. Moss, Benjamin H. Moulton, Rufus A. Murrell, J. H. Noble, F. S. Norton, Robert Norton, Alexander Owen, David Pannill, Thomas C.Parramore, Rob ert 0. Peatross, Csesar Perkins, F. M. Perkins, Robert B. Poore, John R. Popham, W. A. 7, Potts, William H, Ragsdale, George L. Seaton, Arthur S.Seqar, Thomas M. Shearman, JohnH- A..Smit\ G. H. Southall, 8. V. Southall, J. C. Shelton, L. R, Stewart, John R. Strother, Josiah Tattum, Wil- 562 POLITICAL MANUAL. liam F. B. Taylor, John F. Terry, E. F. Tiller, James C. Toy, David Thayer, C. Y, Thomas, John R. Thurman, Smith S. Turner, George. Walker, James W. Walker, jr., William J. Wall, John Wat son, Watson R. Wentworth, D. B. White, Ellis Wilson, William L. Williams, W. R. Winn, W. W. Wood, B. L. Woodson, A. L.Woodworth, George Young, Zeph. Turner, Speaker— 132. Nays— 0. VOTES OF NEW YORK AND OHIO, THE FOR MER ON RESCINDING A PREVIOUS RATIFI- CATION AND THE LATTER ON RATIFICA TION AFTER A PREVIOUS REJECTION.* New York. Senate, January 5, 1870. Yeas — Messrs. A. Bleecker Banks, Isaiah Blood', John T. Bradley, WiUiam Cauldwell, Thomas J. Creamer, Samuel H. Frost, Henry W- Genet, Wil liam M. Graham, John F. Hubbard, jr., Jarv. Lord, George Morgan, Henry C. Murphy, Christopher F. Norton, Michael Norton, George H. Sanford, William M. Tweed-— XQ. Nays — Messrs. George Bowen, William H- Brand, Orlow W. Chapman, Augustus R. ElwOod, GCorge N. Kennedy, Loren L. Lewis, Theodore L. Minier, Abraham X. Parker, Allen D. Scott, Francis S. Thayer, Norris Winslow, James Wood, William B. Woodin— 13. Assembly, January 5, 1870, Yeas — Messrs. Seymour Ainsworth, Orson M. Allaben, Francis B. Baldwin, George J. Bamler, Gershon Bancker, Daniel D. Barnes, James G. Bennett, WiUiam G. Bergen, John J. Blair, John • Brown, Dennis Burns, Timothy J. Campbell, John Carey, Owen Cayanagh, Hugh M. Clark, Wil liam W. Cook, William C. Coon, Henry J. Cul len, jr., John Davis, Daniel G. Dodge, Joseph Droll, John F. Empie, John L. Flagg, Richard Flanagan, Patrick J. Flynn, Alexander Frear, Isaiah Fuller, Abraham E. Hasbrouck, Odell S. Hathaway, Bernard Haver, John R. Hennessey, Morgan Horton, Abraham Howe, James Irving, John C. Jacobs, St. Perrie Jerred, William C. Jones, Lawrence D Kiernan, Charles H. Krack, jr., John L. La Moree, Thomas J. Lanahan, Edward D. Lawrence, Thomas J. Lyon, Godfrey R. Mar- tine, Peter Mitchell, James J. Mooney, William W. Moseley, Michael C. Murphy, Given Murphy, WiUiam D. Murphy, Martin Nachtmann, James M. Nelson, Dennis O'Keeffe, Edward L. Patrick, ' Lewis S. Payne, Jam.es B. Pearsall, George W. Plunkitt, Harry B. Ransom, Edward D. Ronan, James Shanahan, Brinley D. Sleight, WiUiam W. Snow, Robert R. Steele, Edward Sturges, Silas Sweet, John Tighe, Hiram Van Steenburgh, James Young, William Hitchman, Speaker — 69. NaYs— Messrs. Thomas G. Alvord, Isaac V. Baker, jr., Matthew P. Bemus, John Berry, Al bert H. Blossom, Alpbeus Bolt, William Brad ford, Samuel L. Brown, Volney P. Brown, Wil liam W. Butterfield, J. Thomas Davis, Clayton H. De Lano, John H. Deming, Jay Dimick, William I-I. Eaker, William M. Ely, Charles N. Flanagin,' Charles Foster, James Franklin, George M. Glea son, James S. Graham, Stephen S. Green, Amasa Hail, Stephen S. Hewitt, Marcus A. Hull, James W. Husted, Eugene Hyatt, Richard Johnson, Leonard C. Kilham, DeWittO. Littlejohn, Sam- ASee.pp. 495 and 496, Manual of 1869. uel S. Lowery, Samuel T. Maddox, T. Warren Merchant, David M. Miner, David H. Mnlford, Daniel A. Northrop, Lyman Oatman, Julius M, Palmer, John °arker, 7a?/ A. Pease, James H. Pierce, Henry Ray, William T. Renier, James Roberts, Lee R. Sanborn, Jamea A. Seward, Gus tavus Sniper, Thomas Stevenson, Nathan R. Tefft, Edward C. Walker, George N. West,'John H. White, David E. Wilson, Orange S. Winans, Anson S. Wood, Charles S. Wright— 56. Ohio. Senate, January 14, 1870. Yeas — Messrs. John Bartram, James A. Bell, Abel M. Corey, Jerry Dunbar, Homer Everett, Moses D. Gatch, Michael Goepper, A. P. Howard, Homer C. Jones, Henry McKinney, Peter Odlin, Benjamin F. Potts, Joseph M. Root, Rodney M. Stimson, Worthy S. Streator, Deciers S. Wade, Thomas A. Welsh, Laurin D. Woodworth, Thomas H. Yeatman — 19. Nays — Messrs. James 0 Amos, Charles Boe- sel, James M. Burt, Lewis D. Campbell, John Cowan, M. A. Daugherty, James Emmitt, Samuel T. Hunt, Adin G. Hibbs, Willli-n. H. Holden, James R. Hubbell, James B. Jamison, A. E. Jen ner, L. B. Leeds, Nathan C. Lord, HinchmanS Prophet, John L. Winner, John Woodbridge — 18. House of Representatives, January 20, 1870. Yeas— Messrs William Adair, R. W. Anderson, Bethel Bates, H. M. Bates, M. W. Beach, S. E. Blakeslee, E. Bogardus, A. H. Brown, Samuel C. Bowman, James Bradbury, George W. Brooke, John A. Bfown, R. P. Cannon, A. J. Cunning ham, H. W. Curtiss, R. B. Dennis, Joseph H. Dickson, William H, Enochs, Ed. H. Fitch, Samuel H. Ford, Robert C. Fulton, Thomas Geffs, Elijah Glover, Wilson W. Griffith, Samuel Hayward, A. Hill, B. L. Hill, George H. Hill, Peter Hitchcock, George A. Hubbard, William N. Hudson, Ellis N. Johnson, jr., Thomas F. Joy, E. F. Kleinschmidt, A.. P. Lacey, John Lit tle, J. K. Mower, A. Munson, W. O. Parker, William Park, John A. Price, William Eitezel, James Sayler, R. M. Stanton, George W. Steele, James A. Sterling, Jarnin Strong, jr., Samuel N. Titus, J. C. Ullery, N. H. Van Vorhees, M. J. Williams, William S. Williams, John P. Wil liamson, William W. Wilson, J. K. Wing, Alfred- Wolcott, G. I. Young— 57. Nays— Messrs. WiUiam T. Acker, William Armstrong, Isaac Anstill, R. P. L. Baber, George 8. Baker, John Baker, Edward Ball, John Bet- telon, Daniel J. Callen, William T. Cessna, Joseph R. Cockerill, James E. Chase, Levi Colby, Wil liam T. Conkling, Thomas A. Corcoran, James. W. Devose, Ozro J. Dodds, Elias Ellis, E. E. Gaston, Lewis Green, Thomas I. Haldeman, James H. Hambleton, 8. M. Heller, John L. Hughes, John D. Kemp, A. C. Kile, John Kisor, Jesse Leohner, John K. Love, John G. Marshall, Jason McVey, William Milligan, Samuel R.Mott, jr., William Pace, Thomas W. Peckinpaugh, Michael V. Ream, James Robinson, Henry Schirck, Henry Schoenfeldt, John Seilz, Aaron B. Shafer, William Shaw, Lewis W. Sifford, Gar ret B. Smith, A. Soule, E. T. Stiebiey, W. Still well, John D. Thompson, E. M. Walker, A. Ward, John A. Weyer, Clark White, John C. Wdldron,, William R. Wilson, Hiram W. Winslow— 55. LIV. LAND SUBSIDIES, 1827-1870. Grant to tne State of Indiana in aid of the Wabash and Erie Canal. The first grant of public lands for the purpose of aiding internal improvements was made to the State of Indiana for the Wabash and Erie canal, in 1827, by an act entitled "An act to grant a certain quantity of land to the State of Indiana for the purpose of aiding said State in opening a canal to connect the waters of the Wabash river with those of Lake Erie."* It provides: "That there be, and hereby is, granted to the State of Indiana, for the purpose of aiding the said State in opening a canal to unite at navigable points the waters of the Wa bash river with those of Lake Erie, a quantity of land equal to one-half of five sections in width on each side of said canal, and reserving each alternate section to the United States, to be se lected by the Commissioner of the Land Office, under the direction of the President of the Uni ted States, from one end thereof to the other ; and the said lands shall be subject to the disposal of the Legislature of said State for the purpose afore said, and no other : Provided, That the said canal, when completed,- shall be and forever remain a pablic highway for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same : Provided, That said canal shall be com menced within five years, and completed in twenty years, or the State shall be Bound to pay to the. United States the amount of any lands previously sold, and that the title to purchasers under the State shall be valid." This act granted to the State of Indiana 1,439,- 279 acres.f The bill was reported from the Com mittee on Roads and Canals by William Hend ricks, of Indiana, and passed both Houses by the following vote (politics not indicated) : Iir Senate, February 13, 1827. Yeas— Messrs. David Barton, Ephraim Bateman, Samuel Bell, Thomas H. Benton, Dominique Bouligny, tiekiel P. Chambers, Dudley Chase, John H. Eaton, illiam Henry Harrison, 'William Hendricks, John Hplmes, Riohard M. Johnson, Josiah S. Johnston, Elias K. Kane, William Eufus King, Nehemiah R. Knight, JohnMoKinley, William Marks, James Noble, Xhomas B. Reed, Henry M. Ridgely, Asher Robbins, Benjamin Ruggles, Horatio Seymour, Nathaniel Sils- oee', Samuel Smith, Jesse B. Thomas, Calvin Willey— 28. Nais— Messrs. John Branch, John Chandler, Thomas Clayton, Thomas W. Cobb, Mahlon Dickerson, Henry w. Edwards, William Findlay. Robert Y. Hayne, Na thaniel Macon, John Randolph, Nathan Sanford, Wil liam Smith, Littleton W. Tazewell, Levi Woodbury— 14. Ik House of Representatives, March 2, 1827. The bill passed without a division, the yeas and nays having just before been taken on a precisely similar proposition, granting lands to aid in the *4:TJ. S.Stats., p. 236. fEep. Com1. Land Office 18C7, p. construction of a canal between the Illinois river and Lake Michigan, which vote was as follows : Yeas— Messrs. Parmenio Adams, Adam R. Alexander, Luther Badger, Mordecai Bartley, John Barney, Ratlitf Boon, William L. Brent, Richard A. Buekner, John W. Campbell, James Clark, Lewis Condiet, Benjamin W- Crowninshield, Clement Dorsey, Henry W. Dwight, Samuel Edwards, Edward Everett, John Findlay.James Findlay, Chauncey Forward, Henry H. Gurley, Abra ham B. Hasbrouck, Moses Hayden, John F. Henry, Eb enezer Herriek, George Holcombe, Samuel Houston, Daniel Hugunin, jr., Charles Humphrey, Ralph J. In gersoll, Jacob C. Isacks, Jonathan Jennings, Joseph Johnson, Francis Johnson, Samuel Lathrop, Joseph Lawrence, Joseph Lecompte, Robert P. Letcher, Peter Little, John Lock, Rollin C. Mallary, John H. Marable. Henry C. Martindale, Dudley Marvin Robert McHat- ton, Samuel McKean, William McLean, Ezra Meech, Charles F. Mercer, Orange Merwin, Thomas Metcalf, John Miller, James S. Mitchell, John Mitchell, George E. Mitchell, James C. Mitchell, Thomas P. Moore, Thomas Newton, George W. Owen, George Peter, Tim othy H. Porter, Alfred H. Powell, John Reed, Robert S. Rose, Henry H. Ross, Joshua Sands, John Scott, Thomas Shannon, Thomas II. Sill, John Sloane, An drew Stewart, James Strong, Samuel Swan, John Test, Gideon Tomlinson, David Trimble, Ebenezer Tucker, Joseph Vance, Samuel F. Vinton, George E. Wales, Aaron Ward, Daniel Webster, JohnC. Weems, Thomas Whipple, jr., Barton White, Elisha Whittlesey, Charles A. wickliffe, James Wilson, John Woods, John C. Wright, William S. Young— 90. Nays— Messrs. William Addams, Mark Alexander, Willis Alston, William G. Angel, Henry Ashley, John Bailey, John Baldwin, Ichabod Bartlett, Noyes Barber, John S Barbour, Francis Baylies, John Blair, Titus Brown, Joseph H. Bryan, James Buchanan, William Burleigh, Samuel P. Carson, George Cary, Nathaniel H. Claiborne, John Cocke, Henry W. Conner, George W, Crump, Thomas Davenport, William Deitz, William Drayton, Nehemiah Eastman, John Fi.rsyth, Andrew R. Govan, Robert Harris, Jonathan Harvey, Charles E. Haynes, Richard Hhres, Aaron Hobart, Michael Hoff man, Jeromus Johnson, David Kidder, Thomas Kit- tera, Jacob Krebs, Edward Livingston, John Long. William McCoy, George McDuffie, William McManus, James Merriwether, Daniel H. Miller, Charles Miner, Jeremiah O'Brien, Robert Orr, Elisha Phelps. George Plumer, James K. Polk, James W. Ripley, William C. Rives, Lemuel Sawyer, James S. Stevenson, John Tal iaferro, Starling Tucker, John Varnum, Gulian C. Ver- planck, Elias Whittemore, Lewis Williams. John Wil son, George Wolf, Silas Wood, John Wurts — 67. It was then signed by the President, John Quincy Adams, on the same day. Grant to the State of Illinois in aid of the Illi nois Central Railroad. The first grant of public lands in aid of the construction of railroads was that made by "An act granting the right of way and making a grant of land to the States of Illinois, Mississippi, and Alabama, in aid of the construction of a railroad from Chicago to Mobile," in 1850* This act provided (sec. 2) "That there be, and is hereby, granted to the State of Illinois, for the purpose of aiding in making the railroad aud branches aforesaid, every alternate section of land designated by even numbers, for six sections in width on each side of said road and branches." It also provided, that in case any of the land so *9U. S.Stats., p. 466. 5C3 564 POLITICAL MANUAL. granted should have been sold, or the right of pre-emption should have attached, before the line of the road was definitely ascertained, agents ap pointed by the Governor of Illinois should select other lands ; none of such lands, however, to be farther than fifteen miles from the line of the road." Sec. 3 provided that the land which shall re main "to the United States within six miles on each side of said road and branches shall not be sold for less than double the minimum price of the public lands." Sec. 4 reserved the right to the United States to use the said road free from toll or other charge upon the transportation of any property or troops oi the United States. Sec. 7 extended the provisions of the act to the States of Alabama and Mississippi to aid in the continuation of the Central railroad from the mouth of the Ohio river to Mobile. The estimated amount of land inuring under this grant was 2,595,053 acres,* all of which has been certified. The bill was introduced by Stephen A. Doug las, of Illinois, reported from the Committee of Public Lands by Mr. Shields, of Illinois, and passed both houses by the following vote: In Senate, May 2, 1850. Yeas ^ — Messrs. David R. A tchison, George E . Badger, John Bell, Thomas H Benton. Solon Borland. Jexse D. Bright, Lewis Cass, Thomas Corwin, Jefferson Davis, Henry Dodge, Augustus C. Dodge, Stephen A Douglas, Sol omon U. Downs, Henry S. Foote, &amuel Houston, George W. Jones, William Rufus King, Willie P. Mangum, Jack son Morton, William K. Sebastian, William H Seward, James Shields, Truman Smith, Daniel. Sturgeon, Joseph R. Underwood, Isaac P. Walker — 26. Nats — Messrs. James W. Bradbury, Andrew P. Butler, Salmon P. Chase, John H. Clarke. William C. Dawson, William L. Dayton, Robert M. T. Hunter, Jacob W. Mil ler, Moses Norris, jr., Samuel S. Phelps. Thomas G. Pratt, Hopkins IS. Tumey, John Wales, David L. Yulee — 14. Not voting — Messrs Roger S. Baldwin. John McP. Berrien, John C. Calhoun, Henry Clay, Jere. Clemens, James Cooper, John Davis, Daniel S. Dickinson, Alpheus Fetch, Albert (\ Greene, John P. Hale, Hannibal Ham lin, James M. Mason, James A. Pearce, Thomas J. Rusk, Pierre Soule, Presley Spruance, William Upham, Daniel Webster, James Whitcomb — 20. Of those not voting Messrs. Greene and Spru ance voted " aye" on the same proposition two years before, and Measrs. Calhoun and Hale voted "no." In House op Repbesentatives, Sept. 17, 1850. Yeas — Messrs. Nathaniel Albertson, Charles Allen, William J. Alston, Josiah M. Anderson, George R. An drews, George Ashmun, Edward D. Baker, Kingsley S. Bingham; William H Bissell, David A. Bokee, Franklin W. Bowden, Richard 1. Bowie, James B. Bowlin, George Briggs, James Brooks, Albert G. Brown, William J. Brown, Alexander W. Buel. Lorenzo Burrows, Thomas B. Butler, E. Carrington Cabell, Samuel Calvin, Joseph Casey, Joseph R. Chandler, Chauncey F. Cleveland, Thomas L. Olingman, Williamson R. W. Cobb, Orsamus Cole, Moses B. Corwin, John Crowell, James Duane Doty, James H. Duncan, Cyrus L. Dunham, Cbaklbs Dbhkee, Samuel A. Eliot., Winfield S, Featherston, John Freedley, Meredith P. Gentry, Edward Gilbert, Willis A. Gurman, Daniel Gott, Herman D. Gould. James S. Green, Joseph Grinnell, Willard P. Hall, Runsom Hal- loway, Andrew J. Harlan, Sampson W. Harris. Thomas L. H:uris, Andrew K. Hay, Thomas S. Haymond, Moscn Hoagland, Volney E. Howard, David IIttbba.rd, Sam uel W Inge, Joseph W. Jackson, Robert W. Johnson, George W. Julian, David S. Kaufman, James G. King, John A. King, Emits La Sere, Shepherd Leffler, Horace *Rep. Com. Land Office 1807, p. 263. fDemocrats in italics, Whigs in roman, Freesoilers in SMALL OArS. Mann, Oisamus B. Matteson, John A McClernand, Robert M. McLane, William Mc Willie, Charles S. More- head, Isaac E. Morse, James L. Orr, John Otis, John S. Phelps, J. Phillips Phcenix, Charles W. Pitman, Harvey Putnam, William A. Richardson, Elijah Risley, John £, Robinson.Robert L.Rose, Abraham M. Schermerhorn' John L. Schoolcraft, Elbridge G. Spaulding, William Sprague, Edward Stanley, Frederick P. Stanton, Richard H. Stanton, Alexander H. Stephens, John L. Taylor Jacob Thompson, J olin R. Thurman, Walter Underhill' Hiram Walden, Loren P. Waldo, John Wentworth, Hugh White, William A. Whittlesey, Christopher H. Williams, Amos E. Wood, George W. Wright, \Timathy R. Young 101. Nats— Messrs. Henry P. Alexander, William S. Ashe, Tliomas H. Averctt. James M. H. Bealc. Walter Boothe, Armistead Burt, Joseph Cable, Joseph P. Caldwell, Lewis D. Campbell, David K. Cartter, Charles E. Clarke, Wil liam F. Colcock, Jesse C. Dickey, Milo M. Dimmick,Davu% T. Disney, Nathan F. Dixon, William Duer, Henry A. Edmundson. Alexander Evans, Nathan Evans, Orin Fowler. Thomas J. D. Fuller. Elbridge Gerry, Alfred Gil- more, William T. Hamilton, Mo3es Hampton, Hugh A. Haralson, Isham G. Harris. Harry Hibbard, Alexander R. Holladay, John W. Howe, William F. Hunter, William T. Jackson, Andrew Johnson, George W. Jones, John B. Kerr. George G. King, Preston King, Nathaniel S. Lit- tlefield, Job Mann, Humphrey Marshall, James McDowell, Edward W. McGaughey, Thomas MeKissook, James X. McLanahan, Fayette McMullen, John McQueen, John K. Miller, John S. Millson, Henry D Moore, Jonathan D, Morris. William Nelson, David Outlaw, Richard Parker, Charles H. Peaslee, Emery D. Potter, Robert R. Reed, John Robbins, jr., Thomas Ross, David Rumsey, jr., John H. Savage, CuUen Sawtelte, Robert C. Schenck, James A. Seddon, Augustine H. Shepperd, Thaddeus Stevens, Charles Stetson, James Bt. Thomas, James Thompson, Abraham W. Vpnable, Samuel F. Vinton, Daniel. WaUace, Albert G. Watkins, Isaac Wildrick, Jo seph A. Woodward. — 75. The bill was signed by the President, Zachary Taylor, September 20, 1850. Grant to the Union Pacific Railroad Company. The first grant of lands made to any corpora tion to aid it in building its railroad was to the Union Pacific Railroad, in 1862, by an act enti tled "An act to aid in the construction of a rail road and telegraph line from the Misaouri river to the Pacific ocean, and to secure to the Govern ment the use of the same for postal, military, and other purposes." Section 1 creates the corporation and provides regulations. for its government. Section 2 provides "That the right of way through the public lands be, and the same is hereby, granted to said company for the con- struction of said railroad and telegraph line ; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said rail road to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations,- buildings, workshops, and depots, machine-shops, switches, side tracks, turn tables, and water stations. The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required for the said right of way and grants hereinafter made." Section 3 provides " That there be, and is here by, granted to said company, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate LAND SUBSIDIES. 565 section of public land 'designated by odd num bers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each aide of said road, not sold, reserved, or other- wiae disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed: Provided, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said com pany. And all such lands so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and preemption, hke other lands, at a price not exceeding one dollar and twenty- five cents per acre, to be paid to said company." Section 5 authorizes the issue of bonds to the amount of $16,000 per mile, which shall consti tute a first mortgage on the road. Section 6 provides that all compensation for services rendered for the Government shall be applied to the payment of the bonds and interest( and that at least five per cent, of the net earn ings of the road shall be applied annually to payment of the same. Section 18 provides that when the net earn ings of the road shall exceed ten per cent., ex clusive of the five per cent, to be paid to the United Statea, Congress may reduce the rates of fare thereon. It is estimated* that there inures to the Union Pacific Railroad Company, under this grant, 35,000,000 acres. This act was reported in the House by Mr. Campbell, of Penn., from the Pacific Railroad Committee, and passed both Houses by the fol lowing vote : In House of Representatives, April 8, 1862.f Yeas— Messrs. Cyras Aldrich, William Allen, John B. Alley, Isaac N. Arnold, James M. Ashley, Fernando C. Beaman, Charles J Biddle, John A Bingham, Francis P. Blair, jr., Harrison G. Blake, William G. Brown, James H. Campbell, Andrew J. Clements, Schuyler Colfax, Erastus Corning, John Covode, William P. Cut ler, William Morris Davis, Isaac C. Delaplaine, R. Hol land Duell, George W. Dunlap, Sidney Edgerton, Thom as D. Elliot, Alfred Ely, Reuben E. Fenton, Samuel C. Fessenden, George P. Fisher, Richard Franchot, Au- fiistus Frank, Daniel W. Gooeh, John N. Goodwin, radley F. Granger, John A. Gurley, Edward Haight, William A. Hall, Samuel Hooper, Valentine Horton, John Hutchins, George W. Julian, William D Kelley, Francis W. Kellogg, John W. Killinger, William E. Lansing, Cornelius L. L. Leary, William & Lehman, Dwight Loomis, John W. Menzies, James K. Moorehead, Anson P. Morrill, John T. Nixon, John W. Noell, Elijah 3. Norton, Abraham B. Olin, Nehemiah Perry, Timothy G. Phelps, Thomas L. Price, Alexander H Rice, Albert 6 Riddle, James S. Rollins, Aaron A. Sargent, Charles B. Sedgwick, Samuel Shellabarger, John B. SteeU, Thad deus Stevens, Charles R. Train, Rowland B. Trow bridge, Burt Van Horn, John P. Verree, John W. Wal lace, Charles W. Walton, Elijah Ward, Ellihu B. Wash burne, Edwin H. Webster, William A. Wheeler, Kellian V. Whaley, James F. Wilson, William Windom, Sam uel T Worcester— 79. Nats— Messrs. Sydenham E. Ancona, Elijah Babbitt, Jmrpli Buiky. Stephen Baker, Jacob B. Blair, George H. Browne, James Buffinton, Charles B. Calvert. Jacob P. Chamberlain, George T. Cobb, Frederick A. Conkling, Samuel S, Cox, James A. Cravens, John W. Crisfield, John *Rep. Com. Land Office 1867, p. 255. rTlus was the test vote, on the first passage of the toll in the House. J. Crittenden, Alexander S. Diven, W. McKee Dunn James E. English, Henry Grider, Aaron Harding, Richard A.. Harrison. Philip Johnson, William Kellogg, Anthony L. Knapp. John Law, Owen Lovejoy, Robert McKnight Robert Mallory, Justin S. Morrill, James R. Morris, War ren P. Noble, Moses F. Odell, Frederick A. Pike, Alben G. Porter, William A. Richardson, James C. Robinson, John P. C. Shanks, William P. Sheffield, William G Steele, Benjamin F. Thomas, Francis Thomas, Carey A. Trimble, Clement L. Vallandigham, Daniel W. Voorhees, William H. Wadsworth, E. P Walton, Albert S. White Cliarles A. Wickliffe, George C. Woodruff— in. In Senate, June 20, 1862. Yeas— Messrs. Henry B. Anthony, Orville H. Brown ing, Zachariah Chandler, Daniel Clark, Jacob Collamer, Edgar Cowan, Garrett Davis, James Dixon, James R. Doolittle, Solomon Foot. Lafayette S. Foster, James W. Grimes, John P. Hale, James Harlan, Ira Harris, John B. Henderson, Jacob M. Howard, Anthony Ken nedy, Henry S. Lane, James H. Lane. Milton S. Latham, Joseph A. McDougaU, Lot M. Morrill, George W Nesmith, Samuel C. Pomeroy. Henry M. Rice, John Sherman, Benjamin Stark, Charles Sumner, Lyman Trumbull, Benjamin F. Wade, Waitman T. Willey, David Wilmot, Henry Wilson, Robert Wilson — 35. Nats — Messrs. Timothy O. Howe, Preston King, James A. Pearce, Morton S. Wilkinson, Joseph A. Wright — 5. Grant to the Northern Pacific Railroad. In 1864 an act was passed granting to the Northern Pacific railroad the right of way over the route proposed, and every alternate section, designated by odd numbers, to the amount of twenty alternate sections per mile, on eacli side of the road wherever the route lies through the Territories of the United States, and ten alternate sections per«mile wherever the route lies through any State. It provided that no money should be drawn from the treasury of the United States to aid in the construction of the said road, and "that no mortgage or construction bonds shall ever be issued by said company on said road, or mortgage or lien made in any way, except by the conaent of the Congress of the United States." The route proposed was from a point on Lake Superior, in the State of Minnesota or Wisconsin, by the most eligible railroad route, within the territory of the United States, on a line north of tbe 45th degree of latitude, to some point on Pu- get's sound, with a branch, via tbe valley of the Columbia river, to a point at or near Portland, in Oregon, leaving the main trunk line at the most suitable place, not more than one hundred miles from its western terminus. This bill passed both houses by the following vote: In House or Representatives, May 31, 1864. Yeas— Messrs. James C. Allen, William B. Allison, Lucien Anderson, Augustus C. Baldwin, John D. Bald win, Fernando C. Beaman, James G. Blaine, Jacob B. Blair, Sempronius H. Boyd, John M. Broomall, James S. Brown, Amasa Cobb, Alexander H. Coffroth, Cornelius Cole, John A. J. Creswell, Henry Winter Davis, Igna tius Donnelly, John F. Driggs, John R. Eden, Charles A. Eldridge, John F. Farnsworth, Augustus Frank, James A. Garfield, Daniel W. Gooch, Josiah B. Grin nell, James T. Hale, William A. Hall, William Higby, Giles W. Hotchkiss, Asahel W. Hubbard, John II. Hub bard, William D. Kelley, Francis W. Kellogg, Orlando Kellogg, Austin A. King, Anthony L. Knapp, Jesse Lazear, Benjamin F. Loan, John W. Longyear James M.Marvin, Archibald McAllister, Joseph TV. MOClurg, Daniel Morris, Leonard Myers, Homer A. Nelson, War ren P. Noble, Moses F. Odell, Charles O'Neill, James W, Patterson, Sidney Perham. Hiram Price, John V. L. Pruyn, William H. Randall, Alexander II. Rice, John II Rice Edward H. Rollins. Jnmes S. Rollins, John G-. Scott Thomas B. Shannon Itnamar C. Sioan, John x.. Steele, William G. Steele, Thaddeus Stevens, Lorenzo D. 566 POLITICAL MANUAL. M. Sweat, M. Russell Thayer, Charles Upson, Daniel W. Voorhees, Elijah Ward, William B. Washburn, Kellian V. Whaley, Ezra Wheeler, Thomas Williams, A. Carter Wilder, William Windom— 74. Nats— Messrs. John B. Alley, Sydenham E. Ancona, Portus Baxter, George Bliss, James Brooks, John W. Chanler, Samuel S. Cox, James A. Cravens, John L. Daw son, Cliarles Denison, Ephraim R. Eckley, Joseph K. Edgerton. Thomas D. Eliot, Reuben E. Fenton, Wil liam E. Finck, John Ganson, Henry W. Harrington, An son Herrick, William S. Holman, Calvin T. Hulburd, Ebon C. Ingersoll, WiUiam Johnson, Martin Kalbfieisch, Francis Kernan, John Law. Francis C. LeBlond, DeWitt C. Littlejohn, Alexander Long, Robert Mallory, Daniel Marcy, James F. McDowell, Justin S. Morrill, William R. Morrison, John O'Neill, Godlove S. Orth, George H. Pen dleton, Frederick A. Pike, Theodore M. Pomeroy, Wil liam Radford, Lewis W. Ross, Robert C. Schenck, Glenni W. Scofield. Rufus P. Spalding, John D. Stiles, Henry W. Tracy, William H. Wadsworth, Ellihu B. Washburne, Joseph W. White, James F. Wilson, Charles H. Win field— 50. In the Senate the bill passed without a di vision. The estimated number of acres muring under this grant is 47,000,000. At the present session of Congress — the second session of the Forty-First Congress — the follow ing act was passed : A resolutiom authorizing the Northern Pacific Railroad Company to issue its bonds for the construction of its road and to secure the same by mortgage, and for other purposes. Resolved, &c, That the Northern Pacific Rail road Company be, and hereby is, authorized to issue it's bonds to aid in the construction and equipment of its road, and to secure the same by mortgage on its property and rights of property of all kinds and descriptions, real, personal, and mixed, including ita franchise as a corporation ; and, as proof and notice of its legal execution and effectual delivery, said mortgage shall be filed and recorded in the office of the Secretary of the Interior ; and also to locate and construct, under the provisions and with the privileges, grants, and duties provided for in its act of in corporation, its main road to some point on Puget sound, via the valley of the Columbia river, with the right to locate and construct its branch from some convenient point on its main trunk lite across the Cascade mountains to Puget sound; and in the event of there not being in any State or Territory iu which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits pre scribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and desig nated by odd numbers, in such State or Terri tory, within ten miles on each side of said road beyond the limits prescribed in said charter, as will make up such deficiency, on said main line or branch, except mineral and othei lands, as ex cepted in the charter of said company of 1864, to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, pre-empted, or otherwise disposed of, sub sequent to the passage of the act of July 2, 1864. And that twenty-five miles of said main line, between its western terminus and the city of Portland, in the State of Oregon, shall be com pleted by the 1st day of January, A. D. 1872, and forty miles of the remaining portion thereof each year thereafter, until the whole shall be completed between said points: Provided, That all lands hereby granted to said company, which shall not be sold or disposed of or remain subject to the mortgage by this act authorized at the expiration of five years after the completion of the entire road, shall be subject to settlement and pre-emption, like other lands, at a price to be paid to said company not exceeding $2 50 per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgaged lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be exe cuted, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale, at places within the States and Territories in Which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and best bidder: Provided further, That in the construction of the said rail road, American iron or steel only shall be used, the same to be manufactured from American ores exclusively. Sec. 2. That Congress may at any time alter or amend this joint resolution, having due regard to the rights of said companv and any other parties. Approved, May 31, 1870.- The final vote on this bill was as follows: In Senate, April 21, 1870. Yeas — Messrs. Ames, Anthony, Brownlow, Bucking ham, Cameron, Chandler, Cole, Corbett, Cragin, Fen ton, Ferry, Flanagan, Hamilton of Texas, Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, MorriU of Vermont, Norton, Nye, Osborn, Pat terson, Pomeroy, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson, Yates — 40. Nats — Messrs. Bayard, Boreman, Casserly, Fowler, Harlan, McCreery, Morton, Pratt, Saulsbury, Schurz, Wil ley— 11. In House op Representativcs, May 26, 1870. Yeas— Messrs. Allison, Ames, Archer, Armstrong, At- wood, AxteU, Ayer, Bailey, Banks, Barnum, Barry, Ben nett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. But ler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Deg- ener, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Gibson, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey, .Myers, Negley, Newsham, O'Neill, Peek, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Sclignok, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sliemod, Shober, Joseph S. Smith, William J. Smith, Worthington C. Smith, Wm. Smyth, Starkweather, Stokes, Stough ton, Strickland, Taffe, Tanner, Tillman, Townsend, Ti-imble, Twichell, Van Auken, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. WilSrni — 107. Nats— Messrs Ambler, Arnell, Asper, Beatty, Beck, Biggs, Bird, James £roofci,,Buflinton, Burchard, Cessna, Sidney Clarke, Cleveland, 'Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Getz, Griswold, Haight, Haldeman, Hale, Hamill, Hawkins, Hawley, Hay, Heflin, Hill, Holman, Ingersoll, Kerr, Knott, Lawrence, Lewis, MarshaU, Mayham, McCrary, McGreW, McNeely, Mercur, Eliakim H. Moore, Jesse H. Mootb, William Moore. Morgan, Orth, Packard, Packer, Paine, Potter, Randall, Reeves, Rice, Rogers, Sargent, Schofield, Shanks; John A. Smith, Stevens, Stevenson, Stiles, Stone, Strong, Swann, Taylor, Tyner, Upson, Van Wyek, Voorhees, Ward, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward— 85. LAND SUBSIDIES. 567 Previous Votes, In Senate. 1870, February 8 — Mr. Ramsey introduced the resolution which on February 22 was reported from the Committee on the Pacific Railroad, as follows : Be it resolved, &c, That the northern Pacific Sailroad Company be, and hereby is, authorized to issue its bonds to aid in the construction and equipment of its road, and to secure the same by mortgage on its property and rights of property of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation ; and, as proof and notice of its legal execution and effectual delivery, said mortgage shall be filed and recorded in the office of the Secretary of the Interior, and when so filed shall be deemed to be a good and sufficient conveyance of all the rights and property of said company as therein expressed, and also to locate and construct, under the provisions and with the privileges and duties provided for in its act of incorporation and the amendments thereto, its main road to its western terminus, via the valley of the Columbia River, with the right to locate and construct its branch from some convenient point on its mai n trunk line, across the Cascade mountains, to Puget Sound; and in the event of there not being in any State or Territory in which said main line or branch maj' be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of said road beyond the limits prescribed in said charter, as will make up such deficiency on said main line or branch. And that twenty-five miles of said main line, between its western terminus and the city of Portland, in the State of Oregon, shall be completed by the 1st day of January, A. D. 1872, and forty miles of the remaining portion thereof each year thereafter, until the whole shall be completed between said points. April 11— Mr. Thurman moved to insert at the end of the resolution the following : And the rights and privileges hereby conferred upon said company, and the grants of land here by made to it, are conferred and made upon the following express conditions, to wit: First. That the alternate sections of land here tofore or hereby granted to said company, except such portions thereof as shall be laid out by said company in town or city lots, and such portions thereof as shall be used by it for depots, ditches, water-stations, round-hpuses, coal, wood, lumber, and cattle-yards, aites for workshops, and other buildings or structures necessary for said road or ¦ branch road, sball he sold by said company to actual settlers upon the same and to no other person or persons ; and no such settler shall be entitled to purchase more than one hundred and sixty acres thereof, nor shall he or those claiming under him receive a deed therefor until the same shall have been actually occupied by him or by him and them at least two years. Second. The price at which said lands shall be sold by said company to actual settlers, as afore said, shall not exceed $1 25 per acre, with inter est at the rate of six per cent, per annum upon deferred payments. Third. Such actual settlers shall respectively be entitled to purchase said lands, as aforesaid, in lots of forty, eighty, or one hundred and sixty acres. Fourth. All said lands for sale to actual set tlers, as aforesaid, that shall not be sold by said company within fifteen years from the passage of this joint resolution, shall revert to the United States. Fifth. Any mortgage or mortgages of said lands or any part thereof that may be made or executed by said company shall be subject to the conditions aforesaid in favor of the actual settlers or of the United States, and no foreclosure of any such mortgage or sale thereunder by any trustee or trustees, or under any judicial judgment or decree, shall operate to deprive such actual settlers or the United States of the rights and privileges hereinbefore specified ; nor shall anything in this resolutiou contained be held to waive the condi tions upon which patents are to issue, specified in section four of the charter of said company. Sixth. Within ninety days after the passage of this joint resolution said company shall file in the Department of the Interior its written assent to the foregoing conditions, and if it shall fail so to do, this joint resolution shall become null and void. Mr. Wilson moved to strike out the words "heretofore or," in the first of the conditions, which was agreed to — yeas 30, nays 9, as follow: Yeas — Messrs. Ames, Anthony, Chandler. Cole, Conk ling, Corbett, Cragip, Flanagan, Fowler, Gilbert, Ham ilton of Texas, Hamlin, Howard, Kellogg, McDonald, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart, Sumner, Tipton, Trumbull, Williams, -Wilson— 30. Nats' — Messrs. Bayard, Casserly, Davis, Harlan, How ell, Johnston, McCreery, Pool, Thurman — 9. Mr. Thurman's amendment was then disagreed to — yeas 15, nays 26, as follow: Yeas— Messrs. Anthony, Bayard, Casserly. Cragin, Davis, Fowler,' Harlan, Howell, Johnston. McOreery, Pool, Stockton, Thurman. Tipton, Wilson— 15. Nats — Messrs. Ames, Chandler, Cole, Conkling, Cor bett, Drake, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Howard, Howe, Kellogg, McDonald, Morrill of Vermont, Kye, Osborn, Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart, Sumner, Trumbull, Williams— 26. Mr. Wilson moved to insert after the word "branch," in line 35, the following: And the additional alternate sections of land granted by this resolution shall be sold by the company only to actual settlers, in quantities not exceeding one hundred and sixty acres or quarter-section to any one settler, and at prices not exceeding $2 50 per acre; Which was disagreed to — yeas 15, nays 22, as follow: Yeas— Messrs. Anthony, Bayard, Casserly, Cragin, Davis, Fowler, Harlan, Howell, Johnston, McCreery, Pool, Thurman. Tipton. Trumbull, Vickers— 15. Nats— Messrs. Ames, Chandler, Cole, Corbett, Drake, Flanagan, Gilbert, Hamlin, Howard. Howe. Kellogg, McDonald, Morrill of Vermont, Nye, Osborn, Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart", Williams— 22. April 20. Mr. Harlan moved to strike out the following words : And in the event of there not being in any 568 POLITICAL MANUAL. State or Territory, in which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said com- •pany shall be entitled, under the directions of the Secretary of the Interior, to receive so many sec tions of land belonging to the United States, and designated by odd numbers, in such State or Ter ritory, within ten miles on each side of said road, beyond the limits prescribed in said charter, as will make up such deficiency on said main line or branch* to the amount of the lands that bave been granted, sold, reserved, occupied by home stead settlers, pre-empted or otherwise diapoaed of subsequent to the passage of the act of July 2, 1864. Which was disagreed to — yeas 11, nays 41, as follow: Yeas — Messrs. Buckingham. Casserly, Davis, Harlan, Howell, McCreery, Pratt, Saulsbury, Schurz, Thurman, Willey— 11. Nats — Messrs. Ames, Anthony, Brownlow, Chandler, Cole, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Patterson, Pomeroy, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Seott, Sherman, Spencer, Stewart, Sumner, Thayer, Trum bull, Williams, Wilson— 4.1. Mr. Howell moved to insert the following pro viso at the end of the resolution : Provided, That all lands granted by this joint resolution, which shall not be sold or disposed of by said company within five years after the road shall have been completed, Bhall be subject to set tlement and pre-emption like other lands, at a price not exceeding $1 25 per acre, to be paid to said company. Which was disagreed to — yeas 13, nays 34, as follow : Yeas — Messrs. Boreman, Casserly, Davis, Fowler, Har lan, Harris, Howe, Howell, McCreery, Saulsbury, Thur man, Willey, Wilson — 13. Nats— Messrs. Ames, Anthony. Brownlow. Bucking ham. Chandler, Cole, Corbett, Cragin, Edmunds, Fen ton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Ham lin, Howard, Kellogg, McDonald, Morrill of Maine, Mor rill of Vermont, Norton, Nye, Osborn, Pomeroy, Ram sey, Revels, Robertson, Ross, Sawyer, Seott, Sherman, Stewart, Thayer, Williams— 34. Mr. Casserly moved to insert the following proviso : Provided, That all lands granted by this joint resolution, which shall not be sold or disposed of by said company within ten years after the road shall have been completed, shall be subject to settlement and pre-emption like other lands, at a price not exceeding $1 25 cents per acre, to be paid to said company. Which was disagreed to — yeas 16, nays 28, as follow : Yeas— Messrs. Anthony, Boreman, Cameron, Casserly, Davis, Fowler, Hamlin, Harlan, Howe, Howell, Mc Creery, Saulsbury, Thurman, Warner, Willey, Wilson — 16. Nays— Messrs. Ames, Brownlow, Buckingham, Chan dler, Corbett, Cragin, Edmunds, Flanagan, Gilbert, Howard, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Robertson, Ross, Sawyer, Seott, Stewart, I Thayer, Williams— 28. * The remainder of the section was not in the bill as reported from the committee, but seems to have been inserted informally; at what time the record does not show. April 21. — Mr. Thurman moved to insert at the end of the resolution the following: And the rights and privileges hereby conferred upon said company and the grants of laud here by made to it are conferred and made upon this condition : That said company, its successors and' assigns, shall forever transport over said road and its branches, free from any toll or charge, all troops, produce, stores, and munitions of war that may belong to the United States. Which was disagreed to — yeas 12, nays 35, as follow : Yeas — Messrs. Ames, Bayard, Boreman, Cameron, Casserly, Harlan, McCreery, Morton, Pratt, Saulsbury, Wil ley, Yates— 12. Nats — Messrs. Anthony, Brownlow, Chandler, Cole, Corbett, Cragin, Fenton, Flanagan, Fowler, Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Osborn, Pat terson, Pomeroy, Ramsey, Revels, Rice, Robertson, Sawyer, Seott, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson — 35. Mr. Scott moved to insert at the end of the res olution the following: Provided, That all lands hereby granted to said company which shall not be sold or disposed of or remain subject to the mortgage by this act au thorized, at the expiration of five years after the completion of the entire road, shall be subject to settlement and pre-emption like other lands, at a price to be paid to said company not exceeding ij>2 50 per acre. And if the mortgage hereby au thorized shall at any time be enforced by fore closure or other legal proceeding, or the govern ment lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default ofsaidcompany under the terms thereof, such lands shall be sold at public sale at . places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdi visions thereof, to the highest and best bidders. Which was agreed to — yeas 38, nays 8, as fol low: Yeas— Messrs. Anthony, Bayard, Boreman, Bucking ham, Cameron, Casserly, Chandler, Cole, Corbett, Cragin, Fenton, Ferry, Fowler, Harlan, Harris, Howard, Howe, Kellogg, McCreery, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osborn, Patterson, Pratt, Ramsey, Revels, Saulsbury, Scott, Spencer, Sumner, Thayer, Trumbull, Willey, Williams, Wilson, Yates— 38. Nats— Messrs. Ames, Brownlow, Flanagan, Hamilton of Texas, Nye, Pomeroy, Robertson, Stewart— 8. Mr. Cameron moved to insert at the end of the resolution the following: Provided further, That in the construction of the said railroad American iron or steel only shall be used, the same to be manufactured from Amer ican ores exclusively. Which was agreed to — yeas 27, nays 18, as follow : Yeas— Messrs. Anthony, Boreman, Brownlow, Buck ingham, Cameron, Chandler, Cragin, Fenton, Flanagan, Fowler, Hamlin, Harlan, Harris, Howard, Howe, Mc Donald, Morton, Nye, Osborn, Patterson, Pratt, Ram sey, Revels, Scott, Stewart, Thayer, Willey— 27. Nays— Messrs. Ames, Bayard, Casserly, Cole, Corbett, Ferry, Kellogg, McOreery, Pomeroy, Rice, Robertson, Saulsbury, Spencer, Sumner, Trumbull, Williams, Wil son, Yates-rl8. In House op Repbesentatives. 1870, May 25 — Mr. Hawley moved to amend, by adding to the first section as follows: And provided further, That the privileges here- LAND SUBSIDIES. 569 in granted are upon the following conditions, namely: all.thelandsherein or heretofore granted to said railroad company shall be sold to actual settlers only, and in quantities not greater than one hundred and sixty acres to any one person, and for a price not exceeding $2 50 per acre : And provided further, That no mortgage that may be given by said railroad company snail operate to prevent the sale to actual settlers only, upon the terms and conditions herein provided, of all the lands herein or heretofore granted by the United States to said railroad company, and any viola tion of this condition shall work a forfeiture of all the lands herein or heretofore granted by the United States to said railroad company. Which was disagreed to — yeas 78, nays 106, as follow : Yeas — Messrs. Adams, Ambler, Arnell, Asper, Ayer, Beatty, Bijgs, Bird, James Brooks, Buffinton, Burchard, Sidney Clark, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Degener, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Kaight,Haldemun, Hawkins, Hawley, Hay, Hays, Heflin, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Packard, Pack er, Paine, Pomeroy, Potter, Randall, Reeves, Rice. Rogers, Sargent, Shanks, Slocum, John A. Smith, William Smyth, Stevenson, Stiles, Tyner, Upson, Ward, Cadwalader C. Washburn, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward — 78. Nats— Messrs. Allison, Ames, Archer, Armstrong, At- wood, Axtell, Bailey, Banks, Barnum, Barry, Beaman, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R.Butler, Cake, Calkin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Gibson, Hale, Hamill, Hamilton, Harris, Hoar, Hooper. Hotchkiss. Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham. Maynard. McCar thy, McKee, McKenzie, Daniel J. Morrell, Morrissey, My ers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer,Schenck, Schu maker, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Worth ington 0. Smith, Starkweather, Stokes, Stone. Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Till man, Tnmble, Twichell, Van Auken, William B. Wash burn, Welker, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson— IK. Mr. Sargent moved to strike out the proviso inserted in the Senate on motion of Mr. Scott, and to insert as follows : Provided, That all lands granted to said com pany shall be subject to settlement and pre-emp tion like other lands, at a price to be paid to said company, not exceeding $2 50 per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgage lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and best bidder; and the pur chasers at said sale, except actual settlers on not greater subdivisions than one hundred and sixty acres, shall acquire no higher interest in said lands than is by this act granted to said com pany; and as to all lands purchased under any such sale by any corporation or by other persons, greater in quantity than one quarter section for any one person, all such lands shall be and re main subject to the right of purchase by actual settlers at a price not exceeding $2 50 per acre, and in amounts not exceeding one quarter sec tion by any one person, under such rules and regulations as the Secretary of the Interior may prescribe to carry this provision into effect. Which was disagreed to — yeas 73, nays 104, as follow : Yeas— Messrs. Ambler, Arnell, Asper, Ayer, Beatty, Beck, Bird, James Brooks, BufHnton, Burchard, Sidney Clarke, Cleveland, Amasa Cobb. Coburn, Cook, Cowles, Cox, Crebs, Cullom, Degener, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Halde man, Hawley, Hay, Hays, Heflin, Ingersoll, Johnson, Judd, Ken; Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, William Moore, Morgan, Morphis, Packard, Paine, Potter, Ran dall. Rice, Rogers, Sargent, Shanks, Slocum, John A. Smith, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyek, Ward, Cadwalader C. Washburn, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward — 73. Nays — Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Bailey, Banks, Barnum, Barry, Bea man, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M.Brooks. Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Gibson, Hamill, Hamilton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lo gan, Lynch, Maynard, McCarthy, McKee, McKenzie, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Packer, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A Sheldon, Sheirod, Joseph S. Smith, Worthington C. Smith, William Smyth. Starkweather, Stone. Stough ton; Strickland, Strong, Taffe, Tanner, Taylor, Till man; Trimble, Twichell, Van Auken, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson— VH. May 26 — Mr. Welker moved to amend, by adding to the first section the following : Provided further, That as to all new grants herein of additional lands, such lands, excepting pine and fir timber lands and mineral lands, shall be sold by Baid company to actual settlers at a price not exceeding $2 50 per acre, and in quan tities not exceeding one hundred and sixty acres to any one person, under such regulations as may be prescribed by the Secretary of the Inte rior. Which was disagreed to — ayes 87, nays 95, as follow : Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Beck, Biggs Bingham, Bird, James Brooks, Buffinton, Burch ard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleve land, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickey, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Ferry, Finkelnburg, Cetz, Griswold, Haight, Haldeman, Hawley, Hay, Hays, Heflin, Holman, Ingersoll, Johnson, Judd, Kerr, Knott, Lawrence. Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Niblack, Orth, Packard, Packer, Paine, Palter. Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, William Smyth, Stevens, Stevenson, Stiles, Strong, Townsend, Tyner Upson. Van Wyek, Voorhees, Ward, Welker, Wil lard, Williams, John T. Wilson, Winans, Witcher, Woodward — 87. , . , Nats— Messrs. Allison, Ames, Archer, Armstrong, At wood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Blair, Boles, Booker, Boyd, George M. Brooks, Buckley, Burdett, Roderick R.. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb. Conger, Conner. Covode, Cowles, Dawes, Dixon, Dox, Ferriss, Fitch, Fox, Garfield, Hale, Hamill, Hamil ton, Harris, Hoar, Hooper Hotchkiss Alexander H. Jones, Kelley, Kellogg, Kelsey Ketcham Knapp, Laflin, Lash, Logan, Lynch. Mayham, Maynard Met ai- thy, McKee McKenzie, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Peck Perce, Peters, Phelps, Poland, Prosser, Roots, Saw?er; Sohenck, Schumaker, Lionel A. Sheldon, Porter 570 POLITICAL MANUAL. Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, Starkweather, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M, Wilson— 95. Mr. Randall moved to insert, after the words "Secretary of the Interior," in line eleven, the following : Provided, That nothing in this act shall be construed as a guaranty by the United States of the bonds issued by said company or its agents, or of any bonds authorized or permitted by this act. Which was disagreed to — yeas 89, nays 92, as follow : Yeas — Messrs. Adams, Ambler, Archer, Arnell, Asper, Beatty, Biggs, Bird, James Brooks, Buffinton, Burchard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Dickey, Dickinson, Donley, Duval, Dyer, Ela, El dridge, Farnsworth, Finkelnburg, Getz, Griswold, Haight, Haldeman, Hale, Hamill, Hamilton, Hawley, Hay, Hays, Heflin, Hill, Holman, Ingersoll, Judd, Kerr, Knott, Law rence, Lewis, Marshall, McCrary, M'cGrew, McKenzie, McNeely, Mercur, Eliakim H.Moore, Jesse H.Moore, William Moore, Morgan, Orth, Packard, Packer, Paine, Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, Stevens, Stevenson, Stiles, Swann, Tillman, Tyner, Upson, Van Wyek, Voorhees, Ward, Welker, Wil lard, Williams, John T. Wilson, Winans, Witcher, Woodward — 89. Nays — Messrs. Allison, Armstrong. Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Harris, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Maynard, McCarthy, McKee, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peek, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkwether, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Town- send, Trimble, Twichell, Van Auken, William B. Wash burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil son — 92. Mr. Sidney Clarke moved to amend, by adding the following additional Bection : Seo. — . That the lands granted by this act and all previous acts to said company shall inure to the benefit of said company, its assigns and suc cessors, in the manner following, that is to say: that all the lands shall be immediatley open to settlement, and shall be sold to actual settlers only, who shall be entitled to receive patents therefor in contiguous parcels not exceeding a quantity equal to one quarter section to any one person, and at the price of $2 50 per acre, under such rules and regulations as may be prescribed ¦ by the Secretary of the Interior, in accordance with the provisions of this act: Provided, how ever, That such persons shall be citizens of the United States, or shall have declared their inten tion to become such, before they shall be entitled to become actual settlers under the provisions of this act: And provided further, That when the company shall file with the Secretary of the In terior the certificate of the Governor ofthe State or Territory in which Baid road is located that any twenty consecutive mileB of said road have been completed in a good, substantial, and work manlike manner, together with a map designat ing by the public surveys the line of such com pleted portion, and the points of beginning and ending, the Secretary of the Interior shall there upon direct the proper district land officers to give public notice to all actual settlers under the provisions of this act residing on the granted lands opposite to and conterminous with said completed section, to make proof and paymentto the district land officers for their claims within three months from the date of said notice ; and the registers and receivers shall report the sale of said lands monthly, as in the sales of public lands ; and the amount received shall be placed by the receivers to the credit of the railroad com pany, in such depository as they may designate : Provided, That if any settler shall fail to make proof and pay for his claim within the time herein specified, his right thereto shall become forfeited, and the land shall be patented to the said com pany: And provided further, That patents shall issue to saicf company for all lands which shall remain unsold afterthe expiration ofthree months from the date of completion of each section of said road : And provided also, That the railroad company may, at any time, sell, convey by deed, mortgage, or deed of trust, all of said land, to persons or corporations, and not actual settlers, and at such prices and on such terms as the par ties may agree upon: Provided, That when so sold or conveyed the said lands in the hands of the purchaser, mortgagee, or trustee, or other grantees, shall be subject to sale to actual settlers within the time limited as aforesaid, and on the same terms as though the said deed, mortgage, or deed of trust had never been made: Provided, That if said road is not completed within ten years from the date of the acceptance ofthe grant herein made, the lands remaining along the un completed portions of the road shall revert to the Government and be open to pre-emption and homestead entry after due public notice by the district land officers, under instructions from the Secretary of the Interior, as provided in the case of public lands. Which was disagreed to — yeas 68, nays 117, as follow: Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Biggs, Bird, Buffinton, Burchard, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Cobum, Cook, Cox, Crebs, Cul lom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Griswold, Haigltt, Haldeman, Hawkins, Hawley, Hay, Heflin, Holman, Ingersoll, Johnson, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, Mc Grew, McNeely, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, RandoM, Reeves, Rice, Ridgway, Rogers, Sargent, Shanks, John A. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyek, Ward, Williams, John T. Wilson, winans, Witcher', Woodward — 68 Nays— Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett; Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Deaener, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Finkelnburg, Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Harris, liavs, Hoar, Hooper, Hotchkiss, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan. Lynch. Mayham. Maynard, McCarthy, McKee, McKenzie, Mercur, Morphis, Daniel J. Morrell, Samuel P. Morrill, Mm-risrey, Myers, Negley, Newsham, O'Neill, Packer, Paine, Peck. Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Shel don, Sluarod, Shoher. Joseph S^Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, William B. Washburn, Welker, Wheeler, Whit more, Wilkinson. Eugene M. Wilson — 117. LAND SUBSIDIES. 571 Mr. Ela moved to add at the end of section one the following : And provided further, That any railroad now authorized or which hereafter may be author-. ized to be built by competent State or national authority, whose line of road does or shall inter sect the line ofthe said Northern Pacific Railroad Company, shall have the right of way to the ex tent of two hundred feet in width, with necessary grounds for depot purposes, over and across the lands of such company, now or heretofore granted to said Northern Pacific Railroad Company by act of Congress, free of any charge whatever. Which was disagreed to — yeas 69, nays 112, as follow : Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Beck, Bird, James Brooks, Buffinton, Burchard, Cessna, Sid ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Orebs, Cullom, Dicldnson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawkins, Hawley, Hay, Heflin, Holman, In gersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McKee, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, RandaU, Beeves, Rice, Sargent, Shanks, John A. Smith, William J. Smith. Stevens, Stevenson, Stiles, Tyner, Upson, Van Wyek, Williams, John T. Wilson, Winans, Witcher, Woodward— 69. Nays — Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Bow en, Boyd, George M. Brooks, Buckley, Burdett, Rod erick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Pitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Har ris. Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley. Kellogg. Kelsey, Ketcham, Knapp, Laflin, Lash, Lo gan, Lynch, Mayham, Maynard, McCarthy, McKenzie, Mercur, Daniel J. Morrill, Morrissey, Myers, Negley, . Newsham, Packer, Peck, Perce, Peters, Phelps, Poland, ^Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Town- send, Trimble, Twichell, Van Auken, Voorhees, Ward, William B, Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson — 112. Mr. Lawrence moved to insert the following additional section : Sec. — . Thatsaid railroad company shall make reports annually, or oftener, if required by the Secretary of the Interior, of its condition and transactions, and containing all such information as said Secretary may require, and in such form md verified in such manner as he may require. Which waa disagreed to — yeas 62, nays 95, as - follow: Yeas— Messrs. Ambler, Archer, Asper, Beatty, Beck, Mrd, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dicldnson, Oonley, Duval, Dyer, Farnsworth, Finkeln burg, Getz, Haldeman, Hawley, Hay, Heflin, Holman, Kerr, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely, Mercur, Jesse H. Moore, William Moore, Morgan, Orth, Packard. Packer, Potter, Randall, Reeves, Rice, Ridgway, ¦Rogers, Sargent, Shanks, Stevenson, Stiles, Tyner, Van wyek, Voorhees, Ward, Williams, John T.Wilson, Winans, Witcher, Woodward — 62. Nats— Messrs. Allison, Armstrong, Atwood, Axtett, Iyer, Bailey, Barnum, Barry, Bennett, Benton, Bing ham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Sutler, Cake, Calkin, Churchill, William T. Clark, Con ger, Conner, Covode, Cowles, Degener, Dixon, Dockery, Box, Ferriss, Ferry, Fitch, Fox, Garfield, Hale, Hamil ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg; Kelsey. Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, Phelps, Poland, Pomeroy, Roots, Sawyer, Schumaker, Porter Sheldon, Sherrod, Shober, Joseph & Smith, Wor thington C. Smith, William Smyth, Starkweather, Stokes, Stones Stoughton, Strickland, Tanner, Taylor, Townsend, Trimble. Twichell, Van Auken, Wheeler, Wil kinson, Eugene M. Wilson— vb. Mr. Lawrence further moved to amend by adding the following -. Ana the United States shall have the right, at all times, to take possession of and own the road of said company, and all its appurtenances, on paying the actual and legitimate cost thereof, exclusive of the value of the lands granted to said company and the proceeds thereof. Which Was disagreed to — yeas 52, nays 115, as follow : Yeas — Messrs. Ambler, Arnell, Asper, Beatty, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Duval, Dyer, Ela, Farnsworth, Finkelnburg, Haldeman, Haw ley, Hay, Heflin, Holman, Ingersoll, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely, Eliakim H. Moore, William Moore, Morphis, Orth, Packard. Packer, Potter, RandaU, Reeves, Rice, Sargent, Shanks, William J. Smith, Stiles, Tyner, Van Wyek, Williams, Winans, Witcher, Woodward — 52. Nats — Messrs. Allison, Ames, Archer, Armstrong, At wood, Axtell, Ayer, Bailey, Barnum, Barry, Beck, Ben nett, Benton, Biggs, Bingham, Bird, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, Churchill, Cleveland, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Davis, Dawes, Dixon, Dockery, Donley, Dox, Ferriss, Ferry, Fitch, Garfield, Getz, Hale, HumiU, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin. Lash, Logan, Lynch, Maynard, McCar thy, McKee, McKenzie, Mercur, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Perce, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Sliober, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark weather, Stokes, Stone, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Van Auken, Voorhees, Ward, William B. Wash burn, Wheeler, Wilkinson, Eugene M. Wilson— 115. Mr. Coburn moved to insert after the word "point," in line sixteen, these words: "not ex ceeding three hundred miles east of the western terminus," so as to provide that the branch shall not be over three hundred miles in length. Which was disagreed to — yeas 68, nays 99, as follow : Yeas— Messrs. Allison, Ambler, Arnell, Asper, Beatty, Bingham, Bird, James Brooks, Buffinton, Cessna, Sid ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, CulLom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawley, Hay, Heflin, Holman, Ingersoll, Judd, Knott, Lawrence, Lewis, MarsliaU, McCrary, Mc Grew, McNeely, Mercur, William Moore, Morgan, Orth, Packard, Packer, Paine, Potter, RandaU, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyek, Voorhees, Ward, Williams, Winans, Witcher— 68. Nats— Messrs. Ames, Archer, Armstrong, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Call-in, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Degener, Dixon, Dox, Ferriss, Ferry, Fitoh, Fox, Garfield, Getz, Hamill, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, I/ash, Logan, Lynch, Maynard, McCarthy, Mc Kee, McKenzie, Morphis, Daniel J. Morrell, Momssey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Shel don, Sherrod. Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson, Woodward— 99. Mr. Coburn further moved to amend, by strik- , ing out the words, "and to secure the same by mortgage on its property and rights of property 572 POLITICAL MANUAL. of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation;" and inserting these words: "and to secure the same by mortgage on its tracks, depots, rolling stock, and other personal property alone." Which was disagreed to — yeas 59, nays 107, as follow : Yeas — Messrs. Ambler, Arnell, Asper, Beatty, Bird, Buffinton, Burchard, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Crebs, Cullom, Dickinson, Duval, Ela, Eldridge, Farnsworth, Finkelnburg, Gris wold, Haight, Haldeman, Hawley, flay, Heflin, Holman, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Mar shall, McCrary, McGrew, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Packer, Ran dall, Reeves, Rice, Sargent, Shanks, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyek, Voorhees, Williams, Winans, » itcher— 59. Nays — Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, Buck ley, Burdett, Roderick R. Butler, Cake, Calkin, Church ill, William T. Clark, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kel ley. Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Mercur, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham. O'Neill, Paine, Peck, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strick land, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Ward, William B. Wash burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil son, Woodward — 107. Mr. Williams moved to add to the 1st section the following: And be it further provided, That the grants of lands herein stipulated to said company are made upon the express condition that the Congress of the United States reserves the right to regulate and limit the rates of freight and fare of passen gers on said road, whenever, in the opinion of Congress, the same shall become necessary to protect commerce among the several States. Which was disagreed to — yeas 72, nays 94, as follow: Yeas — Messrs. Allison, Ambler. Arnell, Asper, Beatty' Buffinton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Degen er, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Fink elnburg, Garfield, Haldeman, Hamilton, Hawkins, Haw ley, Hay, ileflin, Holman, Ingersoll, Johnson. Judd, Knott, Lawrence, Lewis, McCrary, McGrew, McNeely, Mercur, Eliakim H, Moore, William Moore, Newsham, Orth, Packard. Packer, Paine, Pomeroy, Potter, Ran dall, Reeves, Rice, Sargent, Shanks. John A. Smith, Wil liam J. Smith, Stevens, Stevenson, Stiles, Strong, Ty ner, Upson, Van Wyek, Ward, William B. Washburn, Williams, John T. Wilson, Winans, Witcher, Wood ward — 72. Nats — Messrs. Ames, Armstrong, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Bird, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Roderick R. Butler, Cake, Callcin, Churchill, William T. Clark, Cleveland, Clinton L. Cobb, Conger, Conner. Covode, Dixon, Dox, Ferriss, Ferry, Fitch, Fox, Getz, Haight, Hamill, Harris, Hays, Hoge, Hooper, Hotchkiss, Kel ley, Kellogg, Kelsey, Kerr, Keteham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, MeKee, Morrihis, Daniel J. Morrell, Morrissey, Myers, Negley, O'Neill, Peck, Perce, Peters, Phelps. Poland, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark-; weather, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson — 94. The bill then passed both Houses as above. In Hotjse. 1870, March 21. — Mr. Holman submitted the following resolution, which was unanimously agreed to : Resolved, That in the judgment of this House the policy of granting subsidies in public lands to railroad and other corporations ought to be discontinued ; and that every consideration of public policy and equal justice to the whole peo ple requires that the public lands of the United States should be held for the exclusive purpose of securing homesteads to actual settlers under the homestead and pre-emption laws, subject to reasonable appropriations of such lands tor the purposes of education. LV. THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS. AH ACT to admit the State of Virginia to Repre sentation in the Congress of the United States. Whereas the people of Virginia have framed and adopted a constitution of State government which is republican ; and whereas the Legislature of Virginia elected under said constitution have ratified the XI Vth and XVth amendments to the Constitution of the United States; and whereas the performance of these several acts in good faith was a condition precedent to the representa tion of the State iu Congress : Therefore, _ Be it enacted, &c, That the said State of Vir ginia is entitled to representation in the Congress of the United States : Provided, That before any member of the Legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and subscribe and file in the office of the secretary of state of Virginia, for perma nent preservation, an oath in the form follow ing: "I, , do solemnly swear that I have never taken an oath as a member of Con gress, or as an officer of the United States, or as a member of any State legislature, or as an ex ecutive or judicial officer. of any State, to sup port the. Constitution of the United States, and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such per son shall in like manner take, subscribe, and file RESTORATION OF VIRGINIA, ETC. 573 the following oath .- " I, , do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XlVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and'shall be fined not less thah $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signa ture of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by compe tent authority: And provided further, That every such person who shall neglect for the pe riod of thirty days next after the passage of this aot to take, subscribe, and file such oath as afore said, shall be deemed and taken, to all intents and purposes, to have vacated his office : And provided further, That the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following fun damental conditions: First, That the constitu tion of Virginia shall never be so amended or changed as to deprive any citizen or class of citi zens of the United States of tbe right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit ants of said State: Provided, That any altera tion of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Second, That it shall never be lawful for the said State to deprive any citi zen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens. Third, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. Approved, January 26, 1870. The final votes on this act were as follow : Is Senate, January 24, 1870. Yeas— Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Carpeirter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Boss, Sawyer, Schurz, Scott, Sherman, Spencer, Stew art, Tipton, Trumbull, Warner, Willey, Williams, Wil son, Yates-47. Nats— Messrs. Bayard, Casserly, Davis, Fowler, WU- Ivm T. Hamilton, Norton, Saulsbury, Stockton, Thurman, Vickers— 10. In House, January 24, 1870. Yeas— Messrs. Allison, Ambler, Ames,. Armstrong, Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benja min, Bennett, Benton, Bingham, Blair, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. £U^LeiV ?u ' c?,ssna, Clarke, Amasa Cobb, Clinton L Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis, Dawes, Dixon, Donley Duval, Dyer, Ela, Farnsworth Ferriss, Ferry, Finkelnburg Fisher, Fitch, Garfield Gilfillan, Hale Hamilton, Hawley, Hay, Heaton, Heflin Hill Hoar. Sol. L.Hoge, Hooper, Ingersoll, Jenckes Judd, Julian, Kelley Kellogg, Kelsey, Ketcham Knapp, Laflin, Lash, Lawrence, Logan, Loughridee Lynch, Maynard, McCarthy, McCrary, McGrew, Elia kim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P.Morrill, Myers, Negley O'Neill Orth, Packard, Paine, Palmer, Peters, Phelps' Poland' Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthing ton C. Smith, William Smyth, Starkweather, Stevens, Stevens-on, Stokes, Stoughton, Strickland, Strong, Taffe Tanner, Tillman, Townsend, Twichell, Tyner, Upson Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whittemore Wil kinson, Willard, Williams, John T. Wilson, Winans— 136. Nats —Messrs. Adams, Archer, Axtell, Beck, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Deweese Dickinson, Dox, Eldridge, Getz, Golladay, Greene, Gris wold, Haldeman, Hambleton, Hamill, Hawkins, Holman Johnson, Thomas L. Jones, Kerr, Knott, Marshall, May ham, McCormick, McNeely, Morgan, Mungen, Niblack. Potter, Randall, Reeves, Rice, Rogers, Schumaker, Sherrod, Slocum, Joseph S, Smith, Stiles, Stone, Strader, Swann, Sweeney, Trimble, Van Auken, Van Trump, Voorhees Wells,\Eugene M. Wilson, Winchester, Wood, Woodward— 58. Previous Votes. In House. 1870, January 11— Mr. Farnsworth, from the Committee on Reconstruction, reported the fol lowing bill, to admit the State of Virginia to representation in the Congress of the United States : Whereas the people of Virginia have adopted a constitution republican in form, and by its pro visions assuring the equality of right in all citi zens of the United States before the law ; and whereas the Congress of the United States have received assurances and are assured that the people of Virginia, and especially those hereto fore in insurrection against the United States, have renounced all claims of any right of seces sion in a State, and that they are now well- disposed to the Government of the United States, and will support and defend the Constitution thereof, and will carry out in letter and spirit the provisions and requirements of the constitu tion submitted under the reconstruction acts of Congress, and ratified by the people of Virginia; Therefore, Be it enacted, &c, That the State of Virginia is entitled to representation in Congress as a State of the Union, under the constitution ratified on the 6th day of July, 1869, upon the following fundamental conditions : First. That no persons shall hold any office, civil or military, m said State, who shall not have taken and -subscribed one of the following oaths or affirmations, viz: "I do solemnly swear (or affirm) that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a mem ber of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and thereafter engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof;" or, "I do solemnly swear (or affirm) that I have been relieved from disability by an act of Congress, as provided for by the third sec- 574 POLITICAL MANUAL. tion of the XlVth article of the amendments of the Constitution ofthe United States." Second. 'Ihat the constitution of said State shall never be so amended or changed as to deprive any citi zen or class of citizens of the United States of the right to vote or hold office in said State who are entitled to vote or hold office by said consti tution, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State; or to prevent any person on account, of race, color, or previous condition of servitude from serving as a juror, or participating equally in the school fund or school privileges provided for in said constitution: Provided, That any altera tion of said constitution equally applicable to all the voters of said State may be made with re gard to the time and place of residence of said voters. Third. That all persons who shall at the time when said constitution shall take effect hold or exercise the functions of any executive, administrative, or judicial office in said State, by the appointment or authority of the district com mander, shall continue to discharge the duties of their respective offices until their successors or those upon whom such duties shall, under said constitution, devolve, are duly chosen or appointed and qualified. Seo. 2. That the election of United States Sen ators by the general assembly of said. State, on the 19th day of October, 1869, shall have the same validity as if made by previous authority of law. January 14 — Mr. Whittemore moved to amend ey inserting in the first section, at the end of the first condition, as follows : "And any person who shall falsely take either of the aforesaid oaths or affirmations shall be deemed guilty of perjury, and shall suffer the pains and penalties thereof, and may be tried, convicted, and punished therefor by the circuit court of the United States for the district in which said crime was committed, and the jurisdiction of said court shall be sole and exclusive for the pur pose aforesaid ;" which was agreed to — yeas 123, nays 70, as follow : Yeas— Messrs. Ambler, Ames, Armstrong, Arnell, As per, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buf finton, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Dawes, Diekey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Ferry, Fink elnburg, Fisher, Fitch, Garfield, Gilfillan, Hale, Ham ilton, Hawley, Hay, Heflin, Hill, Hoar, Solomon L. Hoge, Hooper, Ingersoll, Jenckes, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo gan, Loughridge, Maynard, McCarthy, McCrary, Mc Grew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps, Pomeroy, Prosser, Roots, San ford, Sargent. Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthi»p,ton C. Smith, William Smyth, Stark weather, Stevens, Stevenson, Stokes.Stoughton, Strong Taffe, Townsend, Twichell, Tyner, Upson, Van Horn! Ward, Cadwalader C. Washburn, William B. Washburn, \Wheeler, B. F. Whittemore, Willard, Williams, John T. Wilson, Winans, Witcher— 123. Nays— Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Cox, Deweese, Dickinson, Dock ery, Dox, Eldridge, Farnsworth, Fox, Getz, Golladay, Greene, Griswold, Haight, Haldeman, Hambleton, Hamill, Hawkins, Heaton, Holman, Johnson, Kerr, Knott, Mar shall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Reading, Reeves, Rice, Rogers, Schumaker, Slocum, Joseph S. Smith, Stiles, Stone, Strader, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Welker, Wells, Eugene M. Wifson, Winchester, Wood, Woodward— 10. Same day Mr. Bingham offered the following substitute: Whereas the people of Virginia have adopted a constitution republican in form, and have in all respects conformed to the requirements of the act of Congress entitled "An act authorizing the submission of the constitutions of Virginia, Mis sissippi, and Texas to a vote of the people, and authorizing the election of State officers, pro vided by the said constitutions, and members of Congress," approved April 10, 1869: Therefore, Be it resolved, &c, That the said State of Vir ginia is entitled to representation in the Con gress of the United States. Which was adopted — yeas 98, nays 95, as ioh low: Yeas— Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, George M. Brooks, James Brooks, Buckley, Burchard, Burr, Calkpi, Cleveland, Cox, Crebs, Cullom, Dawes, Deweese, Dickin son, Dockery, Dox, Eldridge, Farnsworth, Ferry, Fink elnburg, Fitch, Fox, Garfield, Getz, Golladay,' Greens, Griswold, Haight, Haldeman, Hale, Hambleton, Hamill, Hawkins, Hay, Heaton, Holman, Hooper, Ingersoll, Jenckes, Johnson, Kellogg, Kerr, Ketcham, Knott, Jjstf- lin, Logan, Marshall, Mayham, McCarthy, McCormick, McNeely, Jesse H. Moore, Morgan, Mungen, Niblack, Orth, Peters, Potter, Randall, Reading, Reeves, Rice, Ro gers, Sanford, Schumaker, Slocum, Joseph S. Smith, Worthington C. Smith, Stiles,, Stone, Strader, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene M. Wilson, John T. Wilson, Winans, Winchester, Witcher, Wood, Woodward —98. Nays — Messrs. Ambler, Ames, Armstrong, Arnell, Asper, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, Buck, Buffinton, Burdett, Roder ick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Fisher, Gilfillan, Hamilton, Hawley, Heflin, Hill, Hoar, Solomon L. Hoge, Judd, Kelley, Kelsey, Knapp, Lash, Lawrence, Loughridge, Maynard, McCrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neil, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Roots, Sargent, Schenck, Scofield, Shanks. Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Taffe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whitte more, Willard, Williams— 95. The bill was then passed — yeas 142, nays 49, as follow: Yeas — Messrs. Adams, Ames, Archer, Armstrong, Ax tell. Bailey, Banks, Barnum, Beaman, Beck, Benjamin, Bennett, Biggs, Bingham, Bird, Blair, George M. Brooks, James Brooks, Buck, Buckley, Burchard, Burdett, Burr, Roderick R. Butler, Cake, Calkin, Churchill, Clinton L. Cobb, Cook, Conger, Cowles, Cox, Crebs, Cullom, Dawes, Deweese, Diclcinson, Dockery, Dox, Duval, Dyer, Eld ridge, Farnsworth, Ferry, Finkelnburg, Fitch, Foj., Garfield, Getz, Gilfillan, Golladay, Greene, Griswold, Haight, Haldeman, Hale, Hambleton, Hamill, Hawkins, Hay, Heaton, Heflin, Hill, Holman, Hooper, Ingersoll, Jenckes, JbAnsoTi, .ladd, Kellogg, Kerr, Ketcham, Knott, Laflin, Lash, Logan, MarsliaU, Mayham, McCarthy, Me- Cormick, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, Morgan, Daniel J. Morrell, Samuel P. Morrill, Mungen, Myers, Niblack, Orth, Packard, Packer, Paine, Peters, Poland, Potter, Prosser, RandaU, Reading, Reeves, Rwe, Rogers, Sanford, Sargent, Schenck, Schu maker, Scofield, Porter Sheldon, Slocum, John A. Smith, Joseph S. Smith, Worthington C. Smith, Starkweather, StUes, Stone, Stoughton, Strader, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Twichell, Tyner, Upson, Van Auken, Van Trump. Voorhees, William B. Washburn, Welker, Wells, Williams, Eugene M. Wilson, John T. RESTORATION OF VIRGINIA, ETC. 575 Wilson, Winans, Winchester, Witcher, TFbod, Woodward -1«. Nats— Messrs. Ambler, Arnell, Asper, Beatty, Benton, Boles, Bowen, Boyd, Buffinton, Cessna, Clarke, Amasa Cobb, Coburn, Diekey, Dixon, Donley, Ela, Ferriss, pi|her. Hamilton, Hawley, Hoar, Solomon L. Hoge, Kelley, Kelsey, Lfcwrenee, Loughridge, Maynard, Mc Crary, William Moore, Negley, O'Neill, Palmer, Phelps, pomeroy. Roots, Shanks. William J. Smith, William Bmyth, Stevens, Stevenson, Stokes. Taffe, Townsend, Ward, Cadwalader C. Washburn, Wheeler, B. F. Whitte more, Willard— 49. In Senate. 1870, January 17 — Mr. Edmunds moved to amend by inserting at the end of the bill the following proviso : Provided, That before any member of the leg islature of said State shall take or resume his Beat, or any officer of said State shall enter upon the duties of his office, he shall take and sub scribe and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following : " I, , , do solemnly swear that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State leg islature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insur rection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such peraon shall in like manner take, subscribe, and file the following oath: " I, , do solemnly swear that I have by act of Congress of the United States been re lieved from the disabilities imposed upon me by the XlVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall he taken and held as conclusive evidence that such oath was regularly and lawfully admin istered by competent authority : And provided further, That every such person who shall ne glect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office ; Which (January 19) was agreed to — yeas 45, nays 16, as follow: Yeas— Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Mo- Donald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson— 45. . Nats— Messrs. Bayard, Casserly, Davis, Ferry, Fow ler, WiUiam T. Hamilton, Kellogg, McCreery, Norton, Boss, Saulsbury, Stewart, Stockton, Thurman, Trumbull, Viekers— 16. January 21 — Mr. Drake moved to insert at the end of the bill the following: And provided further, That the State of Vir ginia is admitted to representation in Congress as one of the States of the Union, upon the fol lowing fundamental conditions : First. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit ants of said State: Provided, That any altera tion of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Mr. Schurz moved to amend the amendment by inserting after the word "vote," the words "or to hold office," which was not agreed to — yeas 28, nays 32, as follow: Yeas — Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Chandler, Edmunds, Gilbert, Ham lin, Harlan, Harris, Howe, McDonald, Morrill of Ver mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Warner, Wilson, Yates— 28. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Davis, Drake, Fenton, Ferry, Fowler, WilUam T.Hamilton, Howard, Kellogg, Mor rill of Maine, Norton, Nye, Patterson, Ross, Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Willey, Williams— 32. The amendment of Mr. Drake was agreed to— yeas 31, nays 28, as follow : Yeas — Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gil bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Vermont, Morton, Osborn, Pat terson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Spen cer, Sumner, Thayer, Wilson, Yates— 31. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wil liam T. Hamilton, Morrill of Maine, Norton, Nye, Ross, Saulsbury, Sawyer, Seott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 28. Same day, Mr. Drake moved further to amend by inserting at the end of the bill the following: Second. That it shall never be lawful for the said State to deprive any citizen of the United States, on account of hie race, color, or previbus condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens. Which was agreed to — yeas 30, nays 29, as follow : Yeas — Messrs. Abbott, Boreman, Brownlow,Bucking- ham, Chandler, Drake, Edmunds, Gilbert, Hamlin, Har lan, Harris, Howard, Howe, Kellogg, McDonald, Mor rill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sum ner, Thayer, Wilson, Yates— 30. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Davis, Fenton, Ferry, Fow ler, William T. Hamilton, Morrill of Maine, Norton Nye, Ross. Saulsbury, Sawyer. Scott, Sherman, Stewart, Stock ton, Thurman, Tipton, Trumbull, Vickers, Warner, Wil ley, Williams— 29. Same day, Mr. Wilson moved to amend by in serting at the end of the bill the following: Third. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. 576 POLITICAL MANUAL. Which was agreed to — yeas 31, nays 29, as follow : Yeas — Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gil bert, Hamlin, Harlan, Harris, Howard, Howe, McDon ald, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, 8pencer, Sumner, Thayer, Wilson, Yates— 31. Nats — Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wil liam T. Hamilton, Kellogg, Morrill of Maine, Norton, Nye, Ross, Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 29. Same day Mr. Morton moved to amend the preamble as follows : The people of Virginia have framed and adopted a constitution of State government which is re publican ; and whereas the Legislature of Virginia elected under said constitution have ratified the XlVth and XVth amendments to the Constitu tion of the United States ; and whereas the per formance of these several acts in good faith was a condition precedent to the representation of the State in Congress : Therefore Which was agreed to — yeas 39, nays 20, as follow : Yeas— Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Chandler, Cole, Cragin, Drake, Ed munds, Fenton, Gilbert, Hamlin, Harlan, Harris, How ard, Howe, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Spen cer, Sumner, Thayer, Tipton, Willey, Williams, Wilson, Yates— 39. Nats — Messrs. Bayard, Carpenter, Casserly, Conkling, Corbett, Davis, Ferry, Fowler, William T. Hamilton, Kel logg, Norton, Nye, Saulsbury, Sherman, Stewart, Stock ton, Thurman, Trumbull, Vickers, Warner— 20. The bill as amended passed the Senate and waa concurred in by the House as above. The following bill passed both houses without opposition; the House, January 27; the Senate, January 31 : An Act to amend an act entitled "An act to ad mit the State of Virginia to representation in the Congress of the United States." Be it enacted, &c, That wherever the word "oath" is used in the act entitled "An act to ad mit the State of Virginia to representation in the Congress of the United States," it shall be construed to include an affirmation ; and every person required by said act to take either of the oaths therein prescribed, who has religious or conscientious scruples against taking an oath, may make and file an affirmation to the same pur port and effect: Provided, That all the pains and penalties of perjury prescribed by said act shall apply also to any false affirmation taken there under. Approved, February 1, 1870. AN ACT to admit the State of Mississippi to Rep resentation in the Congress of the United States. Whereas the people of Mississippi have framed and adopted a constitution .of State .government which is republican ; and whereas the legislature of Mississippi elected under said constitution has ratified the XlVth and XVth amendments to the Constitution of the United States ; and whereas the performance of these several acts in good faith is a condition precedent to the representa tion of the State in Congress: Therefore, Be it enacted, dec, That the said State of Mis sissippi is entitled to representation in the Con gress of the United States: Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take aud subscribe and file in the office of the secretary of state of Mississippi, for perma nent preservation, an oath or affirmation in the form following: "I, , do solemnly swear (or affirm) that I have never taken an oath a3 a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebel lion against the same, or given aid or comfort to the enemies thereof: so help me God;" or under the pains and penalties of perjury, (as the case maybe;) or such person shall in like manner take, subscribe, and file the following oath or affirmation: "I, , do solemnly Bwear (or affirm) that I bave by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIV th Amendment of the Constitution of the United States : so help me God;" or under the pains and penalties of per jury, (as the case may be;) which oaths or af firmations shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear or affirm falsely in taking either of such oaths or affirmations shall be deemed guilty of perjury, and shall be punished therefor by im prisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths or affirma tions, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation was regu larly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath or affirmation as aforesaid shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Missis sippi is admitted to representation in Congress as one of the States of the Union upon the fol lowing fundamental conditions : First, That the constitution of Missiasippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitu tion herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabit ants of said State : Provitlol, That any alteration of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Second, That it shall nevei be lawful for the said State to deprive any citi zen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to RESTORATION OF VIRGINIA, ETC. 577 require of him any other qualifications for office than such as are required of all other citizens. Third, That the constitution of Mississippi shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. Approved, February 23, 1870. The final votes on this act were as follow : In House, February 3, 1870. Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell. Asper, Ayer, Banks, Beaman. Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, Bow en, Boyd. George M. Brooks, Buck, Buckley, Buffinton, Burchara, Burdett, Benjamin F. Butler, Roderick E. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis. Dawes, Deweese, Dickey, Dixon, Dockery, Don ley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkolnburg, Fitch, Garfield, Gilfillan, Hale, Hamilton, Hawley, Hay, Heflin, Hill. Solomon L. Hoge, Hooper, Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch am, Knapp, Laflin, Lash, Lawrence, Logan, Lough ridge, Lynch, Maynai d, McCrary, McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Peters, Phelps, Platt, Pomeroy, Prosser, Ridgway, Roots, Sargent, Saw yer, Scofield, Shanks, Lionel A. Sheldon, Porter Shel don, John A. Smith, William Smyth, Starkweather, StcveDS, Stevenson, Stokes, Stoughton, Strong, Taffe, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whittemore, Wilkin son, Willard, Williams, John T. Wilson, Winans— 134. Nays— Messrs. Adams, Archer, Beclc, Biggs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinson, Dox, Eldridge, Getz, Gibson, GoUaday, Greene, Griswold, Haight, Bambleton, Hjmill, Hoar, Holman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Morgan, Niblack, Palmer, Potter, Randall, Reading, Reeves, Rice, Rogers, Schumaker, Sherrod, Stiles, Stone, Strader, Swann, Sweeney, Van Auken, Van Trump, Voorhees, Wells, Winchester, Wood, Woodward— 56. In Senate, February 17, 1870. Ysis^Messrs. Abbott. Anthony, Boreman, Brown low, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kel logg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, PomerQy, Pool, Pratt, Kamsey, Rice, Robertson, Ross. Sawyer, Seott, Spen cer, Sprague, Stewart, Sumner, Thayer, Tipton, Trum bull, Warner, Willey, Williams, Wilson, Yat-s— 50. Hats— Messrs. Bayard, Casserly, Davis, Fowler, Wil liam T. Hamilton, Johnston, McCreery, Saulsbury, Stock ton, Thurman, Vickers — 11. Previous Votes. In House. Mr. Beck offered as a substitute the following: Whereas the people of Mississippi have framed and adopted a constitutional State government, which is republican in form: Therefore, Be it enacted, &c, That the said State of Mis sissippi is entitled to representation in the Con gress of the United States. Which waa not agreed to — yeas 83, nays ICO, as follow: Yeas— Messrs. Adams, Axtell, Barnum, Beck, Biggs, Bird, Blair, James Brooks, Burchard, Burr, Calkin, Cleveland, Cox, Crebs, Deweese, Dickinson, Dockery, Dox, mriilge,. Farnsworth, Ferry, Finkelnburg, Fitch, Gar- »eld, Getz, Gibson, GoUaday, Griswold, Haight, Hale, Hambleton, Hamill, Hawkins, Hay, Hill, Holman, Jenckes, Johnson, Thomas L. Jones, Kellogg, Kerr, aetpham, Knott, Laflin, Logan, Marshall, Mayham, ¦wwrimcfc, McKenzie, McNeely, Milnes, Morgan, Niblack, wth, Potter, RandaU, Reading, Reeves, Rice, Ridgway, »»W«, Schumaker, Sherrod, 'Slocum, Joseph S. Smith, "Wes, Stone, Strong, Swann, Sweeney, Tanner, Tillman, inmble, VanAvkm, Van Trump, Voorhees, Wells, Eugene 37 M. Wilson, Winans, Winchester, Witcher, Wood, Wood ward— S3. ' Nays— Messrs. Allison, Ambler, Armstrong, Arnell Asper, Ayer, Banks, Beaman, Beatty, Benjamin, Ben nett, Benton, Boles, Booker, Boyd, George M Brooks Buck, Buckley, Buffinton, Burdett, Benjamin F. Bui> ler, Roderick R. Butler, Cake, Cessna, Churchill Clarke, Amasa Cobb, Clinton L. Cobb, Coburn Cook' Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer' Ela, Ferriss, Hamilton, Hawley, Heflin, Hoar, Judd Julian.Kelley, Kelsey, Knapp, Lash, Lawrence, Lvneh' McCrary, McGrew, Mercur, Eliakim II. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers Negley, O'Neill, Packard, Packer, Paine, Palmer, Pe ters, Phelps, Platt, Pomeroy, Prosser, Sargent, Sawyer. Schenck, Scolield, Shanks, Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Taffe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, B. F. Whittemore, Wilkinson, Wil lard, Williams, John T. Wilson— 100. In Senate. February 17 — Mr. Willey moved to strike out the third proviso and insert as follows : So much of the act of Congress entitled "An act to admit the State of Virginia to representation in the Congress of the United States," approved January 26, 1870, as declares that Virginia is admitted to representation upon certain funda mental conditions therein expressed, be, and the same is hereby, repealed. Which was disagreed to — yeas 23, nays 36, as follow : Yeas — Messrs Bayard, Casserly, Conkling, Davis, Fer ry, Fowler, William T. Hamilton, Johnston, Kellogg, Mc Creery, Nye, Ross, Saulsbury, Sawyer, Sprague, Stewart, Stockton, Thurman, Trumbull, Vickers, Warner, Willey, Williams— 23. Nays — Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Cameron, Chandler, Cole, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin. Harlan, Harris, Howard, Howell, McDonald, Morrill of Ver mont, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Scott, Spenee> Sum ner, Thayer, Tipton, Wilson, Yates— 30. The Committee on the Judiciary recommended to amend by striking out all the provisos ; which was disagreed to — yeas 27, nays 32, as follow: Yeas— Messrs. Bayard, Casserly, Cole, Conkling, Davis, Fenton, Ferry, Fowler, William T. Hamilton, Johnston, Kellogg, McCreery, Morrill of Maine, Ross, Salisbury, Sawyer, Scott, Sprague, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams— 27. Nats — Messrs. Abbott. Anthony, Boreman, Brown low, Buckingham, Cameron, ( handler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, McDonald, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robert son, Spencer, Sumner, Thayer, Wilson, Yates — 32. So the bill passed as above. AN ACT to admit the State of Texas to repre sentation in the Congress of the United States. Whereas tbe people of Texas have framed and adopted a constitution of State government which is republican; and whereas the Legislature of Texas elected under Baid constitution has ratified the XlVth and XVth amendments to the Con stitution of the United States ; and whereas the performance of these several acts in good faith is a condition precedent to the representation of the State in Congress : Therefore, Be it enacted, &c, That the said State of Texas is entitled to representation in the Congress of the United States: Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of saidi State 678 POLITICAL MANUAL. shall enter upon the duties of his office, he shall take and subscribe and fibrin the office of the secretary of state of Texas,/for permanent preser vation, an oath or affirmation iri the forth fol lowing: " I, T— '¦ — :, do' solemnly swear (or affirm) that I have never taken an oath as a member of Congress,. or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebel lion against the same, or given aid or comfort to the enemies thereof: so help me God ;" or under the pains and penalties of perjury, (as the case may be ;) or such person shall; ih like manner, take, subscribe, and file the following oath or affirmation: "1, -^ -, do solemnly Bw.eg,r (or affirm) that 1 have, by act of Congress of the' United States, been relieved from the disabilities imposed upon rhe by the XlVth Amferidment of the Constitution of the United- States : so help me God ; " or under the pains and penalties df per jury, (as the Case may be;) Which Oaths or af firmations shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear or affirm falsely in taking either of such oaths or affirmations shall be deenied guilty of perjury, and shall be putiishfed therefor by im prisonment not less than one year, and not more than ten years, and shall be fined not less than one thousand dollars, and not more than ten thousand dollars. And in all trials for any vio lation of this act the certificate of the.taking of either of said oaths or affirmations, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation was regularly and iawfully adminis tered by competent authority : And provided fur ther, That every such person who shall neglect for the period of thirty days next after the pas sage of this act to take, subscribe, and file such oath or affirmation, as aforesaid, shall be deemed and taken, to all intents and purposes, tb have vacated his office: And provided further, Tbat the State of Texas is admitted to representation in Congress as one of the States of the Union; upon the following fundamental conditions : First, That the constitution of Texas shall never be so amendedor changed as to deprive any citizen or c1e(ss of citizens of the United States of the right to vote who are entitled to vote by the constitu tion herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable , to all the inhabit ants of said State: Provided, That any alteration of said constitution, prospective in its effects, may be made in regard to the time and place of resi dence of voters. Second, That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, Color, or previous condition of servitude, of the right td hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all .other citizens. Third, That the constitution of Texas shall never be so attended Or changed, as to deprive any citizen or class of citizens of the Cnited. States of the school rights and privileges secured hy the constitution cl said State. Approved, March 30, 1870. The final votes on this act were as folfow: In Senate, March 29, 1870. YEAS — Messrs. Abbott, Boreman, Brownlow, Buck ingham, Cameron, Cattell; Chandler; Cole, Corbett, Cra gin, Drake, Fenton, , Ferry, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Lewis, McDonald, Morrill of Maine, Morrill of, Vermont, Morton, Nye, Osborn, Pat terson, Pomeroy, Pratt, Ramsey, Revels, Rice, Robert son, Ross, Sawyer; Schurz, Scott, She'man,- Sprague, Stewart, Sumner, Thayer, Tipton, Wavner, Willey, Wil liams, Wilson— 47. Nays — Messrs Bayard, Casserly, Davis, William T. Hamilton, Johnston, McCreery, Norton, Saulsbury, Stock ton, Thurman, Vickers— 11. In House, March 30, 1870. Yje!as — Messrs. Allison, Ambler, Ames, Arnell, Asper, Atwood,. Ayer, Beaman, Beatty, Benjamin, Bennett, Benton, Blair, Boles, Boyd,, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Cake, Cessna, Sidney Clarke, Clinton L.Cobb, Coburn; Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, Dickey, Dixon, Dockery, Donley, Duval, Dyer, Ela; Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Han-is, Hawley, Hay, Heaton, He#in, Hill, Hoar, Hoge, Hooper, Ingersoll, Jenckes. Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Logan, Lqughridge, Lynch; Maynard, McCarthy, MqCrary, McGrew, Mc Kenzie, Mercur, Milnes, Eliakim H. Moore, William Moore, Morphis, D. J. Morrell, Myers, Negley, O'Neill, Orth, Packard; Packer; Paine, Perce, P.eters, Platt, Po land, Pomeroy, Prosser, Jtbbts, Sanford, Sargent, Saw yer; Schenbk, Scofield, Shanks, Lionel A. Sheldon, Por ter Sheldon, John A. Smith, William J. Smith, Worthing ton C. Smith, William Smyth, Stevens, Stevenson, Stokes; Stoughton, Strickland, Taffe, Tillman, Tyner, Upsbfc, Van Horn, Van Wyek; Ward, Cadwalader C. Washburn, William, B. Washburn, Welker, Wheeler, Wilkinson, Williams; John T. Wilson, Winans, Witch er— 130. Nays— Messrs. Adams, Archer; Axtell, Beckj Biggs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinson, Dox, Eldridge, Getz, Gibson, Griswold, Haight, Haldeman, Hambleton, Hamill, Holnuzn, Kerr, Knott, Marshall, Mayham, Mc Cormick, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Redding, Rice', Ridgway, Schu maker, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Trump, Wells, Eugene M. Wilson, Wood— 50. Previous Votes. In House. 1870, March 15— Mr. B. F. Butler, from the Committee on Reconstruction, reported the above bill, with the addition of the following proviso: Provided further, That this act shall not affect in any manner the conditions and guarantees upon which the State of Texas was annexed and admitted as a State. Mr., Wood moved to add to the end of the bill the following: And provided further. That this act shall re admit , the State of Texas to all the rights of other -States within the Union, without qualifica tion or fundamental conditions, except as herein stated. Which was disagreed to — yeas 49, nays 121, as follow : Yeas— Messrs. Adams, Archer, Barnum, Beck, Biggs, Bird, James Brooks, Burr, Calkin, Crebs, Dickinson, Dox, Eldridge, Getz, Griswold, Haight, Haldeman, HamiU, Bol man, Johnson, Kerr, Knott, Mayham, McCormick, McKen zie, McNeely, Morgan, Mungen, Niblack, Pottei; RandaU, Reading, Reeves, Rice, Ridgway. Rogers, Scofield, Slierrod, Slocum, Stiles, Stone, Swann, Trimble, Van Auken, Van Trump, Voorhees, WeUs, Eugene M. Wilson, Wood— iv.' Nays— Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Axtell, Beatty, Benjamin, Blair, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, DECLARATORY RESOLUTIONS. 579 Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Covode, Cullom, Dawes, Duval, Ela, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, Hamilton, Harris, Haw kins, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hooper, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Laflin, Logan, Loughridge, Lynch, Maynard, McCarthy, McCrary, McGrew, McKee, Jesse H. Moore. William Moore, Morphis, Morrell, Mori-ill, Myers, O'Neill, Orth, Pack ard, Packer, Paine, Palmer, Perce, Peters, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck. Schumaker, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Strong, Taffee, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson, Winans— 121. - Mr. Beck moved to amend by substituting as follows : " Whereas the State of Texas has a constitu tion of State government republican in form: Therefore, " Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, that the said State of Texas is entitled to representation in the Con gress of the United States." Which was disagreed to— yeas 52, nays 106 — as follow : Yeas— Messrs. Adams, Archer, Beck^Biggs; Bird, Blair, James Brooks, Burr, Calkin, Dickinson, Dockery, Dox, Etd- ridge,'E&raawortu,Getz,Griswold,Haight,Haldeman, Hamill, Hawkins, Hay, Holman, Johnson, Kerr, Knott, Mayham, McCormick, McKenzie, McNeely, Morgan, Mungen, Niblack, Potter, RandaU, Reading, Reeves, Rice, Ridgway, Rogers, Schumaker, Sherrod, Slocum, Stiles, Stone, Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene M. Wilson, Wood— 52. •> Nays— Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Ayer, Banks-, Beaman, Beatty, Benja min, Boles, Booker,, Boyd, George M. Brooks, Buck, , Buckley, Buffinton, Burdett, Benjamin F. Butler, Rod erick R. Butler, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Covode, Donley, Duval, Ferriss, Ferry, Finkelnburg, Hamilton, Harris, Hawley, Hea ton, Heflin, Hill, Hoar, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Loughridge, Lynch,Maynard(McCarthy,McCrary, McGrew, McKee, William Moore, Morphis, Morrell, Morrill, Myers, Neg ley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots Sanford Sargent, Sawyer, Schenck, Scofield, Shanks &!S?.el A; sj>eldon> Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Ste venson, Stokes, Stoughton, Strickland, Strong, Taffe Tillman. Townsend, Twichell, Tyner, UpsomVan Horn Ward, Cadwalder C. Washburn, William B. Washburn Welker, Wheeler, Wilkinson, Willard, Williams, Win ans— 106. The bill was then passed as reported — yeas 127, nays 46, as follows: Yeas— Messrs. Allison, Ambler, Armstrong, Arnell Asper, Atwood, Bailey, Banks, Beaman, Beatty, Benja min, Blair, Boles, Booker, Bowen, Boyd, George M Brooks. Buck, Buckley, Buffinton, Burchard, Burdett Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Coburn, Cook. Conger, Covode, Cullom, Dawes, Dockery, Donley, Du val, Farnsworth, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Hale, Hamilton, Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch'-' am, Laflin, Logan, Loughridge, Lynch. Maynard, Mc Carthy, McGrew, McKee, McKenzie, William Moore, Morphis, Morrell, Morrill, Myers, Negley, O'Neill, Orjih, Packard, xon, Donley, Dox, Duvall, Dyer, Ela, Eldridge, Farnsworth, Ferris, Finkelnburg, Fisher, Fitch, Garfield, Getz, Gil fillan. Haldeman, Hambleton, Hamill, Hawkins, Hawley, Hay, Heaton, Hill, Hoar, Holman, Hooper, Hotchkiss, Ingersoll, Jenckes, Alexander H. Jones, Julian, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Law- 580 POLITICAL MANUAL. rence, Lynch, Mayham, Maynard, McCarthy, McCor mick, McGrew, Mercur, Jesse H. Moore, William Moore, Myer.% Niblack, O'Neill, Orth, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Potter, Randall, Sanford, Sargent, Sawyer, Schenck, Scofield. Shanks, Slocum, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stiles, Strong, Swann, Taffe, Tanner, Tillman, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Wash burn, William B. Washburn, Welker, B. F Whittemore, Wilkinson, Willard, Williams, EugeneM. Wilson, JohnT. Wilson, Witcher, Woodward — 124. Nays— Mr. Thomas L. Jones— 1. On Purchasing Bonds. 1870, January 31 — Mr. McNeely submitted the following resolution : Resolved, That the national debt should be paid in strict compliance with the contract, whether it is made payable in gold or green backs; that the five-twenty bonds are payable in greenbacks or their equivalent, and we con demn the policy of the administration, which is squandering millions of money by buying such bonds at a high rate of premium, when t]je Gov ernment had the clear right to redeem them at par. Which was laid on the table — yeas 122, nays 42, as follow : Yeas— Messrs. Allison, Ames, Arnell, Asper, Axtell, Bailey, Banks, Beaman, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Bowen, Boyd, Georgo M. Brooks, Buck, Buckley, Buffinton, Burchard, Cake, Cessna, Churchill, Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cowles, Oullom, Dawes, Deweese, Dickey, Dix on, Dockery, Donley, Duval, Farnsworth, Ferriss. Fer ry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Greene, Hale, Hamilton, Hawley, Heaton, Heflin, Hill, Hoar, Hooper, Jenckes, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lawrence, Logan, Lough ridge, Lynch, Maynard, McCrary. McGrew, Mercur, Eliakim H. Moore, William Moore. Daniel J. Morrell, Samuel P. Morrill. Myers, O'Neill, Orth, Packard, Pack er, Paine, Palmer, Peters, Phelps, Platt, Poland, Pom eroy, Roots, Sargent, Sawyer, Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, Slocum, JohnA. Smith, William J. Smith, Worthington C.Smith. William- Smyth, Starkweather, Stevens, Stevensoni Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, Cadwala der C. Washburn, WiHiam B. Washburn, Welker, Wheeler, B. F. Whittemore, Wilkinson, Willard, Wil liams— 122. Nays— Messrs Adams, Beatty, Beck, Biggs, Bird, James Brooks,Burr, Crebs. Dickinson, Dox, Eldridge, Cetz, Gibson, Golladay, Griswold, Holman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McCormick, McNeely, Morgan, Nib laclc, Reading, Rice, Schumaker, Sherrod, Joseph S. Smith, Stiles, Strader, Sweeney, Trimble, Van Aul.en, Van Trump, Voorliees, Wells, Eugene M. Wilson, Winchester, Woodward —42. On Increasing the Currency. 1870, February 14 — Mr.. Loughridge offered the following resolution: Resolved, That in the opinion of the House the business interests of the country require an in crease in the.volume of circulating currency, and the Committee on Banking and Currency are inatructed to report to the House, at as early a day as practicable, a bill increasing the currency to the amount of at least $50,000,000. Mr. Ward moved to lay the resolution on the table, which was disagreed to — yeas 74, nays 92, aa follow : Yejs— Messrs. Ames, Axtell, Banks, Barnum, Bea man, Benton, Bird, George M. Brooks, James Brooks, Buckley, Buffinton, Burchard, Churchill, Cowles, Cox, Davis, Dawes, Dixon, Duval, Ela, Ferriss, Fisher, Fitch, Garfield, Getz, Gilrillan,Hat<;7i«. Hale, Hill, Hoar, Hooper, Hotchkiss, Jenckes, Kelley, Kellogg, Kelsey, Knapp, Laflin, Lynch, McGrew, Mercur, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Peters, Platt, Poland, Potter, Randall, Reading, Sargent, Sawyer, Schu maker, Scofield, Porter Sheldon, Slocum, Worthington C. Smith, Starkweather, Stevens, Stiles, Strong, Tanner, Tillman, Townsend, Twichell, Van Auken, Ward, Cad walader O. Washburn, William B.Washburn, Wheeler, Willard, Woodward — 74. Nays — Messrs. Allison, Armstrong, Asper, Beck, Ben jamin, Biggs, Bingham, Boles, Booker, Boyd, Burdett, Burr, Amasa Cobb, Coburn, Cook, Conger, Crebs, De weese, Dockery, Dox, Dyer, Eldridge, Farnsworth, Fer ry, Finkelnburg, Gibson. Golladay, Greene, Griswold, Hawkins, Hawley, Hay, Heflin, Hoge, Holman, Inger soll, Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Kerr, Knott, Lash, Lawrence, Logan, Lough- bridge, Marshall, Mayham, Maynard, McCormick, Mc Crary, McKenzie, McNeely, Eliakim H. Moore, Morgan, Mungen, Niblack, Orth, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Reeves, Rice, Ridgway, Rogers, Schenck, Shanks, Lionel A.Sheldon, Josephs. Smith, William Smyth, Stevenson, Stokes, Stone, Stoughton, Strader, Swann, Taffe, Trimble, Tyner, Van Horn, Voor hees, Welker, Welts, Wilkinson, Eugene M. Wilson, John T. Wilson, Witcher, Wood— 02. February 21 — The resolution was agreed to — ¦ yeas 110, nays 73, as follow: Yeas — Messrs. Adams, Allison, Armstrong, Asper, Ayer, Beatty. Beck, Benjamin, Bennett, Bingham, Boles, Booker, Boyd, Buck, Buckley, Burdett, Burr, Benjamin F. Butler, Roderick R. Butler, Cake, Clarke, Amasa Cobb, roburn, Cook. Conger, Orebs, Cullom, Deweese, Dickey, Dickinson, Dockery, Dox, Dyer, Eldridge, Farns worth, Ferry, Finkelnburg, Gibson, Golladay, Hamill, Hamilton, Hawkins, Hawley, Hay, Heaton, Heflin,. Hoge, Holman, Ingersoll, Johnson, Alexander H. Jones, - Thomas L. Jones, Judd, Julian, Kei-r, Knott, Lash, Law rence, Logan, Loughridge, Marshall, Maynard, McCar thy, McCormick, McCrary, McNeely, Eliakim H. Moore, Jesse H. Moore, Morgan, Mungen, Niblack, Orth, Pack ard, Packer, Paine, Palmer, Pomeroy, Prosser, Rice, Rogers, Roots, Schenck, Shanks, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strader, Strick land, Swann, Taffe, Trimble, Tyner, Van Horn, Van Trump, Van Wyek, Voorhees, Welker, Wells, B. F. Whitte more, Wilkinson, Williams, Eugene M. Wilson, John T. Wilson, Witcher, Wood— -110. Nays— Messrs. Ambler, Ames, Arnell, Axtell, Banks, Barnum, Beaman, flpnton, Bird, Blair, Geo. M. Brooks, James Brooks, Buffinton, Burchard, Calkin, Cessna, Churchill, Cowles, Cox, Davis, Dawes, Duval, Ferriss* Fisher, Fitch, Garfield, Getz, Gilfillan, Haight, Haldeman, Hale, Hoar, Hooper, Hotchkiss, Jenckes, Kelley, Kel logg, Ketcham, Knapp, Laflin, Mayham, McGrew, Wil liam Moore, Samuel P. Morrill, Myers, O'Neill, Peters, Phelps, Platt, Poland, Randall, Reading, Reeves, Sargent, Sawyer, Scofield, Slocum, Worthington C. Smith, Stark weather, Stevens, Strong, Tanner, Tillman, Townsend, Twichell, Upson, Ward, Cadwalader C. Washburn, Wil liam B. Washburn, Wheeler, Willard, Winans, Wood ward — 73. In Senate. 1870, February 24— Mr. Williams submitted the following resolution ; which was considered, by unanimous consent, and agreed to : Resolved, That to add to the present irredeem able paper currency of the country would be to render more difficult and remote the resumption of specie payments, to encourage and foster the spirit of speculation, to .aggravate the evils pro duced by frequent and sudden fluctuations of values, to depreciate the credit of the nation, and to check the healthful tendency of legitimate business to settle down upon a safe and perma nent basis, and, therefore, in the opinion of the Senate, the existing volume of such currency ought not to be increased. In House. 1870, March 21— Mr. Williams introduced the following resolution: Resolved, That while it is the duty of Con gress to provide for. the funding of the national debt at a lower rate of interest, and to extend the time for its payment to a period at which it will be the least oppressive to the people, it is DECLARATORY RESOLUTIONS. 581 also the sense of this House that the interest- bearing debt of the United States should not be increased by causing a surrender of any part of our present circulating medium not bearing in terest, and the substitution therefor of interest- bearing bonds. Which was agreed to. On the Tariff. 1870, January 31 — Mr. Marshall offered the following resolution : Resolved, That the power granted in the fede ral Constitution to levy and collect taxes, duties, imposts, and excises, to pay the debts and pro vide for the common defense and general welfare of the United States, does not include or embrace any power to levy duties for any purpose other than the collection of revenue for the uses therein indicated; that a tariff levied for any purpose other than revenue, and especially one levied to foster and enrich one section of our country at the expense of others, or to foster and enrich one class of citizens at the expense of others, is un authorized by the Constitution, unjust to the great body of the American people, and in its results injurious eventually to nearly every in dustrial interest of the country. Resolved, That in the preparation of a bill for the modification of existing tariff laws Congress should confine its action strictly to the prepara tion of a tariff for revenue exclusively ; and that the duties on no article should be greater than that which will give the maximum of revenue on said article. February 7 — On motion of Mr. Kelsey, it was laid on the table — yeas 90, nays 77, as fol low: Yeas — Messrs. Ambler, Ames, Asper, Banks, Beaman, Bennett, Benton, Bingham, Blair, Boles, Bowen, Buck, fuekley, Buffinton, Burdett, Cessna, Churchill, Clarke, masa Cobb, Conger, Cowles, Dawes, Dickey, Donley, Duval, Ela, Ferriss, Ferry, Fisher, Gilfillan, Hide, Hamilton, Heaton, Heflin, Hoar, Hoge, Hotchkiss, Jenckes, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Lynch, Maynard, McGrew, Mercur, Milnes, Elia kim II. Moore, William Moore, Daniel J. Morrell, Sam uel P. Morrill, Myers, Negley, O'Neill, Paine, Palmer, Phelps, Poland, Prosser, Roots, Sanford, Schenck, Scofield, Lionel A. Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, Tillman, Twichell, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B..F. Whittemore, Willard, Williams, John T. Wilson, Witcher— 90. Nays— Messrs. Adams, Allison, Archer, Arnell, Axtell. Beatty, Beck, Benjamin, Biggs, Bird, Booker, James Brooks, Burchard, Burr, Roderick R. Butler, Calkin, Coburn, Cox, Crebs, Cullom, Deweese, Dickinson, Dock ery, Dox, Finkelnburg, Getz, Gibson, Golladay, Griswold, Haight, Haldeman, Hambleton. Hamill, Hawkins, Hay, Ingersoll, Johnson, Thomas L. .Ames, Judd, Julian, Kerr, Knott, Lawrence, Marshall, Maijham, McCormick, Mc Crary, McKenzie, McNeely, Niblack, Orth. Packard, Pom eroy, Reading, Reeves, Rogers, Schumaker, Shanks, Sher rod, Slocum, William Smyth. Stevenson, Stiles, Stone, Strader, Swann, Sweeney, Trimble, Tyner, Van Auken, Van Trump, Weils, Eugene M. Wilson, Winans, Winchester, Wood, Woodward— 77.' 1870, March 14— Mr. Marshall submitted the following resolution : Resolved, That the present depressed' condition ofthe business and the various industrial inter ests of the country demand of Congress prompt action in relieving the people of all burdens of taxation not absolutely necessary to provide for the wants of the Government economically ad ministered, and that in reforming existing tariff laws legislation should be based upon these prin ciples : 1. That no duty should be imposed on anv article above the lowest rate which will yield the largest amount of revenue. 2. That the maximum revenue duty should be imposed on luxuries ; and 3. That the duty should be so imposed as to operate as equally as possible throughout the Union, discriminating neither for nor againat any class or section. Mr. Holman moved that it lie on the table ; which was disagreed to — yeas 38, nays 119, as follow : Yeas— Messrs. Ambler, Armstrong, Ayer, Banks, Ben nett, Blair, George M, Brooks, Buck, Buckley, Benja min F. Butler, Cessna, Dawes, Ela, Fisher, Gilfillan, Hamilton, Harris, Hoar, Hoge, Jenckes, Kelsey, May nard, McKee, Daniel J. Morrell, Negley, O'Neill, Pack er, Perce, Roots. Sargent, Scofield, Lionel A.Sheldon, Porter Sheldon, Stoughton, Strickland, Tillman, Ward, Willard— 38. Nays— Messrs. Adams, Allison, Archer, Asper, Atwood, Barnum, Beatty, Benjamin, Bird, Boles, Boyd, James Brooks, Buffinton, Burchard, Burdett, Burr, Calkin, Churchill, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Crebs, Cullom, Diekey, Dickinson, Dockery, Donley, Dox, Eldridge, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Getz, Griswold, Haight, Haldeman, Hale, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Holman, In gersoll, Johnson, Alexander H. Jones, Judd, Kelley, lierr, Keteham,Knott, Laflin, Lash, Logan, Loughridge, Marshall, Mayham, McCarthy, McCormick, McCrary, McKenzie. McNeely, Jesse H. Moore, William Moore, Morgan, Morphis, Samuel P. Morrill, Mungen, Myers, Niblack, Orth, Packard, Paine, Peters, Pomeroy, Potter, RandaU, Reeves, Rice, Ridgway, Rogers, Sawyer, Schenck, Schumaker, Shanks, Shh-rod, Slocum, John A. Smith, Worthington C. Smith, Starkweather, Stevens, Steven son, Stiles, Stokes, Stone. Strader, Strong, Taffe, Tanner, Trimble, Tyner, Upson, Tan Trump, Voorhees, Cadwala der C. Washburn, William B. Washburn. Welker, Wells, Wheeler, Wilkinson, Williams, Eugene M. Wilson, John T. Wilson, Wood— 119. The resolution was then referred to the Com mittee of Ways and Means. 1870, February 28 — Mr. Spink introduced the following resolution: Resolved, That the interests of the country re quire such tariff for revenue upon foreign imports as will afford incidental protection to domestic manufacturers, and as will, without impairing the revenue, impose the lowest burden upon and best promote and encourage the great industrial in terests of the country. Mr. Wood moved that it lie on the table, which was disagreed to. It was then passed — yeas 108, nays 47, as follow : Yeas — Messrs. Ambler, Ames, Atwood, Axtell. Bea man, Bingham, Blair, James Brooks, Buck, Buffinton, Burdett, BenjaminF.Buller,Roderick R.Butler, Cake, Cessna, Churchill, Clinton L.Cobb, Cook, Conger, Co vode, Cullom, Davis, Donley, Dyer, Ferriss, Fisher, (jiarfield, Getz, Hamill, Harris, Hawley, Heaton, Hill, Hoar, Hoge, Hooper, Hotchkiss, Ingersoll, Jenekes, Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Loughr-'dge, Maynard, i.IcCrary, McGrew, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore. William Moore, Morphis, Morrell. Morrill, Myers, Negley, O'Neill, Packard, Paine, Palmer, l'er«*,Peters, Phelps, Platt, Pomeroy, Prosser, Randall, Sargent, Sawyer, Schenck, Scofield, Shanks, Lionel A. Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Starkweather, Stevens, Stevenson, Stiles, Stokes, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Tillman, Twichell, Upson, Van Horn, Cadwalader C. Wa9hburn, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson, Witcher, Woodward— 108. Nays— Messrs. Allison, Archer, Biggs, Bird, Booker, Boyd George M. Brooks, Burchard, Burr, Calkin, Cox, Crebs, Dickins'm, Dox, Finkelnburg, Gibson, Griswold, Haighl, Hambleton, Hawkins, Hay, Hays, Heflin, Holman, 582 POLITICAL MANUAL. Tliomas L. Jones, Judd, Kerr, Marshall, Mayham, McCor mick, McNeely, Mungen, Niblack Orth, Potter, Reeves, Ridgway, Rogers, Schumaker, Sherrod, Joseph S. Smith, Stone, Trimble, Tyner, Voorhees, Winans, Wood — 47. 1870, June 6— Mr. Ward submitted the fol lowing resolution : Resolved, That the Committee of Ways and Means is hereby instructed, at the earliest prac ticable moment, to report a bill to this House abolishing the tariff on coal, so as to secure that important article of fuel to the people free from all taxation. Which was agreed to — yeas 112, nays 78, as follow : Yeas — Messrs. Adams, Allison, Ames, Atwood, Bailey, Banks, Beatty, Beck, Bennett, Biggs, Bird, Boyd, Geo. M. Brooks, James Brooks, Buffinton, Burchard, Burr, Benjamin F. Butler, Churchill, Sidney Clarke, Coburn, Cook, Conger, Conner, Cowles, Cox, Crebs, Cullom, Davis, Dawes, Degener, Dixon, Dox, Dyer, Ela, Eldridge, Farns worth, Ferriss, Finkelnburg, Fisher, Fitch, Fox, Gris wold, Haight, Hale, Hamilton, Harris, Hawley, Hay, Hays, Heflin, Hoar, Holman, Hotchkiss, Ingersoll, Jenckes, Johnson, Alexander H. Jones, Judd, Kellogg, Kerr, Ketcham, Knott, Laflin, Lasfti, Lawrence, Logan, Loughridge, Lynch, Marshall, Mayham, McCormick, Mc Crary, McNeely, Jesse H.Moore, Morgan, Morrissey, Nib lack, Orth, Packard, Paine, Peck, Peters, Pomeroy, Pot ter, Reeves, Sargent, Sherrod, Slocum, Joseph S, Smith, William J. Smith, Worthington C. Smith, Wm. Smyth, Starkweather, Stevenson, Stoughton, Strong, Sweeney, Tanner, Twichell, Tyner, Van Trump, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson, Wil liams, Eugene M. Wilson, Winans, Winchester, Wood— 112. Nays — Messrs. Ambler, Armstrong, Axtell, Ayer, Bar ry, Beaman, Benjamin, Benton, Bingham, Blair, Boles, Bowen, Buck, Cake, Cessna, Amasa Cobb, Covode, Dickey, Donley, Duval, Garfield, Getz, Gilfillan, Halde- man, Hamill, Hawkins. Hill, Kelley, Knapp, Lewis, May nard, McCarthy, McGrew, McKenzie, Mercur, Milnes, Eliakim H.Moore, William M^or", Morphis, Dan iel J. Morrell, Myers Negley, Newsham. O'Neill, Packer, Phelps, Platt, Prosser, Randall, Rice, Ridgway, Roots, Sanford, Sawyer, Schenck, Scofield, Lionel A! Sheldon, Porter Sheldon, John A. Smith, Stokes, Stone, Strader, Strickland, Swann, Tayl or, Tillman, Townsend, Trimble, Upson, Van Wyek, Wallace, Welker, Wells, Willard, John T. Wilson, Witcher, Woodward— 78. June 27 — Mr. Reeves offered the following resolution : Whereas salt is an article of prime necessity and universal consumption, which, proportion ally to numbers, forms a larger item in the domestic economy of families of Bmall or mod erate means than it does in those of the wealthier classes, and ought therefore at all times to be as lightly taxed as ie consistent with a due regard to the revenue needed for an economical admin istration of the Government; and whereas in any genuine aud well-considered scheme of rev enue reform duties which tend directly and largely to augment the cost of such a commodity as salt should be reduced in preference to others which bear less heavily upon the resources of the great body of the people : Therefore, Be it resolved, That the Committee of Ways and Means are hereby directed and instructed to report to this House forthwith a bill reducing the present duties on all classes of salt fifty per cent. Which was agreed to — yeas 110, nays 49, as follow : Yeas— Messrs. Allison, Asper, Beatty, Beck, Benjamin, Biggs, Bird, Boles, Booker, James Brooks, Buck, Buckley, Burehard, Burdett, Burr, Roderick R. Butler, William T. Clark, Sidney Clarke, Cleveland, Clinton L. Cobb, Co- burn, Conner, Cook, Cox, Crebs, Cullom, Davis, Degener, Dickinson, Dyer, Ela, Eldridge, Farnsworth, Finkeln burg, Fitch, Garfield, Haldeman, Hawkins, Hawley, Hay, Hays, Heflin, Holman, Ingersoll, Johnson, Tlwmas L. Jones, Judd, Kellogg, Kerr, Knott, Lash, Lawrence, Lewis, j Logan, Loughridge, Marshall, McCormick, McCrary, McKenzie, McNeely. Milnes, Jesse H. Moore, Morgan, ¦ Mungen, Newsham, Niblack, Orth, Packard, Paine, Peek, I Perce, Platt, Pomeroy, Prosser, Reeves, Rice, Rogers, | Sargent, Shanks, Shober, John A. Smith, Joseph S. Smith, | William' J. Smith, Worthington C. Smith, William j Smyth, Stevens, Stevenson, Stiles, Stokes, Stoughton, Strong, Swann, Sweeney; Taffe, Trimble. Twichell, Tyner, Van Auken, Van" Horn, Van Trump, Ward, Wdls. Whit more, Wilkinson, Williams, Eugene M. Wilson, Winans, Winchester, Wood, Woodward— 110. Nays — Messrs. Ambler. Ames, Armstrong, Atwood, Beaman, Bennett, Benton, Bingham, Blair, George M. Brooks, Buffinton, Benjamin F. Butler, Cessna. Amasa Cobb, Conger, Covode, Dixon, Donley. Ferriss, Ferry, Fisher, Hoar, Kelley, Kelsey, Knapp, Laflin. Maynard, McCarthy, McGrew, Eliakim H. Moore, William Moore, Daniel J. Morrell, Myers, Negley, O'Neill, Packer, Phelps, Poland, Sawyer, Schenck, Porter Sheldon, Strickland, Tanner, Taylor, Tillman, Townsend% Wheeler, Willard, John T. Wilson— 49. On General Amnesty. 1870, May 16— Mr. Cox introduced the fol lowing resolution .- Resolved, That the Select Committee on Recon struction be, and are hereby, instructed to report forthwith a bill for general amnesty. Mr. Randall moved that it lie on the table, which was disagreed to — yeas 84, nays 87, as follow : Yeas— Messrs. Ambler, Ames, Asper, Atwood, Banks, Beaman, Benjamin, Benton, Boyd, George M. Brooks, Buffinton, Burdett, Benjaniin F. Butler, Cessna, Amasa Cdbb, Coburn, Cook, Conger, Cowles, Dawes, Dixon, Donley, Duval, Dyer, Ferriss, Gil Allan, Hamilton, Haw ley, Hoar, Hotchkiss, Judd, Julian, Kelley, Kelsey, Lash, Lawrence, Maynard, McCarthy, McGrew, Mer cur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Pack ard, Packer, Paine, Peck, Peters, Pomeroy, Prosser. Roots, Sanford, Sargent, Sawyer, Shanks, Porter Shel don, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Cadwalader C. Washburn, Wheeler, Wilkinson. Willard. Williams, John T. Wil son — 84. Nays— Messrs. Allison, Arnell, Axtell, Ayer, Barry, Beatty, Beck, Bennett, Biggs, Bingham, Blair; Booker, Bowen, James Brooks, Buckley, Burchard, Burr. Cake, Churchill, Clarke, Conner, Cox, Crebs, Degener, Dickin son, Dox, Eldridge, Farnsworth, Ferry, Finkelnburg, Fitch, Garfield, Getz, Gibson, Haight, Haldeman, Hale. Harris, Hawkins, Heflin, Hill, Hotman, Ingersoll, John son, Kellogg, Ketcham, Laflin Lewis, Logan, Mayham, McKee, McKenzie, McNeely, Milnes, Morgan, Morphis, Mungen, Niblack, Perce, Platt, Poland, Potter, RandaU, Rice, Rogers, Schumaker, Scofield, Lionel A. Sheldon, Sherrod, Shober, Slocum, Joseph S..Smith, Worthington C. Smith, Stiles, Strong, Swann, Sweeney, Trimble. Van Trump, Voorhees, Welker, Whitmore, Eugene M. Wilson, Winans, Winchester, Wood, Woodward— 87. Mr. Cessna moved that tbe resolution be refer- ferred to the Committee on Reconstruction, which was agreed to— yeas 116, nays 55, as follow: Yeas— Messrs. Allison, Ambler, Ames, Arnell, Atwood, Banks, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Bowen, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Cake, Cessna, Sidney Clarke, Amasa Cobb. Co- burn, Cook, Conger, Cowles, Dawes, Degener, Dickey, Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fitch, Garfield, Gilfillan, Hale, Hawkins, Hawley, Heflin, Hill, Hoar, Hooper, Hotch kiss, Ingersoll, Judd. Kelley, Kellogg, Kelsey, Ketch am, Laflin, Lash, Logan, Maynard, McCarthy, McCrary, McGrew, McKee, Mercur, Eliakim H. Moore, Jcse 11. Moore, William Moore, Morrell, Myers, Neglev, O'Neill, Orth, Packard, Packer. Paine, Peck. Peters, Platt, Po land. Pome-roy, Prosser, Roots, Sanford, Sargent, Saw yer, Schenck, Scofield, Shanks, Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth. Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Tan ner, Taylor. Tillman, Townsend, Twichell, Tyner, Up- i son, Cadwalader C. Washburn, Welker, Wheeler, Wil- | lard, Williams, John T. Wilson— 110. DECLARATORY RESOLUTIONS. 583 Nays — Messrs. Adams, Archer, Axfell, Ayer, Barnum, Barry, Beck, Biggs, Booker, James Brooks, Burr, Conner, Cox, Crebs, Dickinson, Dox, Eldridge, Getz, Haight, Halde man, Hamill, Harris, Hohnan, Johnson, Knott, Lawrence, Lewis, Mayham, McKenzie, McNeely, Milnes, Morphis, Mun gen, Niblack, Perce, Potter, Randall^ Rice, Rogers, Schu- maker, Sherrod, Shober, Joseph S. Smith, Stiles, Swann, Swee ney, Tnffp, Trimble, Van Trump, Voorhees, Wilkinson, Winans, Winchester, Wood, Woodward— 55. 1870, June 13 — Mr. Stokes moved to suspend the rules, and put upon its passage a bill to re lieve every citizen of all political disabilities im posed by the provisions ofthe XI Vth Amendment tor participation in the late rebellion. It provides, two-thirds of each House concur ring, that allpolitical disabilities imposed by the provisions of the XI Vth Amendment to tbe Con- stitutien of the United States upon citizens for participation in the late rebellion shall be, and the same are hereby, removed; Provided, That no person relieved by the provisions of this act shall be required to take or subscribe to what is known jis the iron-clad or test path. Tho motion of Mr. Stokes was disagreed fo veas 59, nays 112, as follow: Yias — Messrs. Adams, Barri/, Beck, Booker, James Broolcs, Buckley, Burr, Calkin, Conner, Cox, Crebs, Dock ery, Dox, Eldridge, Fitch. Fox, Gibson, Griswold, Hamill, Harris, Hawkins, Johnson, Kerr, Knott, Lewis, Marshall, Mayham, McCwmick, McKee, McKenzie, McNeely, Milnes, Morgan, Mungen. Niblack, Perce, Platt, Randall, Reeves, 'Rice, Ridgway, Rogers, Sargent, Sherrod, Shober, Joseph S. Smith, Stokes. Mi ader, Swann, Sweeney, Tillman, Trim ble, Van Auken, Van Trump, Wells, Eugene M. Wilson, Winclmter. Wood, Woodward — 59. Nay.s — Messrs. Allison, Ambler, Ames, Armstrong, Ar nell. Asper, Atwood, Bailey, Banks, Bea,man, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks. Buffinton, Burchard, Burdett, Benjamin F. butler, "Roderick R. Butler, Cessna, Churchill. William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn. Cook, Conger, Cullom, Davis, Dawes, Degener, Dickey, Dixon. Donley, Duval, Ela, Farns worth, Ferriss. Kerry, Finkelnburg, Fisher, Garfield, liilnllan. Hale, nawlcy. Hill, Hoar, Hooper, Hotchkiss, Ingersoll, Judd, Julian. Kelley, Kellogg, Kelsey,Ketch- nm, Knapp, Laflin, Lash, Lawrence, Logan, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H- Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Newsham, O'Neill, Orth, Packard, Paine, Palmer. Peck, Phelps, Pomeroy, Porter, Roots, Sanford, Sawyer, John A'Smith, William Smyth, Stark weather, Stevenson, Stoughton, Strickland, Taffe, Tan ner,. Twichell, Tyner, Upson, Van Horn, Van Wyek, Ward, .Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson, Willard, John T. Wil son, Winans, Witcher— 112. On the Validity of the XlVthand XVth Amend ments. 1870, July 11— Mr. Ferriss offered the follow- 'neresolution : ' Resolved, That the XlVth and XVth articles d amendment to the Constitution of the United States, haying been duly ratified by the Legisla tures of three-fourths of the several States, are valid to all intents and purposes as part of the Constitution of the United States, and, as such, binding and obligatory upon the Executive, the Congress, the judiciary, the several States and Territories, and all citizens of the United States. Which waa agreed to— yeas 138, nays 32, as follow : Yeas— Slessrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Axtell, Ayer, Bailey, BSihks, Barry, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, George M. Brooks', Buckley, Buf finton, Burchard, Burdett, Benjamin F. Butler, Roder ick R. Butler, Churchill, William T. Clark, Sidney Clarke. Amasa Cobb, Coburn, Cook, Conger, Covode, Cowles, Cullom. Darrall, Davis, Dawes, Degener, Dick ey, Dixon, Donley, Duval, Ela, Farnsworth, Ferriss, Fmkelnbnrg, Eisner, Fitch, Gilfillan, Harris, Hawley, Hay, Heflin, Hill, Hoar, Hooper, Ingersoll, Jenckes, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Loughridge, Maynard, McCar thy, McCrary, McGrew, McKee, McKenzie. Mercur. Milnes, Jesse H.Moore, William Moore.Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Pack er, Paine, Palmer, Peck, Peters, Phelps, Platt, Poland. Porter, Roots', Sanford, Sargent, Sawyer, Sohepck, Sco field, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, WiUiam Srn,vth,Starkweather,Stevens,Stokes.Stough- ton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, ryner, Upson, Van' Horn, Van Wyek, Ward, Cadwalader 0. Washburn, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Willard, Williams, John T. Wilson, Witcher— 138. Nays— Messrs. Adams, Barnum, Beck, Biggs. Bird, Burr, Dickinspn, Fox, Getz, Griswold, Hawkins,, Holman, Johnson, Thomas L. Jones, Knott, Lewis, Mayham. McNee ly, Mungen, Niblack, Potter, Reeves. Rice, Joseph S. Smiih, Stiles, Swann, Sweeney, Trimble, Van Trump, Vuorhees, Winchester, Woodward— 32. Not voting — Messrs. Archer, Bearpan. Bowen, Boyd, James Brooks, Buck, Cake, Calkin, Cessna, Cleveland, Clinton L. Cobb, Conner, Cox, Oe&s,Dockery, Dox, Dyer, Eldridge, Ferry, Garfield, Gibson, Haight, Haldeman, Hale, Hambleton, Hamill, Hamilton, Hays, Hoge. Hotch kiss, Alexander H. Jones, Julian, Kerr, Lynch, Mar- Shall, McCormick, Eliakim H. Moore, Morgan, Samuel P. Morrill, Morrissey, Newsham, Perce, Pomeroy, Preis er, Randall, Ridgway, Rogers, Schumaker, Sherrod, Slio ber, Slocum, Stevenson, Stone, Strader, Van Auken, Wal lace, Welts, Eugene M. Wilson, Winans, Wood— CO. On Apportionment of Representatives. 1870, April 18 — Mr. A. H. Jones introduced the following bill : To provide for the apportionment of representa tives to Congress among the several States. Be it enacted] &c. That from and after the 3d day of March, 1871, the House of Representa tives shall be composed of two hundred and seventy-five members, to be apportioned among the several States in accordance with the pro visions of this act : Provided, That if, after such apportionment shall have been made, any new State shall be admitted into the Union, tho rep resentative or representatives of such new State shall be additional to the number of two hun dred and seventy-five herein limited ; and if the number of representatives of any State shall be re'duced by such apportionment, such reduction shall not take effect in the Forty-Second Con gress, but such State shall have the same number of representative? in the Forty-Second Congress to which it is by law entitled in the Forty-First Congress, and any representative or representa tives which any State may have in the Forty- Second Congress, in excess of the number fixed by such apportionment, shall be additional to the number of two hundred and seventy-five herein limited ; and if the representation of any State shall be increased by such apportionment, any additional representative or representatives of such State in the Forty-Second Congress shall be chosen by~ the State at Jarge, and all other representatives for the Forty-Second Congress shall be chosen in the respective congressional districts now provided by law in the several States. Seo. 2 That after tho next enumeration of the inhabitants of the United States shall have been completed according to law, and before the 15th day of August, 1870, the Superintendent of the Census shall prepare and submit to the Sec retary of the Interior a preliminary report of the results of such enumeration, embracing such 584 POLITICAL MANUAL. statistics as shall be necessary to enable the Sec retary of the Interior to perform the duties in this act prescribed. Sec. 3. That after the preliminary report pro vided for in the foregoing section shall have been submitted to the Secretary of the Interior, he shall ascertain from such preliminary report the basis of representation of each State and the aggregate basis of representation of the United States, and he shall ascertain the basis of repre sentation of the several congressional districts by dividing the aggregate basis of representa tion of the United States by the number two hundred and seventy-five, rejecting any fraction of a unit which may. remain; and he shall ascer tain the number of representatives to be appor tioned to each State by dividing the basis of representation of such State by the basis of representation of the several congressional dis tricts, rejecting any fraction of a unit which may remain ; and he shall apportion so many addi tional representatives to the States having the largest rejected fractions, one to each, as shall make the whole number of representatives two hundred and seventy-five. Seo. 4. That the Secretary of the Interior shall, on or before the 10th day of September, 1870, prepare and transmit, under the seal of his office, to the Speaker of the House of Repre sentatives, and to the Governor of each of the States, a certified statement of his proceedings under the provisions of this act. Sec. 5. That all acts and parts of acts in con flict with the provisions of this act are hereby repealed. Mr. Kelsey moved that the bill be laid upon the table, which was disagreed to — yeas 77, nays 90. The bill was then passed — yeas 86, nays 85, as follow : Yeas — Messrs. Allison, Arnell, Asper, Atwood, AxteU, Ayer, Barry, Beatty, Beck, Benjamin, Bingham, Boles, Booker, Boyd, Buck, Buckley, Burchard, Burdett, Ben jamin F. Butler, Roderick R. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Conner, Cullom, Degener, Dockery, Dox, Farnsworth, Ferry, Finkelnburg, Fitch, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Hoge, Ingersoll, Johnson, Alexander H. Jones, Judd, Logan, Loughridge, Marshall, Maynard, McCrary, Mc Kee, McKenzie, Jesse H. Moore, Orth, Paine, Palmer, Terce, Platt, Pomeroy, Porter, Prosser, Roots, Sargent, Sawyer, Shanks, Lionel A. Sheldon, Sherrod, William Smyih, Stoke?, Stoeeney. Taffe, Tyner, Upson, Van Hprn, Cadwalader C. Washburn, Welker, Whitmore, Wil liams, Eugene M. Wilson, Winans, Winchester, Witcher — Sti. Nays — Messrs. Archer, Banks, Barnum, Beaman, Ben ton, Bird, George M. Brooks, James Brooks, Buffinton, Burr, Cake, Calkin. Cessna, Cowles, Dawes, Dickey, Dickinson, Dixon, Ela, Eldridge, Ferriss, Fisher, Gar field. Gibson, GriSwold, Haldeman, Hale, Hambleton, Hamill, Hoar, Holman, Hooper, Hotchkiss, Jenckes, Thomas L Jones, Kelley, Kellogg, Kelsey, Kerr, Knapp, Lawrence, Lynch, McCormick, McGrew, McNeely, Mer cur, William Moore, Morgan, Daniel J. Morrell, Mun gen, Myers, Negley, Niblack, O'Neill, Packer, Peters, Phelps, Poland, Potter, RandaU, Reeves, Schenck, Schu maker, Scofield, John A. Smith, Joseph S. Smith, Worth ington C. Smith, Starkweather, Stevens, Stevenson, Strader, Strong, Tanner, Taylor, Trimble. Twichell, Fore Trump, Voorhees, Ward, William B. Washburn, Wells, Wheeler, Willard, Wood, Woodward— 8b. In Senate. 1870, May 25— Mr. Trumbull, from the Com mittee on the Judiciary, reported the bill with amendments, as follows: Strike out the words " two hundred and seventy-five " wherever they occur, and insert the words "three hundred. Strike out all from the word "limited" in the 11th line to the word "limited" in the 23d line, and all of the first section after the words "at large" in the 27th line. June 13. — The first amendment of the com mittee, striking out two hundred and seventy- five, and inserting three hundred, was agreed to, yeas 31, nays 21, as follow : Yeas— Messrs. Abbott, Bayard, Boreman, Carpenter, Casserly, Chandler, Corbett, Fowler, Gilbert, Harlan, Howard, Howe, Howell. Johnston, Kellogg, McCreery, McDonald, Pomeroy, Ramsey, Riee, Ross, Schurz, Sprague, Stewart, Stockton, Thayer, Thurman, Tipton, Trumbull, Warner, Yates— 31. Nays— Messrs. Ames, Brownlow, Buckingham, Cole, Davis. Drake, Fenton, Hamilton of Maryland, Hamil ton of Texas, Hamlin, Morrill of Maine, Morrill of Vermont, Morton, Pratt, Robertson, Saulsbury, Scott, Sherman, Sumner, Vickers, Williams — 21. The next amendmentof tbe committee, to strike out the following words — "And if the number of representatives of any State shall be reduced by such apportionment, such reduction shall not take effect in the Forty- Second Congress, but such State shall have the same number of representatives in the Forty- Second Congress to which it is by law entitled in the Forty-First Congress, and any representa tive or representatives which any State may have in the Forty-Second Congress in excess of the number fixed by such apportionment shall be additional to the number of two hundred and seventy-five herein limited" — was agreed to. The next amendment of the committee, to strike out the following words — "And all other representatives for the Forty- Second Congress shall be chosen in the respective congressional districts now provided by law in the several States" — was agreed to. Mr. Trumbull moved to amend, by inserting in the last clause of the first section the words " or diminished" after the word "increased;" the words " bo increased and all the representative* of any State so diminished" after the words "o- such State;" aira the words "unless otherwib* provided by such State," at the end of the se~ tion, so that it would read: "And if the representation of any State sha.' be increased or diminished by such apportion ment, any additional representative of rep»- sentatives of such State so increased and all to representatives of any State so diminished : the Forty-Second Congress- shall be chosen b the State at large, unless otherwise provided bj such State." Mr. Drake moved to add thereto the following words: "but thereafter shall be elected by single districts;" which was disagreed to — yeas 24, nays 28, aa follow : Yeas— Messrs. Ames, Boreman, Buckingham, Cas serly, Corbett, Davis, Drake, Edmunds, Fenton, Ham Uton of Maryland, Howell, Johnston, McCreery, Morrill of Vermont, Morton, Pool, Pratt, Schurz, Scott, Spen cer, Stockton, Thurman, Vickers, Warner — 24. Nays — Messrs. Abbott, Bayard, Carpenter, Chandler, Cole, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Osborn, Pomeroy, Ramsey, Rice, Robtrtson, Ross, Sherman, Sprague, Stewart, Sumner, Tipton. Trumbull, Yates— 28. The amendment of Mr. Trumbull was then agreed to. Mr, Edmunds moved to strike out "1571" in DECLARATORY RESOLUTIONS. 585 the firstline of the bill, and insert " 1873 ;" which was disagreed to — yeas 9, nays 31, as follow: Yeas— Messrs. Bayard,Co\e, Hamlin, Morrill of Maine, Morrill of Vermont, Pratt, Seott, Sprague, Sumner— 9. Hays — Messrs. Abbott, Ames, Boreman. Casserly, Chandler, Davis, Fowler, Gilbert, Hamilton of Mary land, Harlan, Howard, Howe, Howell, Lewis, McCreery, McDonald. Morton. Nye, Osborn, Pomeroy, Ramsey, Robertson, Ross. Sherman, Spencer, Stewart, Stockton, Thayer, Trumbull, Vickers, Warner— -31. The bill, some verbal amendments having been made, was then passed — yeas 30, nays 10, as fol low: Yeas— Messrs. Abbott, Ames, Bayard, Boreman, Cas serly, Chandler, Davis, Fowler, Gilbert, Harlan, Howard, Howe, Howell, Lewis, McCreery, McDonald, Morton, Bye, Osborn, Pomeroy, Pratt, Ramsey, Robertson, Ross, Spencer, Sprague, Stewart, Stockton, Trumbull, Warner— 30. Kays— Messrs. Cole, Drake, Hamilton of Maryland, Hamlin, Morrill of Maine, Morrill of Vermont, Scott, Sherman, Sumner, Vickers — 10. In House. June 22 — Mr. Judd moved that the amend ments of the Senate be concurred in. Mr. Mar shall moved to add the following as an additional section : Sec. 6. That in all caBes at any election where thtre shall be two or more members of Congress elected in any State by general ticket, each quali- iied voter may, at such election, cast as many votes for one candidate as there are representa tives to be thus elected, or may distribute the same, or equal parts thereof, among the candi dates, as he shall see fit; and the candidates highest in votes shall be declared elected. Mr. Scofield moved tbat the bill and amend ments be laid on the table, which was disagreed to— yeas 78, nays 95, as follow: Yeas — Messrs. Ames, Archer, Armstrong, Bailey, Banks, Blair, George M. Brooks, James Brooks, Buffin ton, Benjamin F. Butler. Cessna, Churchill, Covode, Cox. Crebs. Davis, Dawes, Dickey, Dixon, Donley, Ela, Eklridge, Ferriss, Fisher, Fox, Getz, Gilfillan, Haldeman, Hale. Hambleton, HamiU, Hoar, Jenckes, Thomas L.Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Marshall, Mayham, McNeely, WiHiam Moore, Morgan, Myers, Negley, Niblack. O'Neill, Packer, Phelps, Poland, Potter, Prosser, Randall, Reeves, Sco field. Porter Sheldon. Shober. Slocum, John A. Smith, Joseph S. Smith, Stevens. Stevenson, Stiles, Strong, Swann, Tanner, Taylor, Twichell, Van A ul en, Van Wyek, Ward, William B. Washburn, Wheeler, Wood— 78. Nays— Messrs. Allison, Arnell, Asper, Atwood, Axtell, Beatty, Beck, Benjamin, Bennett, Bingham, Bird, Boles, ¦Booto-.Boyd, Buck, Burchard, Burdett, Calkin. William T. Clark, Sidney Clarke, Cleveland, Amasa Cobb, Clin ton L. Cobb, Coburn. Cook, Conger, Cullom, Degener, DuMnson, Dockery, Dyer. Farnsworth. Ferry, Finkeln burg, Garfield, Haight, Harris, Hawkins, Hay, Hays, Heflin. Ingersoll, Johnson, Judd, Julian. Knott, Lewis, Logan. Maynard, McCormick, McCrary, McGrew, Mc Kee, McKenzie. Jesse H. Moore. Morphis, Daniel J. Morrell. Orth. Packard, Paine, Palmer, Peck, Perce, llatt, Pomeroy, Rice, Rogers, Roots, Sargent, Sawyer, Schenck. Schumaker, Shanks, Lionel A. Sheldon, Sher rod, William Smyth, Stoughton, Strader, Strickland, Taffe, Trimble. Tyner. Upson, Van Horn, Wallace, Cad walader C Washburn, Welker, Wells, Whitmore. Wil kinson, Williams, Eugene M. Wilson, John T. Wilson, winans, Winchester— -95. Jane 23— Mr. Scofield moved that the bill and amendments be referred to the Committee on the Judiciary ; which was agreed to — yeas 96, nays 91, as follow: Yeas— Messrs.Ames^rcAei-.Armstrong.Arnell, Bailey, Banks, Beaman, Bennett, Biggs, Bird, Blair, George M ! arooks, James Brooks, DaRmton, Burr, Benjamin F But ler, Calkin, Cessna, Churchill, William T. Clark, Clew.- , land, Covode, Cox, Davis, Dawes. Dickey, Donley Ela ' Eldridge. Ferriss, Fisher. Getz,Gim]&n.Crisioold,Haight Haldeman. Hale, Hamblrion, Hamill, Hill. Hour, Holman Hooper, Jenckes, Julian, Kelley, Kellogg, Kelsey' Ketchnm, Knapp. Laflin. Lash, Lawrence, Lewis. May- ham, Maynard, McNeely, William Moore. Morgan, Daniel J. Morrell. Samuel P. Morrill, Morrissey, Myers, Negley Niblack, O'Neill, Packer, Phelps, Poland, Porter, Ran dall, Reeves, Sanford. Scofield, Porter Sheldon, Shober, Slocum, John A. Smith .William J. Smith, Starkvv.-ither, Stevens, Stevenson, Stiles, Stone, Strong, Swmin, v.ylor, Twichell, Van Auken, Van T>-ump,Van Wyek, Ward,' Wil liam B. Washburn, Wheeler, Wood, Woodward— go. Nays— Messrs. Adams, Allison. Asper, Atwood, Axtell, Barry, Beatty, Beck, Benjamin, i:mgham, Holes, Booker, Boyd, Buck, Buckley, Burch ard, i:urdett, Sidney Clarke, Amasa Cobb. Clinton L. Cobb, Coburn, Conger, Conner, Cook, Cullom, Degener. Dickinson, Dockery, Dox, Dyer, Farnsworth, Ferry, Finkelnburg, Garfield. Gibson, Ham ilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Ingersoll, Johnson. Alexander H.Jones. Tlimnas L. Jones, Judd, Knott, Logan, Murshall, Mci'orm'c1--., ' .McCrary, McGrew, MeKee. McKenzie, Jesse H. Moore, Morphis, Newsham, Orth, Packard, Paine, Palmer, Peck. Perce, Platt, Prosser, Rice, Rogers, Roots, .Sargent, Sawyer, Shanks. Lionel A. Sheldon, Sherrod, Joseph S. Smith, William Smyth, Stoughton, Stroder, Strickland. Taffe, Tillman, Trimble, Tyner, Upson, Van Horn, Wallace, Cadwalader C. Washburn, Welker, Wells, Whitmore, Wilkinson, Williams, John T. Wilson, Winchester— 94. Present Apportionment. The present apportionment is as follows : Maine 5 Kentucky. 9 New Hampshire 3 Tennessee 8 Vermont 3 Indiana 11 Massachusetts 10 Illinois 14 Rhode Island 2 Missouri 9 Connecticut 4 Arkansas 3 New York 31 Michigan i; New Jersey 5 Florida l Pennsylvania 24 Texas 4 Delaware, 1 Iowa G Maryland 5 Wisconsin 6 Virginia 8 California 3 North Carolina 7 Minnesota -. 2 South Carolina 4 Oregon 1 Georgia 7 Kansas 1 Alabama 6 West Virginia 3 Mississippi 5 Nevada 1 Louisiana 5 Nebraska 1 Ohio 19 Whole number of representatives - 243 Delegates 9 Whole number of representatives and delegates 252 The original number fixed was 233. Eight were sub sequently added for special States, making 241, and Nevada and Nebraska have since been admitted into the Union, increasing the representation to 243. Another bill, containing the same provisions, with an amendment, providing that every State having a fraction exceeding one-half of tlie num ber required for a representative, shall have one representative added to its representation, was passed by the Senate on the 7th day of July, 1870, tut was not reached in the House, a motion to suspend the rules for the purpose of considering it having been disagreed to July 13, 1870 — yeas 93, nays 97. A previous proposition on this subject was made in the House by Mr. Coburn, of Indiana, on the 13th day of December, 1869, as an amend ment to the census bill ; which, after discussion, was withdrawn UVII. BANKING AND CURRENCY. AS ACT to provide for the redemption of the three per centum temporary loan certificates, and for an increase of national bank notes. Beit enacted, &c, That $54,000,000, in notes for circulation may be issued to national banking associations in addition to the $300,000,000 au- ' thorized by the 22d section of the " Act to pro vide a national currency secured by a pledge of United StateB bonds, and to provide for the circulation and redemption thereof,'-' approved June 3, 1864; and the amount of notes so pro vided shall be furnished to banking associations organized or to be organized in those States and Territories having less than their proportion under the apportionment contemplated by the provisions of the " Act to amend an act to pro vide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved March 3, 1865, and the bonds deposited with the Treasurer of the United States to secure the addi tional circulating notes herein authorized shall be of any description of bonds of the United States bearing interest in coin ; but a new apportion ment of the increased circulation herein provided for shall be made as soon as practicable, based upon the census of 1870: Provided, That if applications for the circulation herein authorized shall not be made within one year after the pass age of this act, by banking associations organized or to be organized in States having leas than their proportion, it shall be lawful for the Comptroller of the Currency to issue such circula tion to banking associations applying for the same in other States or Territories having less than their proportion, giving the preference to such as have the greatest deficiency : And Pro vided further, That no banking association here after organized shall have a circulation in excess of $500,000. Sec. 2. That at the end of each month after the passage of this act it shall be the duty of the Comptroller of the Currency to report to the ¦ Secretary of the Treasury the amount of circu lating notes issued, under the provisions of the preceding section, to national banking associa tions during the previous month ; whereupon the Secretary ol the Treasury Bhall redeem and can cel an amount of the three per centum temporary loan certificates issued under the acts of March 2, 1867, and July 25, 1868, not less than the amount of circulating notes bo reported, and may, if necessary, in order to procure the presentation of such temporary loan certificates for redemp tion, give notice to the holders thereof, by pub lication or otherwise, that certain of said certifi cates (which shall be designated by number, date, and amount) shall cease to bear interest from and after a day to be designated in Buch notice, and that the certificates so designated shall no longer be available as any portion oi the lawful money reserve in possession of any national banking association, and after the day designated in such notice no interest shall be paid on such certificates, and they shall not there after be counted as a part of the reserve of any banking association, Seo. 3. That upon the deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the 19th and 20th sections of the national currency act, it shall be lawful for the .Comptroller of the Currency to issue to the association making the same circulating notes of different denominations not less than $5, not exceeding in amount eighty per cent, of the par value of the bonds deposited, which notes shall bear upon their face the promise of the associa tion to which they are issued to pay them upon presentation at the office of the association, in gold coin of the United States, and shall be re deemable uoon such presentation in such coin: Provided, That no banking association organized under this section shall have a circulation in ex cess of $1 .OOO.OOOi' Sec. 4. That every national banking associa tion formed under the provisions of the preced ing section of this act shall at all times keep on hand not less than twenty-five per cent, of its Outstanding circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other such banking association which at the time of such payments shall be redeeming its circulating notes in gold or silver coin of the United States. Seo. 5. That every association organized for the purpose of issuing gold notes as provided in this act shall be subject to all the requirements and provisiona of the national currency act, ex cept the first clause of section 22, which limits the circulation of national banking association^ to $300,000,000; the first clause of section 32; which, taken in connection with the preceding section, would require national banking associa tions organized in the city of San Francisco to redeem their circulating notes at par in the city of New York ; and the last clause of section 32, which requires every national banking associa tion to receive in payment of debts the notes of every other national banking association at par: Provided, That in applying the provisions and requirements of Baid act to the banking associa tions herein provided for the terms "lawful money " and " lawful money of the United States," shall be held and construed, to mean gold or silver coin of the United States. Seo. 6. That to secure a more equitable distri bution of the national banking currency, there may be issued circulating notes to banking asso ciations organized in States and Territories hav- 586 BANKING AND CUEEENCY. 587 ing less than their proportion, as herein set forth ; and the amount of circulation in this section au thorized shall, under the direction of the Secre tary of the Treasury, as it may be required for this purpose, be withdrawn, as herein provided, from banking associations organized in States having a circulation exceeding that provided for by tbe act entitled " An act to amend an act en titled 'An act to provide for a national banking currency secured by pledge of United States bonds, and to provide for the circulation and re demption thereof,' " approved March 3, 1865, but the amount so withdrawn sball not exceed $25,- 000,000. The Comptroller of the Currency shall, under the direction of the Secretary of the Treas ury, make a statement showing tho amount of Circulation in each State and Territory, and the amount to be retired by each banking association in .accordance with this section, and shall, when such redistribution of circulation is required, make a requisition for such amount upon such banks, commencing with the banks having a cir culation exceeding $1,000,000 in States having an excess of circulation, and withdrawing their circulation in excess of $1,000,000, and then pro ceeding pro rata with other banks having a cir culation exceeding $300,000 in States having the largest excess of circulation, and reducing the circulation of such banks in States ' having the greatest proportion in excess, leaving undisturb ed the banks in States having a smaller propor tion, until those in greater excess have been re duced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,000,000 herein provided for shall be withdrawn ; and the circulation so withdrawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same ; and it shall be the duty of the Comptroller of the Currency, under the direction of the Secretary of the Treasury, forthwith to make a requisition for the amount thereof upon the banks ahove indicated as herein prescribed ; and upon failure of such associations, or any of them, to return the amount so required within one year, it shall be the duty of the Comp troller of the Currency to sell at public auction, haying given twenty days' notice thereof in one daily newspaper printed in Washington and one in New York city, an amount of bonds deposited by said association, aa security for said circula tion, equal to the circulation to be withdrawn from said association and not returned in com pliance with such requisition; and the Comp troller of the Currency shall with the proceeds redeem so many of the notes of said banking association as they come into the treasury as will equal the amount required and not so returned, and shall pay the balance, if any, to such bank ing association.- Provided, That no circulation shall be withdrawn under the proviaions of this section until after the $54,000,000 granted in the first section shall have been taken up. Seo 7. That after the expiration of six months from the passage of this act any banking asso ciation located in any State having more than >ts proportion of circulation may be removed to My State having less than its proportion of cir culation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may require- Provided, That the amount of the issue of said banks shall not be deducted from the amount of new issue provided for in this act. Approved July 13, 1870. Final Vote. In Senate, July 6, 1870. The bill, as printed above, being the report pf the co.nmittee of conference last appointed, was agreed to without a division. In House, July 7, 1870. Yeas— Messrs. Allison, Ambler, Armstrong, Asper Atwood, Ayer, Bailey Banks, Benjamin, Bennett; Benton, Blair, Boles, Booker, Boyd, Buck Buckley Burchard.-Burdett, Roderick R. Butler, Cake Cessna Churehm,WilliamT.Clark,SidneyClarke,AmasaCobb' Coburn, Conger, Cpok, Covode, Cowles, Darrall, Dickev Donlpy, Duval, Dyer Ferriss, Perry, Finkelnburg! Fisher, Garfield, Gilfillan, Harris, Hawley, Havs Hill Thomas L. Jones. Judd, Kelley, Knapp, Lash, Logan! Loughridge, McCarthy, McCrary, McGrew, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William JJ??r.?f Morphis, Daniel J. Morrell, Myers, Neelev. O'Neill, Packard, Packer, Palmer, Peck, Poland, Porter Prosser Roots, Sawyer, Scofield, Lionel A. Sheldon! Porter Sheldon, John A. Smith, William J Smith Worthington C. Smith, William Smyth, Stevens, Stokes' Stoughton, Strickland, Taffe, Tanner, Taylor Tillman' Ti-imble, -Upson, Van Horn, Cadwalader C' Washburn' William B. Washburn, Wheeler, Whitmore, Wilkinson' Willard, John T. Wilson— 100. ' Nays— Messrs. Adams, Archer, Arnell, Axtell, Barnum Beatty, Biggs, Bingham, Bird, George M. Brooks, James Brooks, Buffinton, Burr, Benjamin F. Butler, Calkin Cleveland,' Conner', Cox, Crebs, Davis, Diclcinsm, Dixon Dox, Ela, Getz, Haldeman, Hamill, Hawkins, Hay, Hoar' Hooper, Ingersoll, Jenckes, Johnson, Julian. Kellogg' Kerr, Lawrence, Lewis, Marshall, Mayliam, McCormick, McNeely, Morgan, Mungen, Niblack, Orth, Paine, Potter Randall, Reeves, Rice, Sanford, Sargent, Schumaker, Shanks, Slocum, Joseph S. Smith, Starkweather, Steven son, Stiles, Stone, Strong, Swann, Sweeney, Townsend Twichell, Tyner, Van Auken, Van Trump, Van Wyek' Voorhees, Ward, Welker, Williams, Winchester, Woodward —77. Previous Votes. In Senate. 1S7Q, January 11 — Mr. Sherman, from the Committee on Finance, reported the following bill: " To provide a national currency of coin notes, and to equalize the distribution of circulating notes. Be it enacted, &c, That $45,000,000 in notes for circulation may be issued to national bank ing associations, in addition to the $300,000,000 authorized by the 22d section of the "Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 4, 1864; and the amount of notes so pro vided shall be furnished to banking associations organized or to be organized in those States aud Territories having less than their proportion under the apportionment contemplated by the provisions of the "Act to amend an act to pro vide a national currency secured by a pledge of United States bonds, and to provide for the ciir culation and redemption thereof," approved March 3, 1865; but a new apportionment. Bhall be made as soon as practicable, based upon the census of 1870. Sec. 2. That at the end of each month after the passage of this act it shall be the duty of 588 POLITICAL MANUAL. the Comptroller of the Currency to report to the Secretary of the Treasury the amount of circu lating notes issued to national banking associa tions during the previous month; whereupon the Secretary of the Treasury shall redeem and retire an amount of the three per centum tem porary loan certificates issued under the acts of March 2, 1867, and July 25, 1868, not less than the amount of circulating notes so reported ; and may, if necessary, in order to procure the pre sentation of such temporary loan certificates for redemption, give notice to the holders thereof, by publication or otherwise, that certain of said certificates, (which shall be designated by num ber, date, and amount,) shall cease to bear inter est from and after the date of such notice, and that the certificates so designated shall no longer be available as any portion of the lawful money reserve in the possession of any national bank, and after such notice no interest shall be paid on such certificates, and they shall not be counted as a part of the reserve of any banking association. Seo. 3. That upon the deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the nineteenth and twen tieth sections of the national currency act, it shall be lawful for the Comptroller of the Currency to issue to the association making the same circu lating notes of different denominations, not less than five dollars, equal in *nount to ninety per centum of the gold value of the bonds deposited, but not exceeding eighty per centum of their par value ; which notes shall bear upon their face the promise of the association to which they are issued to pay them upon presentation at the office of the association in gold or Bilver coin of the United States, and shall be redeemable upon sueh pre sentation in such coin. Sec. 4. That every national banking associa tion formed under the provisions of section three of this act shall at all times keep on hand not less than twenty-five per centum of its outstand ing circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other banking asso ciation which at the time of such payment shall be redeeming its circulating notes in gold or silver coin of the United States. Sec. 5. That every association organized for the purpose of issuing gold notes, as provided in the preceding sectioD, shall be subject to all the requirements and provisions of the national cur rency act, except the first clause of section 22, which limits the circulation of national banking associations to $300,000,000; the first clause of section 32, which, taken in connection with the preceding section, would require national bank ing associations organized in the city of San Francisco to redeem their circulating notes at par in the city of New York ; and the last clause of Bection 32, which requires every national banking association to receive in payment of debts the notes of every other nationalhanking association at par : Provided, That in applying the provisions and requirements of said act to the banking associations herein provided for, the terms "law ful money" and "lawful money of the United States" shall be held and construed to mean gold or silver coin of the United States. January 31 — The Senate being iu Committee of the Whole, Mr. Sherman, from the Committee on Finance, moved to strike out, in section three, the words "equal in amount to ninety per cent, of the gold value of the bonds deptisited, but not exceeding eighty per cent, of their par value," and in lieu thereof to insert "not exceeding in amount eighty per cent, of the par value of the bonds deposited;" which was agreed to. Mr. Sherman also moved to insert, as section three, the following: Sec. 3. That any banking association located in any State having more than its proportion of circulation may be removed to any State having less than its proportion of circulation, under such rules and regulations as the Comptroller of the Gurrency, with the approval of the Secretary of the Treasury, may require. Mr. Abbott moved to amend this amendm at by adding the following : Provided, That the amount to be issued by said banks shall not be deducted from the amount of new issue provided for iu this act. Which was agreed to. Mr. Warner moved to insert at the beginning of the section the words, " after the expiration of six months from the passage of this act;" which was agreed to. The amendment as amended was then agreed to — yeas 43, nays 12, as follow : Yeas — Messrs. Abbott, Bayard, Brownlow, Cameron, Carpenter, Casserly, Chandler, Corbett, Davis, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kel logg, Lewis, McCreery, Morton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice. Robertson, Ross, Saulsbury, Saw yer, Schurz, Scott, Sherman, Spencer, Stewart; Stock ton, Thayer, Tipton, Trumbull, Vickers, Warner, Willey, Williams- 43. Nays — Messrs. Anthony, Buckingham, Conkling, Ed munds, Fenton, Ferry, McDonald, Morrill of Vermont, Norton, Nye, Sumner, Wilson — 12. February 1 — Mr. Morton moved to amend the first section by striking out, in the first line, the words "forty -five," and inserting the words "fifty-two." Which was agreed to — yeas 39, nays 21, as follow : Yeas— Messrs. Abbott, Bayard. Boreman, Brownlow, Cameron, Carpenter, Davis, Drake, Fowler, Gilbert, Hamilton of Maryland, Harlan, Harris, Howard, Howe, Howell, Johnston, Kellogg, McCreery, McDonald, Mor rill of Maine, Morton, Norton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Schurz, Scott, Spencer, Thayer, Thurman, Tipton, Vickers, Warner— 39. NAYS-Messrs. Anthony, Buckingham, Casserly,Chsind- ler, Conkling, Corbett, Cragin, Edmunds, Fenton, Hamlin, Morrill of Vermont, Patterson, Saulsbury, Sher man, Stewart, Stockton, Sumner, Trumbull, Willey, Wil liams, Wilson — 21. Mr. Conkling moved to amend by inserting after the word "apportionment," where it last occurs in the first section, the words "of the fifty-two million dollars of circulating notes hereby authorized." Which was disagreed to — yeas 23, nays 38, as follow : Yeas — Messrs. Anthony, Boreman, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry, Hamlin, Morrill of Maine, ' Morrill of Vermont, Osborn, Patterson, Pomero> . Rioe, Seott, Stewart, Sumner, Wilson— 23. Nays — Messrs. Abbott, Bayard, Brownlow, Carpenter, Casserly, Davis, Drake, Fowler, Hamilton of Maryland, Harlan, Harris, Howe, Howell, Johnston. Kellogg. Mc Creery, McDonald, Morton, Norton, Pool, Pratt. R..ms3y, Robertson, Ross, Saulsbury, Sawyer, Schurz. Slu-i-muii. BANKING AND CUEEENCY. 589 Btencer. fltockton, Thayer. Tliurman, Tipton, Trumbull, yickers, Warner, Willey, Williams— 38. Mr. Conkling further moved to strike out the last part of the first section, as follows: " but a new apportionment shall be made as soon as practicable, based upon the census of 1870." : Which was disagreed to — yeas 16, nays 44, as follow: Ye JB— Messrs. Anthony, Boreman, Buckingham, Cole.Gonkling Cragin, Edmunds, Fenton, Ferry, Ham lin Howe, Morrill of Vermont, Patterson, Scott, Sum ner, Wilson— 16. Nays— Messrs. Abbott, Bayard, Brownlow, Cameron, Carpenter, Casserly, Corbett, Davis, Drake, Fowler, Ham ilton of Maryland, Harlan, Harris, Howard, Howell, Johnston, McCreery, McDonald, Morrill of Maine, Mor ton Norton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Eic'e, Robertson, Ross, Saulsbury, Sawyer, Schurz, Sher man,' Spencer, Stewart, Stockton, Thayer, Thurman, Tip ton, Trumbull, Vickers, Warner, Willey, Williams — 44. 1 Mr. Sumner offered an amendment, which was disagreed to without a division. Mr. Saulsbury moved to add to the end of the bill the following: Sbc. — ¦ That the sixth section of the act ap proved March 3, 1865, entitled "Act to amend an aot entitled 'An act to provide internal reve nue to support the Government, to pay the in terest on the public debt, and for other purposes,' approved June 30, 1864," be, and the same is hereby, repealed. (The section referred to imposed a tax of ten percent, on State bank circulation;) which was disagreed to — yeas 18, nays 42, as follow: Ysas— Messrs. Bayard, Cameron, Casserly, Cragin, Da ub,-. Perry, Hamilton of Maryland, Johnston, McCreery, A'nrion, Pool, Robertson, Saulsbury, Spencer, Stockton, Thurman, Vickers, Wilson — 18. Nvvs— Messrs. Abbott, Anthony, Boreman, Brown low, Carpenter, Chandler, Cole, Conkling, Corbett, Drake, Edmunds, Fenton, Hamlin, Harlan, Harris, Howard, Howe, Howell, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Osborn, Patter son, Pomeroy, Pratt, Ramsey, Rice, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tip ton, Trumbull, Warner, Willey, Williams — 42. Mr. Morton moved to add the following to the bill: Sec — . That to secure a better distribution ofthe national banking currency, there may be issued circulation notes to banking associations organized in States and Territories having a less banking circulation than their pro rata share, as herein set forth. And the circulation in this sec tion authorized shall within one year, if required, be withdrawn, as herein provided, from banks wganized in States having a circulation exceed ing that provided for by the act entitled "An act to amend an act entitled 'An act to provide for a national banking currency secured by pledge of United States bonds, and to provide for the circulation and redemption thereof,' approved March 3, 1865;" but the amount to be so with drawn shall not exceed $13,000,000. The Comp troller of the Currency shall, under the direction of the Secretary of the Treasury, make a state ment showing the amount of circulation in each State and the amount to be retired by each bank in accordance with this section, and shall, when circulation is required, make a requisition for such amount upon such banks, commencing with thebanks having a circulation exceeding $1,000,- 000 in States having an excess of circulation, Mid, withdrawing one-third of their circulation in excess of $1,000,000, and then proceeding pro rata with banks having a circulation exceeding $100,000 in States having the largest excess of circulation, and reducing the circulation of banks in States having the greatest proportion iu ex cess, leaving undisturbed the banks in States having a smaller proportion, until those in greater excess have been i educed to the same grade, and continuing thus to make the reduc tion provided for by this act until the full amount of $13,000,000 herein provided for shall be with drawn; and the circulation so withdrawn shall be distributed among the States and Territories having lees than their proportion, and so as to equalize the distribution of such circulation among such States and Territories upon the basis provided by law. And upon failure of such bank to return the amount so required within ninety days after said requisition, it shall be the duty of the Comptroller of the Currency to sell at public auction, having given twenty days' notice in a newspaper published in Washington city and New York city, an amount of bonds deposited by said bank as security for its circu lation equal to the circulation to be withdrawn from such bank, and with the proceeds to re deem so many ofthe notes of such bank, as they come into the treasury, as will equal the amount required from it, and shall pay the balance to such bank: Provided, That no circulation shall be withdrawn from States having an excess until after the $52,000,000 granted in the first section have been taken up. Mr. Davis moved to strike out the word "thir teen," wherever it occurs in the amendment, and insert the words "twenty-five;" which was disa greed to. The amendment of Mr. Morton was then agreed to — yeas 34, nays 27, as follow: Yeas— Messrs. Abbott, Bayard, Brownlow, Carpenter, Casserly, Cole, Davis, Fowler, Hamilton of Maryland, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Mc Creery, McDonald, Morton, Norton, Osborn, Pool, Pratt, Ramsey, Rice, Robertson, Saulsbury, Sawyer, Spencer, Stockton, Thayer, Thurman, Tipton, Vickers, Wilson— 31. Nats— Messrs. Anthony, Boreman, Buckingham, Cameron, Chandler, Conkling. Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Howard, Morrill of Maine, Morrill of Vermont, Patterson, Pom eroy, Scott, Sherman, Stewart, Sumner, Trumbull, Warner, Willey, Williams— 27. Mr. Kellogg moved to amend by atriking out the 4th, 5th, and 6th sections, which was disa greed to — yeas 24, nays 33, as follow : Yeas— Messrs. Bavard, Boreman, Buckingham, Car penter, Casserly, Conkling, Fowler, Hamilton of Mary land, Harris, Howe, Howell, Kellogg, McDonald, Mor ton, Norton, Rice, Saulsbury, Seott, Spencer, Stockton, Sumner, Thayer, Thurman, Vickers— 2i. Nits— Messrs. Abbott, Anthony, Brownlow, Cameron, Chandler, Cole, Corbett, Cragin, Dams Drake, Ed munds, Fenton, Ferry, Harlan, Howard, McCreery, Mor rill of Maine, Morrill of Vermont, Osborn, Patterson, Pomeroy, Pool, Pratt, Robertson, Sawyer, Sherman, Stewart, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 33. Mr. Chandler moved to strike out the 1st sec tion ; which was disagreed to. Mr. Vickers moved to insert at the end of sec tion 4 the following: Provided, That the aggregate amount oi bank- ins capital to be furnished under this section shall not exceed $50,000,000. Which was disagreed to. Mr. Sherman moved to insert m the 1st sec tion, after the word "apportionment, where it 590 POLITICAL MANUAL. last occurs, the words "of ihe circulation herein provided for." Which was agreed to. Mr. Casserly moved to strike out in section 5 the words "at all times keep on hand not leBB than twenty-five per centum of its outstanding circulation in gold or silver coin of the United States," and insert in lieu thereof: Before the issue to it of any circulating notes, have a paid-up cash capital of not less than $400,000, which shall not thereafter be dimin ished. It shall at all times have on hand, in gold and silver coin of the United States, not less than thirty-three and one-third per cent, of its outstanding circulation, and two-thirds in specie funds, in bills, notes, and other securities. If at any time the gold and silver coin shall fall below the proportion above specified, such banking as sociation shall not make any loan, discount, or issue of circulating notes until such proportion shall be restored; and a violation of this provis ion shall be an act of insolvency, and every di rector participating in such violation shall become individually liable for all debts and obligations of such banking association. Which was disagreed to — yeas 11, nays 47, as follow : Yeas— Messrs. Bayard, Casserly, Davis. Fowler, Ham ilton of Maryland, McCreery, Saulsbury, Spencer, Stock ton, Thurman, Vickers — 11. Nays— Messrs. Abbott, Anthony. Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Howard, Howe, McDon ald, Morrill of Maine, Morrill of Vermont, Morton, Os born, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 47. Mr. Casserly further moved to amend the bill by inserting at the end thereof the following as an additional section : Seo. — . That bonds of the United States de posited by any bank or banking association under the provisions of this act shall cease to bear in terest while they are so deposited, and the fran chise of banking hereby granted shall be deemed to be payment and discharge of all interest ac crued during the period of such deposit. Which was disagreed to — yeas 9, nays 46, as follow -. Yeas — Messrs. Bayard, Casserly, Davis, Fowler, Hamil ton of Maryland, McCreery, Norton, Thurman, Vickers — 9. Nays — Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Cameron,Carpenter; Chandler, Conk ling, Corbett,<3ragin, Drake, Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Mc Donald, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pool, Ramsey, Rice, Robertson, Ross, SauU bury, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 16. Mr. Boss moved to amend section 1 hy adding thereto the following : Provided, That nothing in this section shall be construed to prevent the immediate distribution of $25,000,000 of the above sum under the pro visions of this act. Which was disagreed to. Mr. Wilson moved to add to the bill the fol lowing: Seo. — . That no banking association organ ized, or to be organized, under the act to provide a national currency secured by a pledge of United States bonds, and to provide for the cir culation and redemption thereof, approved June 3, 1864, shall in any case charge or receive upon any loan or discount a higher rate of interest than seven per cent, per annum. , Which, being modified, on motion of Mr. Thur man, by adding the following : And any contract upon which more than seven per cent, shall be reserved or received shall be void, Was disagreed to — yeas 13, nays 48, as follow: Yeas— Messrs. Bayard, Cameron, Carpenter, Conk ling, Cragin, Edmunds, Patterson, Pratt, Rice, Ross, Spencer, Thurman, Wilson — 13. Nays— Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Chandler, Cole, Corbett, Davts, Drake, Fenton, Ferry, Fowler, Gilbert, Hamilton of Maryland. Hamlin, Harlan, Harris, Howard, Howe, Howell, Johnston, Kellogg, McCreery, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Osborn, Pome roy, Pool, Ramsey, Robertson, Saulsbury, Sawyer, Schurz, Scott, Sherman, Stewart, Stockton, Sumner, Thayer, Tipton, Trumbull, Vickers, Warner, Willey, Williams — 48. . February 2. — The bill having been reported to the Senate with the amendments, the first question being on concurring in the first amend ment offered by Mr. Morton and adopted, it was disagreed to. The second amendment, being that offered by Mr. Sherman as section 3, was agreed to — yeas 43, nays 20, aa follow: Yeas — Messrs. Abbott, Bayard, Boreman, Brownlow, Carpenter, Casserly, Chandler, Corbett, Drake, Gilbert, Harlan, Harris, Howard, Howe, Howell, Johnston, Kel logg, Lewis, Morrill of Maine, Morton, Osborn, Pom eroy, Pool, Pratt, Bamsey, Rice, Robertson, Ross, Saw yer, Schurz, Scott, Sherman, Spencer, Stewart, Stockton, Thayer, Thurman, Tipton, Trumbull, Vicktrs, Warner, Willey, Williams— 43. Nats — Messrs. Anthony, Buckingham, Cameron, Conkling, Cragin, Davis, Edmunds, Fenton, Ferry, Hamilton of Maryland, Hamlin, McCreery, McDonald, Morrill of Vermont, Norton, Nye, Patterson, Saulsbury, Sumner, Wilson— 20. The first amendment offered by Mr. Sherman was then agreed to — yeas 44, nays 12, aa follow • Yeas — Messrs. Abbott, Anthony, Boreman, Brown low, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Kellogg, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson., Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson — 44 Nays— Messrs. Bayard, Carpenter, Casserly, Davis, HamiUon of Maryland, Howe, McDonald, Norton, Sauls bury, Stockton, Thurman, Vickers — 12. Mr. Morton moved to amend the amendment offered by him and adopted, by striking out the word "thirteen" wherever it occurs therein and inserting the word "twenty," and by striking out the word " fifty-two" and inserting the word "forty-five;" which was agreed to — yeas 43, nays 15, as follow : Yeas — Messrs. Abbott, Bayard, Boreman, Brownlow, Carpenter, Casserly, Cole, Corbett, Davis, Drake, Fowler, Gilbert, HamiUon of Maryland, Harlan, Harris, Howe, Howell, Johnston, Kellogg, McCreery, McDonald, Morton, Norton, Osborn, Pratt, Rice, Robertson, Ross, Saulsbury, Sawyer, Schurz, Seott, Sherman, Spencer, Stewart,, Stockton, Thayer, Thurman, Tipton, Trumbull, Vickers, Warner, Wilson— 43. Nays — Messrs. Anthony, Buckingham, Cameron, Chandler, Conkling, Cragin, Edmunds, Fenton, Ferry, Howard, Morrill of Maine, Morrill of Vermont, Patter son, Sumner, Willey— 15. The amendment of Mr. Morton as thus amended was then agreed to — yeas 39, nays 15, as follow: Yeas— Messrs. Abbott, Bayard, Boreman, Brownlow, BANKING AND CTJEEENCY. 591 Qarpanter, Casserly, Corbett, Davis, Drake, Harlan, Har ris, Howe, Howell, Kellogg. McCreery, McDonald, Mor- ipn, Osborn. Pool, Pratt, Ramsey, Rice, Robertson, Koss, Sawyer. Schurz, Scott, Sherman, Spencer. Stew art, Stockton, Thayer, .Thurman, Tipton, Trumbull, Vide- ers. Warner, Willey. Wilson — 39. Nivs— Messrs. Anthony, Buckingham, Cameron, Conkling. Cragin, Edmunds. Fenton, Ferry, Fowler, Howard, Morrill. of Maine, Morrill of Vermont, Nye, Patterson, Sumner — 15. Mr. Morrill, of Vermont, moved to insert at the end of section 3 the following: But shall be accounted for as between the States from which and to which any banks may remove. Which was disagreed to — yeas 21, nays 36, as follow : Yeas'— Messrs. Anthony, Buckingham, Cameron, Chandler, Conkling, Cragin, Edmunds, Fenton, Ferry, Gilbert, Hamlin, Morrill of Maine, Morrill of Vermont, Nye, Patterson, Sherman, Stewart, Sumner. Vickers, Williams, Wilson— 21. Nays— Messrs. Abbott, Boreman, Brownlow, Carpen ter, Casserly, Corbett, Davis, Drake, Fowler, Harlan, Harris, Howard, Howe, Howell, Johnston, Kellogg, Mc Creery. McDonald. Morton, Norton, Osborn, Pool, Pratt, Bamsey, Rice, Robertson, Ross, Saulsbury, Sawyer, ' Sohurz. Scott, Stockton, Thayer, Tipton, Trumbull, War- ner^-36. Mr. Howe moved to strike out the 4th, 5th, and 6th sections ; which waa disagreed to — yeas 29, nays 29, as follow : Yeas— Messrs. Abbott Bayard Boreman, Bucking ham, Carpenter, Casserly, Conkling, Davis, Drake, Fer- ry..Eowler, Hamilton of Maryland, Harris, Howe, How ell, Johnston, Kellogg, McDonald, Morton, Norton, Pom eroy, Rice, Saulsbury, Scott, Spencer, Stockton, Sumner, Thurman, Vickers— 2®. Nays— Messra, Anthony, Brownlow, Cameron, Cor bett, Edmunds, Gilbert, Hamlin, Harlan, Howard, Mc Creery, Morrill of Maine, Morrill of Vermont, Nye, Os born, Patterson, Pool, Pratt, Robertson, Ross, Sawyer, Sherman, Stewart. Thayer, Tipton, Trumbull. Warner, . Willey, Williams, Wilson - 29. The bill was then passed — yeas 39, nays 23, as follow: Yeas— Messrs. Abbott, Boreman, Brownlow, Came ron, Chandler, Corbett, Davis, Drake, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Kellogg, McCreery, Norton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Ross, Sawyer, Sehurz, Sher man, Spencer. Stewart, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 39. Nays— Messrs. Anthony, Bayard, Buckingham, Car penter, Casserly, Cole, Conkling, Edmunds, Fenton, Ferry, Fowler, Hamilton of Maryland, Howe, Mc Don ald, Morrill of Maine, -Morrill of Vermont, Norton, Saulsbury, Scott, Stockton, Sumner, Thurman, Vickers— 23. In House op Repbesentatives. 1870, June 9 — Mr. Garfield, from the Committee on Banking and Currency, offered the following substitute for the Senate bill : That $95,000,000 in notes for circulation may be issued to national banking associations, in addition to the $300,000,000 authorized by the 22d section of the "Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864; and the amount of notes so provided shall be furnished to banking associations organized or to be or ganized in those States and Territories having less than their proportion under the apportion ment contemplated by the provisions of the " Act to amend an act to provide a national currency secured by a pledge of United States bonds, and to.provide for the circulation and redemption thereof," approved March 3, 1865, and the bonds deposited with the Treasurer of the United States to secure the additional circulating notes herein authorized shall be of any description of bonds of the United States bearing interest in coin : Provided, That if applicationa for the circulation herein authorized shall not be made within one year after the passage of this act, by banking associations organized or to be organized in States having less than their proportion, it shall be lawful for the Comptroller of the Currency to issue such circulation to banking associations in other States or Territories not in excess apply ing for the same, giving the preference to such as have the geatest deficiency: And provided fur ther. That no banking association hereafter or ganized shall have a circulation in excess of $500,000. Seo. 2. That at the end of each month after the passage of this act it shall be the duty of the Comptroller of the Currency to report to the Secretary of the Treasury the amount of circu lating notes issued under the provisions of the preceding section to national banking associa tions during the previous month; whereupon the Secretary of the Treasury shall redeem and cancel an amount of the three per centum tem porary loan certificates issued under the acts of Match 2, 1867, and July 25, 1868, not less than- the amount of circulating notes so reported, and may, if necessary, in order to procure the pre sentation of such temporary loan certificates for redemption, give notice to the holders thereof, by publication or otherwise, that certain of said certificates (which shall be designated by num ber, date, and amount) shall cease to bear in terest from and after a day to be designated in such notice, and that the certificates so designated shall no longer be available as any portion of the lawful money reserve in possession of any national banking association, and after the day designated in such notice no interest shall be paid on such certificates, and they shall not thereafter be counted as a part of the reserve of any banking association. And when the, whole amount of additional circulating notes issued in accordance with the provisions of the preceding section of this act shall exceed the amount of the three per centum temporary loan certificates, the Secretary of the Treasury shall, at the be ginning of each month, redeem and cancel an amount of United States notes equal to eighty per centum of the amount of additional circu lating notes issued to national banking asaocia- tiona during the preceding month, in accordance with the provisions of this act. Sec. 3. That to secure a more equitable distri bution of the national banking currency, there may be issued circulating notes to banking associ ations organized in States and Territories having less than their proportion as herein set forth. And the amount of circulation in this section au thorized shall, under the direction of the Secre tary of the Treasury, as it may be required for this purpose, be withdrawn, as herein provided, from banking associations organized in States having a circulation exceeding that provided for by the act entitled "An act to amend an act en titled 'An act to provide for a national banking currency secured by pledge of United States bonds, and. to provide for the circulation and re demption thereof,'" approved March 3, 1865; 592 POLITICAL MANUAL. but the amount so withdrawn shall not exceed $25,000,000. The Comptroller of the Currency Bhall, under the direction of the Secretary of the Treasury, make a statement showing the amount of circulation in each State and Territory, and the amount to be retired by each banking associ ation m accordance with thia section, and shall, when such redistribution of circulation is required, make a requisition for such amount upon such banks, commencing with the banks having a cir culation exceeding $1,000,000 in States having an excess of circulation, and withdrawing their circulation in excess of $1,000,000, and then pro ceeding pro rata with other banks having a cir culation exceeding $300,000 in States having the largest excess of circulation, and reducing the circulation of such banks in States having the greatest proportion in excess, leaving undisturbed the banks in States having a smaller proportion, until those in greater excess have been reduced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,000,000 herein provided for shall be withdrawn; and the circulation so with drawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same. And it shall be the duty of the Comptroller of the Currency, under tbe direction of the Secretary of the Treasury, forthwith to make a requisition for the amount thereof upon the banks above indicated, as herein prescribed. And upon failure of such associations, or any of them, to return the amount so required within one year, it shall be the duty of the Comp troller of the Currency to sell at public auction, having given twenty days' notice thereof in one daily newspaper printed in Washington, and one in New York city, an amount of bonds deposited by said association, as security for said circula tion, equal to the circulation to be withdrawn from said association and not returned in com pliance with such requisition; and the Comp troller of the Currency shall with the proceeds redeem so many of the notes of said banking association, as they come into the treasury, as will equal the amount required and not so re turned, and shall pay the balance, if any, to such banking association : Provided, That no circula tion shall be withdrawn under the provisions of this section until after the $95,000,000 granted in tbe 1st section shall have been taken up. Seo. 4. That after the expiration of six months from the passage of thia act any banking aaso- ciation located in any State having more than ita proportion of circulation may be removed to any State having less than its proportion of cir culation, under such rules and regulations as the Comptroller of the Currency, with the approval of the Secretary of the Treasury, may require : Provided, That the amount of the isaue of said banks shall not be deducted from the amount of new issue provided for in this act. June if — Mr. Randall offered the following substitute : That from and after the passage of this act it shall be unlawful for any individual, associa tion, or corporation to issue as money any note or bill not authorized by act of Congress ; and the Secretary of the Treasury is hereby authorized to issue, on the credit of the United States, such sums as may be necessary for the purposes set forth in this act, not exceeding iu aggregate amount $300,000,000 of United States notes, not bearing interest, of such denominations as he may deem expedient, not less than $5 each, which said notes shall be lawful money and a legal tender for debts in like manner as provided in the 1st section of an act entitled "An act to authorize the issue of United States notes, and for the redemption or funding thereof, and for funding the floating debt of the United , States," passed February 26, 1862. And thb provisions of the 6th and 7th sections of said act are hereby re-enacted and applied to- the notes herein au thorized. Sec. 2. That the notes iasued under this act shall be used only in exchange for the circulating notes issued to national banking associations under the provisions of an act of Congress ap proved March 3, 1864, entitled "An act to pro vide a national currency secured by a pledge of United States bonds," &c, and for the purchase of such amounts of United States bonds aa may be neceasary to carry out the true intent of this act. Sec. 3. That all circulating notes of national banking associations which may hereafter be Eaid into the Treasury of the United States shall e retained in the treasury and not again put in circulation; and the Secretary of the Treasury may pay out for circulation, as the wants of the Government may require, an equal amount of the United States notes hereby authorized to be issued. And the Secretary of the Treasury may exchange United States notes, issued under au thority of this act, with any person or persons for a like amount of circulating notes of national banking associations. And the Secretary of the Treasury shall notify any banking association of the amount of its notes so accumulated when such amount is not less than $900; and the said banking association is hereby required, within thirty days after the issuing of said notice, to redeem said notes at the Treasury of the United States in lawful money, and to present the notes so redeemed to the Secretary of the Treasury for cancellation. And the Secretary of the Treasury is hereby directed to cancel the said notes and to return to the said banking association the pro portionate amount of United States bonds de posited as security for the same. Sec. 4. That in case any national banking as sociation shall neglect or decline to redeem its circulating notes as provided in the preceding section within the thirty days therein specified, the Secretary of the Treasury is hereby author ized and directed to cancel said notes, and to pay said banking association in the United States notes authorized by this act the market value of the United States bonds deposited as security for said circulating notes, after deducting therefrom the amount required for redeeming said national bank notes, and to cancel said bonds, first fur nishing to said banking association a list of the numbers, dates, and denominations of the notes so canceled : Provided, That if it shall appear to the Secretary of the Treasury that any of Buch bonds, held by him on deposit as security for said notes, shall have matured, then it shall be hi3 duty to take the same up at par with the notes BANKING AND CUEBENCF. 593 authorized by this act to an extent of the propor tion of the notes to be so redeemed anil bonds held as security for the same. •Sec. 5. That when the circulating notes of any national banking association shall have been so far redeemed and canceled at the Treasury that the remaining notes shall not exceed three per cent, of the whole amount of circulating notes originally issued to said banking association, the Secretary of the Treasury is hereby authorized and directed to return to said bank the bonds deposited as security for its circulating notes, and said banking association shall be relieved from its obligation to pay said notes remaining in cir culation, and the same shall be redeemed by the Secretary of the Treasury, and paid, on presenta tion to the Treasury, out of any money in the Treasury not otherwise appropriated. Sec. 6. That so much of any law or laws as are inconsistent herewith shall be, and the same are hereby, repealed. Which was disagreed to — yeas 51, nays 111, as follow : Yeas— Messrs. Adams, Axtell, Beck, Bird, Booker, Ben jamin F, Butler, Calkin, Clinton L. Cobb, Cook, Covode, Cox, Crebs, Dockery, Dox, Eldridge, Fitch, Fox, Getz, Gib son, Hambleton, HamiU, Hay, Hays, Heflin, Holman, John son, Lash, Marshall, McCormick, McNeely, Milnes, Morgan, Morrissey, Mungen, Niblack, Randall, Reeves, Rice, Ridg way, Rogers, Schumaker, Sherrod, Shober, Joseph S. Smith, Stites, Strader, Sweeney, Trimbte, Wells, Winchester, Wood ward — 51. Nays— Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Bailey. Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Biggs, Bingham, Blair, Boles, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Roderick R. Butler, Cessna, Churchill, Sidney Clarke, Amasa Cobb, Coburn, Con ger, Cowles, Cullom, Dawes, Degener, Dickey, Dixon, Donley. Duval, Ferriss, Finkelnburg, Fisher, Garfield, Gilfillan, Griswold, Hawley, Hoar, Hooper, Hotchkiss, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lawrence, Lewis, Logan, Mayham, May nard, McCarthy, McCrary, McGrew, Mercur, Eliakim H.Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Newsham, Orth, Packard, Paine, Palmer, Peck, Perce, Phelps, Platt, Poland, Pomeroy, Porter, Potter, Prosser, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William Smyth, Starkweather, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, UpBon, Van Trump, Van Wyek, Ward, Cad walader C. Washburn, William B. Washburn, Wheeler. Whitmore, Winans— 111. Mr. Morgan moved to substitute the following : That all acts and parts of acts authorizing the issue of national bank notes be, and the same are hereby, repealed. Sec. 2. That in order to meet the demands of trade, to secure a currency in quantity and value corresponding to the development of the material wealth and population of the United States, and provide for the people a means of paying their taxes, the Secretary of the Treasury is hereby re quired to cause to be executed gold treasury notes, commonly called greenbacks, of convenient de nominations, in manner and form as already pre scribed by law, to the amount of $400,000,000. Sec. 3. That the Secretary of the Treasury is hereby further required to cancel and destroy all matured United States bonds deposited by the national banks as security in the Treasury of the United States, and to redeem in said treasury noteB the national bank notes issued on said bonds, and return to said banks, in redemption for their notes, the non-matured bonds deposited as afore said; and he shall cancel and destroy all such 38 bank notes which have been or may be received by the agents of the United States iu payment of taxes, or otherwise, and substitute for the same an equal amount of gold treasury notes, and pay to the depositors of said bonds a sum at par in treasury notes equal to the difference be tween the nominal value of the bonds deposited and the amount of bank currency issued on them. Sec. 4. That the Secretary of the Treasury is hereby also required to forthwith give notice, by publication, to the holders of the 5-20 bonds, so called, (which shall be designated by number, date, and amount,) of the largest denominations^ and of such issues as have matured, that the same will be paid to the amount of $100,000,000, at par, in said treasury notes on presentation, and that on failure to preaent said bonds for payment within six weeks after said notice interest on the same shall cease from that date. Seo. 5. That in order to secure a uniform and stable currency, from and after the passage of this act all taxes, duties, and imposts of every kind, payable to the Government of the United States, shall be receivable in gold, silver, or treas ury notes, at the option of the person making the payment; and upon the redemption of the public debt all outstanding treasury notes shall be re deemed at par, in gold or silver, in a manner to be provided for by law. And all acta andparts of acts inconsistent with the provisions of this act are hereby repealed. Which was disagreed to — yeas 37, nays 127, as follow: Yeas — Messrs. Adams, Axtell, Beck, Biggs, Bird, Burr, Conner, Crebs, Dox, Gibson, HamiU, Hawkins, Hays, Hef lin, Holman, Johnson, Kerr, Knott, Lewis, Marshall, McCor mick, McNeely, Morgan, Mungen, Niblack, Reeves, Rice, Ridgway, Rogers, Slteirnd. Shober, Strader, Sweeney, Trim ble, Van Trump, Wells, Winchester — 37. Nays — Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, lilair, Boles, Booker, George M. Brooks, Buckley, Buffinton, Burch ard, Burdett, Roderick R. Butler. Calkin, Cessna, Churchill, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cox, Cullom, Dawes, Degener, Dickey, Dixon, . Hmley, Duval, Eia, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Fox, Garfield, Getz, Gilfillan, Griswold, Hale, Hambleton, Ham ilton, Harris, Hawley, .lay, Hooper, Hotchkiss, Inger soll, Judd, Julian, Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Maynard, Mc Carthy, McCrary, .McGrew, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Dan iel J. Morrell, Morrissey, Newsham, Orth, Packard, Paine, Palmer, Peek, Peree, Phelps, Platt. Poland, Pom eroy, Porter, Potter, Prosser, RandaU, Sanford, Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William Smyth. Starkweather, Stiles, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Upson, Van Horn, Van Wyek, Ward, Cadwalader C. Washburn, Whitmore, Willard, John T.Wilson, Winans— 127. June 15 — Mr. Ingersoll moved to substitute the following: That the Secretary of the Treasury, in addition to the United States legal-tender notes heretofore issued under former acts of Congress, be, and he is hereby, authorized aud directed to issue like notes of the denominations heretofore issued, and in such proportions as he may deem best, to the amount of $44,000,000; $10,000,000 of said notes to be issued within thirty days after the pas sage of this act, and $10,000,000 within sixty days after the passage of this act ; and $10,000,- 000 within ninety days after the passage of this act, and the remai.ning $14,000,000 within or e o94 POLITICAL MANUAL. hundred and twenty days after the passage of this act. Which was disagreed to — yeas 51, nays 103, as follow: Yeas— Messrs. Adams, Archer, Beatty, Beck, Bennett, Burr, Amasa Cobb, Coburn, Cook, Conner, Crebs, Cullom, Dox, Eldridge, Gibson, Hambleton, HamiU, Hamilton, Hawkins, Hay, Hays, Heflin, Holman, Ingersoll, Kerr, Knott, Lawrence, Lewis, Marshall, McCormick, McKenzie, McNeely, Milnes, Morgan. Niblack, Orth, Packard, Reeves, Rice, Ridgway, Rogers, Roots, Sherrod, Strader, Trimble, Tyner, Van Trump, Wells, Winchester, Witcher, Wood — 51. Nays — Messrs. Allison, Ambler, Ames, Asper, Atwood, Bailey, Banks, Harry, Beaman, Benjamin, Benton, Bingham, Bird, Blair, Booker, George M. Brooks, Buck, Buckley, Buffinton. Burchard, Burdett, Roderick R. Butler, Cessna, Churchill, Sidney Clarke, Cleveland, Con ger, Cowles, Cox, Degener, Dickey, Dixon, Donley, Du val, Dyer, Ela, Farnsworth, Ferriss .Finkelnburg, Fish er, Fitch, Fox, Garfield, Getz, Haight, Hale, Harris, Haw- ley.Hoar, Hooper, Hotchkiss, Judd, Julian, Kelley, Kel logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Maynard, McCarthy, McCrary, McGrew, Mercur, William Moore, Morphis, Daniel J. Morrell, Morrissey, Newsham, Pack er, Peck, Perce, Phelps, Poland, Pomeroy, Potter, Ran dall, Sargent, Sawyer, Schenck, Schumaker, Porter Shel don, Joseph S. Smith, William Smyth, Starkweather, Stiles, Stokes, Strickland, Strong, Swann, Taff«, Tanner, Till man, Twichell, Upson, Van Auken, Van Wyek, Ward, William B. Washburn, Willard, Winans, Woodward— 103. Messrs. Ingersoll and Lynch offered amend ments in the nature of substitutes, which were disagreed to without a division. Mr. Joseph S. Smith moved to insert as an additional section to the Senate bill : Sec. — . That after the 1st day of January, A. D. 1871, no interest shall be paid to any national banking association on the bonds deposited by it in pursuance of law as security for its circula tion, except on the excess of the par value of such bonds over and above the amount of na tional bank notes issued to it and not redeemed or canceled by the Government ; and that after that date no tax shall be levied or collected on the circulation of any national banking associa tion. Which waa disagreed to— yeas 37, nays 118, as follow : Yeas — Messrs. Adams, Beck, Bird, Burr, Calkin, Conner, Cox, Crebs, Dox, Hambleton., Holman, Knott, Lewis, Mar shall, Mayham, McNeely, Milnes, Morgan, Morrissey, Mun gen, Niblack, Randall, Reeves, Rice, Ridgway, Rogers, Schu maker, Sherrod, Shober, Joseph S. Smith, Stiles, Sweeney, Trimble,Van Auken,Van Trump,Winchester,Wood—Z1. Nays— Messrs. Allison, Ames, Armstrong. Asper, At wood, Bailey, Banks, Barry, Beaman, Beatty, Bennett, Benton, Blair, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benja min F. Butler, Roderick R. Butler, Cessna, Churchill, William T. Clark, Cleveland, Amasa Cobb, Coburn, Cook, Conger, Cowles, Degener, Dickey, Dixon, Dockery, Donley, Duval, Ela, Farnsworth, Ferriss, Finkelnburg, Fisher, Garfield, Getz,Haight, Hale, Hamilton, Hawkins, Hawley, Hay, Hays, Hoar, Hooper, Hotchkiss, Inger soll, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Maynard Mc Carthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Orth, Packard, Packer, Paine, Palmer, Peck Phelps, Platt, Poland, Pomeroy, Potter, Sargent, Saw yer, Schenck, Lionel A. Sheldon, John A. Smith, Wil liam Smyth, Starkweather, Stokes, Stoughton, Strader, Strickland, Strong, Taffe, Tanner, Taylor, Tillman Twichell, Tyner, Upson, Van Wyek, Ward, Cadwalader C. Washburn, William B. Washburn. Wheeler, Willard John T. Wilson, Winans, Witcher, Woodward— 118. Mr. Judd moved to strike out the following from the 2d section of the substitute : _ And when the whole amount of additional circulating notes, issued in accordance with the _ provisions of the preceding section of this act, shall exceed the amount of three per cent, tem porary loan certificates, the Secretary of the Treasury shall, at the beginning of each month, redeem and cancel an amount of United States notes equal to eighty per cent, of the amount of additional circulating notes issued to national banking associations during the preceding month, in accordance with the provisions of this act. Which was agreed to, upon a division — ayes 72, noes 44. Mr. Allison moved to add to the last section of the substitute the following: And from and after tbe passage of this act it shall be unlawful for any national banking association to pay interest on deposits received from and deposited by any other national bank ing association, or to pay interest on current deposits, or to include in its reserve of lawful money any deposits upon which interest is re ceived or paid. Which was disagreed to — yeas 69, nays 94, as follow : Yeas — Messrs. Adams, Allison, Ames, Archer, Asper, Axtell, Barry, Beck, Biggs, Boles, Burchard, Burr, Cair kin, Churchill, William T. Clark, Cleveland, Cook, Con- fer, Conner, Crebs, Degener, Dox, "Dyer, Finkelnburg, ox, Garfield, Getz, Haight, Harris, Hawkins, Hay, Hef lin, Holman, Hooper, Judd, Kelley, Knott, Marshall, Mayham, May nard, McGormick, McKenzie, McNeely, Milnes, Morgan, Morrissey, Mungen, Niblack, Perce, Reeves, Rice, Ridgway, Rogers, Schenck, Sherrod, Shober, Joseph S. Smith. Stiles, Strader, Sweeney, Taylor, Trimble,Van Auken, Van Trump, WeUs, Winans, Winchester, Witcher, Wood — 69, Nays — Messrs. Ambler, Armstrong, Atwood, Bailey, Banks, Beaman, Beatty, Benton, Bingham, Bird, Blair, Booker, Boyd, George M. Brooks, Buck, Buckley, Buf finton, Burdett, Roderick R. Butler, Cessna, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cowles, Cox, Cullom, Dawes, Dickey, Dixon, Donley, Duval, Farnsworth, Ferriss, Fisher, Griswold, Hawley, Hays, Hoar, Hotchkiss, Ingersoll, Julian, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lewis, Mc Carthy, McGrew, Mercur, Eliakim II. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Newsham, Orth, Packard, Packer, Paine, Peck, Phelps, Platt, Poland, Pomeroy, Roots, Sanford, Sargent, Sawyer, Lionel A- Sheldon, Porter Sheldon William Smyth, Starkweather, Stokes, Stoughton Strickland, Strong, Taffe, Tanner, Tillman, Twichell, Tyner, Upson, Van Wyek. Ward, Cadwalader C. Wash burn, William B. Washburn, Wheeler, Willard, John T. Wilson, Woodward — 94. Mr. Burchard moved to amend the substitute by adding the following as a new section: Sec. — . That hereafter every national bank ing association Bhall retain and keep in coin, or Treasury coin certificates, as part of its reserve, the interest falling due upon its bonds deposited as security for its circulation, until the reserve required to be kept by such bank at its place of business shall consist wholly of coin and coin certificates. Which was disagreed to — yeas 33, nays not counted. Mr. Coburn moved to add to the substitute of the committee the following, as a new section : Sec. — . That the Secretary of the Treasury be, and he is hereby, authorized to issue on the credit of the United States the sum of $44,000,- 000 of United States notes, in addition to such as have been heretofore issued, in denominations of not less than $100, under the provisions of law for issuing such notes, and shall with them redeem the said three per cent, temporary loan certificates, used as a portion of the lawful money reserves by the national banks. Which was disagreed to — yeas 77, nays 95, as follow: BANKING AND CTJEEENCY. 595 Yeas— Messrs. Adams, Allison, Ames. Ardier, Beatty, Beck, Bennett, Boles, Booker, Boyd, Buckley,. Burr, Ben- lamin F. Butler, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conner, Orebs, Cullom, Doekery. Dox, Dyer, Eldridge, Gibson, Griswold, Hambleton, Hawkins, Hay, Hays, Heflin, Hot- man, Ingersoll, Knott, Lash, Lawrence, Lewis, Marshall, Maynara, McCormick, McKenzie, McNeely, Eliakim H. Moore, Jesse H. Moore, Morgan, Morphis, Morrissey, Mungen, Newsham, Niblack, Orth, Packard, Pomeroy, Randall, Reeves, Rice, Ridgway, Rogers, Roots, Sherrod, Shober, Joseph S. Smith, Strader, Taffe, Trimble, Tyner, Van Horn, Tare Trump, Van Wyek, Wells, John T. Wilson, Wincliester, Witcher, Wood — 77. Nats— Messrs. Ambler, Armstrong, Asper, Atwood, AxteU, Bailey, Banks, Barry, Beaman, Benjamin, Ben ton, Bingham, Bird, Blair, George M. Brooks, James Brooks, buck, Buffinton, Burchard, Burdett, Calkin, Churchill, William T. Clark, Cleveland, Conger, Cowles, Cox, Dawes, Degener, Dickey, Dixon, Donley, Duval, ; Farnsworth, Ferriss, Finkelnburg, Fisher, Fox, Gar field, Getz, Haight, Hale, Hawley, Hooper, Hotchkiss, Judd, Julian, Kelley, Kellogg. Kelsey, Ketcham, 'Knapp, Laflin, Mayham, McCarthy, McGrew, Mercur, William Moore, Daniel J. Morrell, Samuel P. Morrill, Packer, Paine, Palmer, Peek, Perce, Phelps, Platt, Po land, Porter, Potter, Sanford, Sawyer, Schenck, Schu maker, Lionel A. Sheldon, Porter Sheldon, William Smyth, Starkweather, Stiles, Stokes, Stougjhton, Strick land, Strong, Tanner, Taylor, Tillman. Twichell, Up son, Van Auken, Ward, Cadwalader C. Washburn, Wil liam B, Washburn, Wheeler, Willard, Winans, Wood ward— 95. The bill was then passed — yeas 98, nays 80, as follow : Yeas— Messrs. Allison, Ambler, Armstrong, Asper, Atwood, Bailey, Barry, Beaman, Beatty, Benjamin, Bennett, Bingham, Boles, Booker, Boyd, Buok, Buck ley, Burchard, Burdett, Cessna, William T. Clark, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Degener, Dickey, Doekery, Donley, Duval. Dyer, Farnsworth, Finkelnburg, Garfield, Gib son, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Logan, McCarthy, McCormick. McCrary, Mc Grew, McKee, McKenzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, New sham, Orth, Packard, Packer, Palmer, Peek. Peree, Phelps, Platt, Pomeroy, Rogers, Roots, Schenek,Shanks, Lionel A. Sheldon, Porter Sheldon, William Smyth, Stokes, Stoughton, Strickland, Taffe, Tillman, Tyner, Upson, Van Horn, Van Wyek, Welker, Wells, Wilkin son, Willard, John T. Wilson, Winans, Witcher— 98. Nays— Messrs. Adams, Ames, Archer, Axtell, Banks, Benton, Biggs, Bird, Blair, George M. Brooks. James Brooks, Buffinton, Burr, Calkin, Churchill, Cleveland, Conner, Cox, Crebs, Dawes, Dixon, Dox, Ela, Eldridge, •Ferriss, Fisher, Fox, Getz, Griswold, Haight, Hale, Ham bleton, Hamill, Hoar, Holman, Hooper, Ingersoll, Ketch am, Knott, Laflin, Lewis, Marshall, Mayham, Maynard, McNeely, Morgan, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Mungen, Nibldck, Paine, Poland, Potter, Ran daU, Reeves, Rice, Sanford, Sargent, Sawyer, Shober, Joseph S. Smith, Starkweather, Stiles, Strader, Strong, Swann, Sweeney, Tanner, Taylor, Twichell, Van Auken, Van Trump, Ward, Cadwalader C. Washburn, William "B. Washburn, Wheeler, Winchester, Wood, Woodward— 80. Mr. Garfield moved to amend the title, so as to read: "To provide for the redemption of the three per cent, temporary loan certificates and for the increase of national bank notes." Which was agreed to. 1870, June 21— The Senate refused to concur in the House amendments and asked a committee of conference, which was granted. June 27 — Tne Committee op Conference. consisting of Senators Sherman, Warner, and Sprague, and Representatives Garfield, Thomas L. Jones, and Lionel A. Sheldon, made the fol lowing report : That the Senate recede from their disagreement to the amendments of the House to the Senate bill, and agree to the same, with the following amendments : Page 1, line 1, strike out "ninety-five" and insert in lieu thereof "forty-five." Page 1, line 18, after. the word "coin" insert the following " but a n ew apportionment of the increased circu lation herein provided for shall be made as soon as practicable, based upon the census of 1870." After section — add the following sections: Seo. — . That upon the deposit of any United States bonds, bearing interest payable in gold, with the Treasurer of the United States, in the manner prescribed in the 19th and 20th sec- tions of the national currency act, it shall be lawful for the Comptroller of the Currency to isaue to the association making. the same circu lating notes of different denominations not lesB than five dollars, not exceeding in amount eighty per cent, of the par value of the bonds deposited which notes shall bear upon their face the prom ise of the aaaociation to which they are issued to pay them upon presentation at the office of the association in gold coin of the United States, and shall be redeemable upon such presentation in such coin: Provided, That no banking associa tion organized under this Bection shall have a circulation in excess of $1,000,000. Sec. — . That every national banking associa tion formed under the provisions of the preced ing section of this act shall at all times keep on hand not less than twenty-five per cent, of its outstanding circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other such banking association which at the time of such payments shall be redeeming its circulating notes in gold coin of the United States. Sec. — . That every association organized for the purpoae of issuing gold notes, as provided in this section, shall be subject to all the require ments and provisions of the national currency act, except the first clause of section 22, which limits the circulation of national banking asso ciations to $300,000,000 ; the first clause of sec tion 32, which, taken in connection with the pre ceding section, would require national banking associations organized in the city of San Fran cisco to redeem their circulating notea at par in the city of New York ; and the last clause of section 32, which requires every national bank ing association to receive in payment of debts the notes of every other national banking asso ciation at par : Provided, That in applying the provisions and requirements of said act to the banking associations herein provided for, the terms "lawful money " and "lawful money of the United States " shall be held and construed to mean gold or silver coin of the United States. That section 3 be amended as follows : page 4, line 3, after the word " withdrawing," insert " one- third of." „ Same page, line 5, strike out the word " three and insert in lieu thereof the word "two." In House, June 29, 1870. The report of the committee of conference was disagreed to — yeas 53, nays 127, as follow: Yeas— Messrs. Ames, Asper, Ayer, Bailey, Benton, Blair, Boles, Bowen, Buckley, Roderick R. Butler, Churchill, Dickey, Ela, Ferriss, Finkelnburg, Fitch, Garfield, Hale, Harris, Heflin, Hill, Thomas L. Jones, Kelsey, Knapp, Laflin, Lash, Mercur, Eliakim H. Moore, Palmer, Perce, Poland, Pomeroy, Roots. Sa, gent, Sawyer, Schenck, Scofield, Lionel A. Sheldon, 596 POLITICAL MANUAL. Porter Sheldon, Shober, John A. Smith, Worthington C. Smith, William . Smyth, Stevens, Stokes, Tanner, Tavlor, Tillman, Upson, Wallace, Ward, Willard, Wi nans— S3. Nays— Messrs. Adams, Allison, Ambler, Armstrong, Atwood, Banks, Barnum, Beatty, Beck, Benjamin, Ben nett, Biggs, Bingham, Bird. George M. Brooks, James Brooks, Buffinton, Burchard, Burr, Benjamin F. Butler, Call-in, Cessna. William T. Clark, Sidney Clarke. Cleve land, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cook, Cox, Crebs, Cullom, Davis, Dawes, Degener, Dick inson, Dixon, Dockery, Dox, Dyer, Eldridge, Farns worth, Ferry, Fisher, Getz, Griswold, Hambleton, Ham ill, Hawkins, Hawley, Hay, Hoar. Holman, Hooper, In gersoll, Johnson. Judd, Kelley, Kellogg, Kerr, Ketcham, Knott. Lawrence, Lewis, Loughridge, Marshall, May nard, McCarthy, McCormick, McGrew, McKee, McNeely, Milnes, Jesse H. Moore, William Moore, Morgan, Mor phis, Daniel J. Morrell, Mungen, Myers, Negley, Nib lack, O'Neill, Orth, Packer. Paine, Peck, Phelps , Porter, Prosser, Reeves, Rice, Rogers, Sanford, Schumaker, Shanks Slocum, Joseph S. Smith, Starkweather, Steven son, Stil'',Sltme, Stoughton, ££roder,Strickland,Strong, Swann, Sweeney, Taffe, Townsend, Twichell. Tyner, Van Auken, Van Horn, Van Wyek. Welker, Wells, Wheeler, Whitmore, Wilkinson, Williams. Euqene M. Wilson, John T. Wilson, Winchester, Wood, Woodward — 127. A second committee of conference, consisting of Senators Williams, Morton, and Bayard, ana Representatives Judd, Packer, and Knott, agreed upon a report, being the bill as finally passed, and printed at the beginning of this chapter. The following, it is understood, will be the ap portionment of the additional circulation given in this act: Virginia, $4,915,985; West Virginia, $457,770; Illinois, $1,079,592; Michigan, $786,776; Wis consin, $2,117,939; Iowa, $681,363; Kansas, $174,712; Missouri, $3,000,412; Kentucky, $4,- 651,349; Tennessee, $4,331,759; Louisiana, $5,- 425,193; Mississippi, $2,980,470; Nebraska, $6,- 576; Georgia, $4,681,728; North .Carolina, $4,- 098,628; South Carolina, $4,216,838; Alabama, $4,081,212; Oregon, $161,273; Texas, $2,032,- 194; Arkansas, $1,455,519; Utah, $58,332; Cal ifornia, $1,717,388; Florida, $546,442; Dakota, $15,441; New Mexico, $277,939; Washington Territory, $47,180. Total, $54,000,000. The following is the apportionment of the ex isting circulation : Maine, $5,415,000; New Hampshire, $3,312,- 000; Vermont, $2,989,500; Massachusetts, $21,- 795,000; Rhode Island, $4,794,000; Connecticut, $7,222,500; New York, $53,473,500; New Jersey, $6,690,000; Pennsylvania, $26,527,500; Mary land^ $7,137,000; Delaware, $1,090,500; District of Columbia, $658,500; Virginia, $10,731,000; West Virginia, $2,788,500; Ohio, $17,623,500; •Indiana, $9,615,000; Illinois, $11,838,000; Mich igan, $5,200,500 ; Wisconsin, $6,211,500; Iowa, $4,408,500; Minnesota, $1,050,000; Kansas, $646,500; Missouri, $9,411,000; Kentucky, $10,- 500,000; Tennessee, $8,766,000; Louisiana, $10,- 581,000; Mississippi, $5,265,000; Nebraska, $181,500; Colorado, $193,500; Georgia, $9 420,- 500; North Carolina, $7,546,500; South Carolina $7,566,000; Alabama, $7,425,000; Nevada, $48,- 000; Oregon, $370,500; Texas, $3,961,000' Ar kansas, $2,724,000; Utah, $237,000; California, $3,003,000; Florida, $955,500; Dakota, $27,000; New Mexico, $486,000; Washington Territory, $82,50Q. -Total, $299,968,500. In House, December 11, 1869. Mr. Ingersoll introduced a "bill authorizing an additional issue of legal-tender notes to the amount of $44,000,000, and for other purposes;" which was referred to the Committee on Banking and Currency. Pending question of reference, Mr. Scofield moved to lay the bill on the table; which was disagreed to — yeas 65, nays 88, as follow : Yeas — Messrs. Ambler. Ames, Asper, Bailey, Beaman, Benjamin, Biggs. Bird, Blair, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Cox. Dawes, Dixon. Donley, Duval. Ferriss, Finkelnburg. Fisher, Garfield, Getz, Hal deman, Hoar, Hooper, Jenckes. Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Lash, McGrew, Mercur, William Moore, Samuel P. Morrill, Mungen, Myers, O'Neill, Vo\o,nd,RandaU, Reading, Reeves. Scofield. Porter Sheldon, Johj A. Smith, Worthington C Smith, Stark weather, Stevens. Stoughton, Strickland, Strong.TowBs- end, Twichell, Ward, Cadwalader C. Washburn. William B.Washburn, Wheeler, Willard, Winans, Woodward— 65. Nays— Messrs. Allison, Armstrong, Arnell, Beatty, Bennett, Boles, Burchard, Burdett, Burr, Benjamin F. Butler, Roderick R. Butler, Calkin, Cessna. Amasa Cobb, Coburn, Cook, Cowles, Crebs, Cullom, Davis. De weese, Dickinson, Dockery, Dox, Dyer, Eldridge, farns worth. Ferry, Fitch, Gilfillan, Griswold, Hamilton, Hawkins Hawley, Hay, Heaton . Heflin, Hoag, Solomon L. Hoge. Holman. Ingersoll, Johnson, Alexander H. Jonee, Judd, Julian, Knott, Lawrence, Loughridge, May ham, Maynard, McCarthy, McCormick, McCrary, Mor gan, Negley, Niblack, Orth, Packard, Paine, Peters, Pomeroy, Prosser, Rice. Rogers, Sargent, Lionel A. Shel don, Joseph S. Smith, William J. Smith, William Smyth, Stevenson, Stokes, Stone, Strader, Sweeney, Taffe, Tanner, Tillman, Tyner, Upson, Van Trump, Welker, Wells, B. F. Whittemore, Wilkinson, Williams, Eugene M. Wilson, Witcher, Wood— 88. 1870, January 17 — Mr. McNeely moved to sus pend the rules to offer, and the House to adopt, the following resolution, viz: Resolved, That the Committee on Banking and Currency be, and they are hereby, instructed to report at an early day a bill providing for with drawing from circulation the national hank cur rency, and for issuing, instead of such currency, treasury notes, usually known as "greenbacks." Which was disagreed to — yeas 56, nays 114, as follow: Yeas — Messrs. Adams, Archer, Axtell, Beck, Biggs, Bird, James Brooks, Burr, Roderick R. Butler, Calkin, Cox, CrebS, Dickinson, Dox, Eldridge, Getz, Golladay, Greene, Griswold, Haight, Haldeman, Hambleton, Hamill, Haw kins, Hay, Holman, Johnson, Thomas L. Jones. Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, RandaU, Reading, Reeves, Rogers, Schu maker, Sherrod, Joseph S. Smith, Stiles, Strader. Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu gene M. Wilson, Winchester, Wood, Woodward— 5G. Nays— Messrs. Ambler, Ames, Armstrong, Asper, Bai ley, Banks, Barnum, Beaman, Beatty, Benjamin, Ben ton, Bingham, Blair, Boles, Bowen, Boyd. G. M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Cake, Cessna, Sidney Clarke, Amasa Cobb, Clinton L.Cobb, Coburn, Cnok, Conger, Cowles. Dawes, Deweese, Dick ey, Dixon, Donley, Duval, Dyer, Ferriss, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Hawley, Heaton.Heflin, Hill. Hoar, Hooper, Jenckes, Judd, Ju lian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Lash, Lawrence, Logan, Lynch, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore. Daniel .1. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps, Po land, Pomeroy, Potter, Prosser, Roots, Sargent, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, Stark weather, Stevens, Stokes, Stoughton, Strong, Taffe, Tanner, Tillman, Townsend. Twichell, Tyner, Upson, Cadwalader C. Washburn, William B. Washburn, Wel ker, Wheeler, Wilkinson, Willard, Williams, John T. Wilson— 114. LVII1. THE FUNDING ACT. AS ACT to authorize the refunding of the na tional debt. Be it enacted, &c, That the Secretary of the Treasury is hereby„authorized to issue, in a sum or sums not exceeding in the aggregate $200,- 000,000, coupon or registered bonds of the United States, in such form as he may prescribe, and of denominations of fifty dollars, or some multiple of that sum, redeemable in coin of the present standard value, at the pleasure of the United States, after ten years from the date of their is sue, and bearing interest, payable semi-annually in such coin, at the rate of five per cent, per an num ; also a sum or sums not exceeding in the aggregate $300,000,000 of like bonds, the same in all respects, but payable at the pleasure of the United States, after fifteen years frpm the date of their issue, and bearing interest at the rate of four and a half per cent, per annum ; also a sum or sums not exceeding in the aggregate $1,000,000,000 of like bonds, the same in all respects, but pay able at the pleasure of the United States, after thirty years from the date of their issue, and bearing interest at the rate of four per cent, per annum ; all of which said several classes of bonds, and the interest thereon, shall be exempt from the payment of all taxes or duties of the United States, as well as from taxation (in any form by or under State, municipal, or local authority; and the said bonds shall have set forth and ex pressed upon their face the above specified con ditions, and shall, with their coupons, be made payable at the Treaaury of the United States. But nothing in this act, or in any other law now in force, shall be construed to authorize any in crease whatever of the bonded debt of the United Sec. 2. That the Secretary of the Treasury is hereby authorized to sell and dispose of any of the bonds issued under this act at not less than their par value for coin, and to apply the pro ceeds thereof to the redemption of any of the bonds of the United States outstanding and known as 5-20 bonds at their par value; or he may exchange the same for such 5-20 bonds, par for par; but the bonds hereby authorized shall be used for no other purpose whatsoever. And a sum not exceeding one-half of one per cent, of the bonds herein authorized is hereby appro priated to pay the expense of preparing, issuing, advertising^ and disposing of the same. •' Sec. 3. That the payment of any of the bonds hereby authorized after the expiration of the said several terms of ten, fifteen, and thirty years shall be made in amounts to be determined from time to time by the Secretary of the Treasury at his discretion, the bonds so to be paid to be dis tinguished and described by the dates and num bers, beginning for each successive payment with the bonds of each class last dated and numbered, of the time of which intended payment or redemp tion the Secretary of the Treasury shall give public notice ; and the interest on the particular bonds so selected at any time to be paid shall cease at the expiration of three months from the date of such notice. Sec. 4. That the Secretary of the Treasury is hereby authorized, with any coin in the Treasury of the United States which he may lawfully ap ply to such purpose, or which may be derived from the sale of any of the bonds the issue of which is provided for in this act, to pay at par and cancel any six per cent, bonds ofthe United States of the kind known as 5-20 bonds which have become or shall hereafter become redeemable by the terms of their issue. But the particular bonds so to be paid and canceled Bhall in all cases be indicated and specified by class, date, and num ber, in order of their numbers and isaue, begin ning with the first numbered and issued, in public notice, to be given by the Secretary of the Treas ury, aud in three months after the date of such public notice the interest on the bonds so selected and advertised to be paid shall cease. Sec. 5. That the Secretary of the Treasury is hereby authorized, at any time within two years from the passage of thia act, to receive gold coin of the United States on deposit for not leas than thirty days, in sums of not less than $100, with the Treasurer, or any assistant treasurer of the United States authorized by the Secretary of the Treasury to receive the same, who shall issue therefor certificates of deposit, made in such form as the Secretary of the Treasury shall prescribe, and said certificates of deposit shall bear interest at a rate not exceeding two and a half per cent. per annum; and any amount of gold com so de posited may be Withdrawn from deposit at any time after thirty days from the date of deposit, and after ten days' notice and on the return of said certificates : Provided, That the interest on- all such deposits shall cease and determine at the pleasure of the Secretary of the Treasury. And not less than twenty-five per cent, of the coin deposited for or represented by said certificates of deposits shall be retained in the Treasury for the payment of said certificates ; and the excess beyond twenty-five per cent may be applied, at the discretion of the Secretary of the Treasury, to the payment or redemption of such outstand ing bonds of the United States heretofore issued and known as the 5-20 bonds, as he may desig nate under the provisions ofthe 4th section of this act ; and any certificates of deposit issued as aforesaid may be received at par, with the inter est accrued thereon, in payment for any bonds authorized to be issued by this act. Sec. 6. That the United States bonds purchased and now held in the Treasury in accordance with the provisions relating to a sinking fund, of sec tion 5 of the act entitled " An act to authorize the issue of United States notes, and for the re- 597 felL 598 POLITICAL MANUAL. demptiou or funding thereof, and for funding the floating debt of the United States," approved February 25, 1862, and all other United States bonds which have been purchased by the Secre tary of the Treasury with surplus funds in the Treasury, and now held in the Treasury of the United States, shall be canceled and destroyed, a detailed record of such bonds so canceled and destroyed to be first made in the books of the Treasury Department. Any bonds hereafter ap plied to said sinking fund, and all other United States bonds, redeemed or paid hereafter by the United States, shall also iu like manner Be re corded, canceled, and destroyed, and the amount of the bonds of each class that have been can celed and destroyed shall be deducted respectively from the amount of each class of the outstand ing debt of the United States. In addition to other amounts that may be applied to the redemp tion or payment of the public debt, an -amount equal to the interest on all bonds belonging to the aforesaid sinking^ fund shall be applied, as the Secretary of the Treasury shall from time to time direct, to the payment of the public debt, as provided for in section 5 of the act aforesaid ; and the amount so to be applied is hereby appro priated annually for that purpose out of the re ceipts for duties on imported goods. Approved, July 14, 1870. Final Votes. Iisr Senate, July 13, 1870. The bill, being the report of the committee of conference last appointed, was agreed to without a division. I* House, July 13, 1870. Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Bailey, Banks, Barry, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Sidney Clarke, William T. Clark, Amasa Cobb, Coburn, Conger, Cook, Covode, Cowles, Cullom, Darrall, Davis, Dawes, Degener, Dickey, Dixon, Donley, Duval, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Hamilton, Harris, Hawley, Hays, Heflin, Hill, Hoar, Hooper, Hotchkiss, Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch am, Knapp, Laflin, Lash, Lawrence, Logan, Lough ridge, Lynch, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J.- Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peck, Perce, Peters, Phelps, Poland, Porter, Prosser, Rogers, Roots, Sanford, Sargent, Sawyer, Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon. John A.Smith, Wil liam J. Smith, Worthington C. Smith, William Smyth, Stevens, Stokes, Stoughton, Strickland, Taffe, Tanner, Taylor, Tiljman, Townsend, Twichell, Tyner, Upson, Van Horn, Van Wyek, Ward, William B. Washburn Welker, Wheeler, Whitmore, Wilkinson, Willard, Wil liams, John T.Wilson, Witcher— 139. Nats— Messrs. Adams, Archer, Axtell, Barnum, Beatty Beck, Biggs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs , Dickinson, Eldridge, Fox, Getz, Griswold, Haight, Hambleton, Hamill, Hay, Holman. John son, Thom as L. Jones, Kprr, Knott, Lewis, Marshall. Mayham. McCor mick, McKenzie, Morgan, Potter, Randall, Reeves, Rice, Schu maker, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Trump, Voorhees, Wells Eu gene M. Wilson, Winchester, Wood, Woodward— 54. Previous Votes. In Senate. 1870, February 7 — Mr. Sherman, from the Com mittee on Finance, reported the following bill : Be it enacted, &c, That foi the purpose of funding the debt of the United States and reduc ing the interest thereon, the Secretary of the Treasury be, and he is hereby, authorized to is sue, on the credit of the United States, coupon or registered bonds of such denominadons, not less than $50, as he may think proper, to an amount not exceeding $400,000,000, redeemable in coin at the pleasure of the Government at any time after ten years, and payable in coin at twenty years from date, and bearing interest at tlie rate of five per centum per annum, payable semi annually in coin; and the bonds thus authorized may be disposed of, at the discretion of the Sec retary, under such regulations] as he shall pre scribe, either in the United States or elsewhere, at not less than their par value for coin, or they may be exchanged for any of the outstand ing bonds of an equal aggregate par value here tofore issued and known as the five-twenty bonds, and for no other purpose; and the proceeds of so much thereof as may be disposed of for coin shall be placed in the Treasury, to be used for the redemption of such six per centum bonds at par as may not be offered in exchange, or to re place such amount of coin as may have been used for that purpose. Sec. 2. That the Secretary of the Treasury be/ and he is hereby, authorized to issue on the credit of the United States, coupon or registered bonds to the amount of $400,000,000, of such denominations, not less than $50, as he may think proper, redeemable in coin at the pleas ure of the Government at any time after fifteen years, and payable in coin at thirty years from date, and bearing interest not exceeding four and one-half centum per annum, payable semi-an nually in coin ; hnd the bonds authorized by this section may be disposed of under such regulations as the Secretary shall prescribe, in the United States or elsewhere, at not less than par for coin; or they may be exchanged at par for any of the outstanding obligations of the Government bearing a higher rate of interest in coin; and tlie proceeds of Buch bonds as may be sold for coin shall be deposited in the Treasury, to be used for the redemption of such obligations bear ing interest in coin as by the terms of issue are or may become redeemable or payable, or to' re place such coin as may have been used for that purpose. Sec. 3. That the Secretary of the Treasury be, and he is hereby, authorized to issue, on the credit of the United States, from time to time, coupon or registered bonds of such denomina tions, not less than $50, as he may think proper, to the amount of $400,000,000, redeemable in coin at the pleasure of the Government at any time after twenty years, and payable in coin at forty years from date, and bearing interest at the rate of four per centum per annum, payable semi-annually in coin ; and such bonds may be disposed of, either in the United Statea or elae- where, at not less than their par value, for coin, or, at the discretion of the Secretary, for United States notes; or may be exchanged at not less than par for any of the obligations of the United States outstanding at the date of the issue of such bonds ; and if in the opinion of tho Secre tary of the Treasury it is thought advisable to THE FUNDING ACT. 599 issue a larger amount of four per centum bonds for any of the purposes herein or hereinafter re cited than would be otherwise authorized by this section of this act, such further issues are hereby authorized: Provided, That there shall be no increase in the aggregate debt of the United States in consequence of any issues authorized by this act. Sec. 4. That the bonds authorized by this act shall be exempt from all taxation by or under national, State, municipal, or local authority. Sec 5. That the coupons of said bonds may be made payable at the Treasury of the United States, or at the office of an authorized agent of the United States, either in the cities of London, Paris, Berlin, Amsterdam, or Frankfort, in dol lars, or the equivalent thereof in sterling money, in francs or in thalers. Sec. 6. That the Secretary of the Treasury be, and he it hereby, authorized to appoint such agents in the United States and in Europe as he may deem necessary to aid in the negotiation of said bonds ; and he may advertise theloan herein authorized and the conditions thereof in such newspapers and journals in this country and in Europe as he may select for that purpose ; and a sum not exceeding one per centum of the bonds herein authorized is hereby appropriated to pay the expense of preparing, issuing, and disposing of the same. Sec. 7. That in order to carry into execution the provisions of the 5th section of the act enti tled "An act to authorize the issue of United States notes and for the redemption or funding thereof and for funding the floating debt of the United States," approved February 25, 1862, relating to the sinking fund, there is hereby ap propriated out of the duties derived from im ported goods the sum of $150,000,000 annually, which sum during each fiscal year shall be applied to the payment of the interest and to the reduction ofthe principal ofthe public debt. And the United .States bonds now held as the sinking fund and the United States bonds now held in the Treasury shall be canceled and destroyed, a detailed record thereof being first made in the books of the Treasury Department. And the bonds hereafter purchased under this section shall in like man ner be canceled and destroyed. And a full and detailed account of the application of the money herein appropriated shall be made by the Secre tary of the Treasury to Congress with his an nual report ; and the aggregate amount of the bonds canceled and destroyed shall be stated in the monthly statements of the public debt. Sec. 8. That on and alter the 1st day of Octo ber, 1870, registered bonds of any denomination not less than $1,000, issued under the provisions of this act, and no others, shall be deposited with the Treasurer of the United States aa security for the notea isaued to national banking associations for circulation under an act entitled " An act to provide a national currency secured by a pledge oi United States bonds, and to provide tor the circulation and redemption thereof," approved June 3, 1864; and all national banking associa tions organized under said act, or any amend ment thereof, are hereby required to deposit bonds issued under this act as security for their circu lating notes within one year from the date of the passage of this act, in default of which their right to issue notes for circulation shall be forfeited, and the Treasurer and the Comptroller of the Currency sball be authorized and required to take such rneaaures as may be necessary to call in and destroy their outstanding circulation, and to return the bonds held as security therefor to the association by which they were deposited, in sums of not less than $1,000: Provided, That any such association now in existence may, upon giving thirty days' notice to the Comptroller of the Currency by resolution of its board of direct ors, deposit legal-tender notes with the Treasurer of the United States to the amount of its out standing circulation, and take up the bonds pledged for its redemption : And provided fur ther, That not more than one-third of the bonds deposited by any bank as such security shall be of either of the classes of bonds hereby author ized on which the maximum rate of interest is fixed at four and one-half or five per centum per annum. Sec. 9. That the amount of circulating notes which any bank may receive from the Comptrol ler of the Currency, under the provisions of sec tion 21 of said act, may equal but not exceed eighty per centum of the par value of the bonds deposited, but shall not exceed in the aggregate the amount to which such bank may be entitled under said section. Sec. 10. That any banking association organ ized or to be organized under the national cur rency act and the acts amendatory thereof, may, upon depositing with the Treasurer United States notes to an. amount not less than $100,000, re ceive an equal amount of registered bonds of the United States, of the kind and description pro vided for by section 3 of this act, and may de posit the same as the security for circulating notes, and thereupon such banking association shall be entitled to and shall receive circulating notes upon terms and condition and to the ex- _ tent provided in the said national currency acts, ' and without respect to the limitation of the ag gregate circulation of national currency pre scribed by said acts: Provided, however, That as circulating notes are issued under this section an equal amount of United States notes shall be canceled and destroyed. March 8 — Mr. Davis moved that the bill be recommitted to the Committee on Finance, with instructions to report a bill embodying the fol lowing provisions : First, The reduction of the amount of each outstanding bond of the United States by the difference between the nominal amount thereof and its gold value, or the gold value of the bond of which it is the immediate or remote substitute, at the time of the sale thereof by the Govern ment. Second, By the amount of usury paid by the United States on said bond or any bond or bonds of which it is the immediate or remote substitute. Third, To reduce the rate of interest upon all outstanding bonds to five per centum per annum. Fourth, To tax all dividends received on United States bonds as so much income. Fifth, To reduce the appropriations for the army to the reasonable cost of twenty thousand men, rank and file. 600 POLITICAL MANUAL. Sixth, To reduce the aggregate appropriation for the navy to $20,000,000. Seventh, To reduce the "aggregate appropria tion fpr the civil and diplomatic service of the Government ten per centum. Eighth, To reduce the aggregate amount of internal taxes and duties on imports each thirty- three and one-third per centum. Which was disagreed to without a division. March 9 — Mr. Morrill, of Vermont, moved to amend the 2d section by striking out the words "four-and-a-half" and inaerting the word " five." Which waa disagreed to — yeaa 8, nays 40, as follow : Yeas— Messrs. Bayard, Brownlow, Buckingham, Cas serly, Ferry, Johnston, Morrill of Vermont, Stockton — 8. Nays— Messrs. Boreman. Cameron, Chandler, Cole, Conkling, Corbett, Davis, Drake, Fenton, Fowler, Gil bert, Hamlin, Harris, Howard, Howe, Howell, Kel logg, McCreery, McDonald, Norton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Ross, Schurz, Scott, Sherman, Sumner, Thayer, Tipton, Trumbull, Vickers, Warner, Willey, Williams, Wilson— 40. Mr. Sherman moved to amend the 5th section by striking out, in line 2, the word " may," and inserting "shall;" and in line 3 by striking out theworcr'or," and in lieu thereof inserting, "but the Secretary of the Treasury may, at bis dis cretion, make the coupons of any portion of the bonds provided for by the 3d section of this act payable" — Which was agreed to — yeas 30, nays 10, as follow : Yeas— Messrs. Abbott, Anthony, Bayard, Casserly, Chandler, Cole, Fenton, Gilbert, Hamlin, Harlan, Howe, Howell, Johnston, Morrill of Maine, Morrill of Vermont. Mort"n, Pratt, Ramsey, Revels, "Rice, Ross, Schurz, Sherman, Sumner, Tipton, Trumbull, Vickers, Warner, Williams, Wilson — 30. Nays — Messrs. Buckingham, Cameron, Corbett, Da vis, Fowler, Harris, Howard, Osborn, Sprague, Stock ton— 10. Mr. Corbett moved to strike out the 5th sec tion, which was agreed to — yeas 29, nays 11, as follow : Yeas — Messrs. Bayard, Buckingham, Cameron, Cas serly, Chandler. Cole, Conkling, Corbett, Fenton, Gil bert, Hamlin, Harlan, Harris, Howard, Howe, Howell, Jcmiston, Morrill of Maine, Osborn, Pratt, Ramsey, Ross, ScTiurz, Sprague, Stockton, Sumner, Thurman, Trum bull, Wilson— 29. Nays — Messrs. Abbott, Anthony, Edmunds, Morrill of Vermont. Morton, Rice, Sherman, Tipton, Vickers, Warner, Williams — 11. Mr. Howard moved to amend the 8th section by inserting in the 14th line the following : And any such banking association may, on such terms as may be prescribed by the Secretary of the Treasury and at the market price current in the city of New York, exchange its bonds now deposited as security under said act for bonds issued under this act, for the purpose aforesaid. Which was disagreed to. Mr. Buckingham moved to amend the 8th section, by striking out all after the words " eighteen hundred and sixty-four," which was disagreed to — yeas 15, nays 28, as follow: Yeas— Messrs. Buckingham, Conkling, Corbett, Ed munds, Ferry, Gilbert, Hamlin, Howard, Howe, Mc Donald, Morrill of Maine, Morrill of Vermont, Pome roy, Revels, Scott — 15. Nays — Messrs. Abbott, Bayard, Boreman, Casserly, Chandler, Cole, Drake, Harlan, Howell, Johnston, Kel logg, McCreery, Osborn, Pratt, Ramsey, Rice, Ross, Saw yer, Sherman, Spencer, Stewart, Stockton, Sumner, Thurman, Trumbull, Warner, Willey, Williams, Wil son— 28. Mr. Hamlin moved to amend the 8th section by inserting in line 13, after the word "thereof," the words, "the bonds of which are then redeem able by their terms, and as they shall thereafter become redeemable;" which was disagreed to — yeas 16, nays 28, as follow: Yeas— Messrs. Boreman, Buckingham, Conkling, Corbett, Edmunds, Ferry, Gilbert, Hamlin, Howard, Howe. McDonald, Morrill of Maine, Morrill of Vermont, Pomeroy, Revels, Scott— 16. Nays— Messrs. Abbott, Bayard, Casserly, Chandler,' ' Cole, Drake, Harlan. Howell, Johnston, Kellogg, Mc Creery, Osborn, Pratt, Rice, Ross, Sawyer, Schurz, Sherman, Spencer, Stewart, Stockton, Sumner, Thur man, Trumbull, Warner, Willey, Williams, Wilson— 28. March 11 — Mr. Wilson moved to amend by striking out sections 1, 2, and 3, and inserting in lieu thereof the following: That, for the purpose of reducing the interest on the five-twenty six per centum bonds of the United States, the Secretary of the Treasury be, and he is hereby, authorized to issue, on the credit of the United States, coupon or registered bonds of such denominations, not less than $50, as he may think proper, not exceeding in amount the five-twenty six per centum bonds of the United States, redeemable in coin at the pleasure of the Government, at any time after ten years, and payable at forty years from date, and bearr ing interest at the rate of five per centum per annum,, or at any time after twenty years, and payable at forty years from date, and bearing interest at the rate of four and one-half per centum per annum, or payable at fifty years from date, and bearing interest at the rate of four per centum per annum, payable semi-annually in coin; and the bonds thus authorized may be exchanged for any of the outstanding five-twenty six per centum bonds of an equal aggregate par value, heretofore issued and known as the five- twenty bonds, and for no other purpose; or they may be disposed of at the discretion of the Sec retary, under such regulations as he shall pre scribe, either in the United States or elsewhere, at not less than their par value for coin ; and the proceeds of so much thereof as may be dis posed of for coin shall be placed in the Treasury, to be used for the redemption of such six per centum bonds at par as may not be offered in exchange, or to replace such amount of coin as may have been used for that purpose. which was disagreed to. Mr. Sherman moved to amend by striking out in section 2, line 7, "thirty," and inserting "forty," which was disagreed to. Mr. Morton moved to amend the 2d section by striking out in line 12 the words, "or, at the dis cretion of the Secretary, for United States notes," and by inserting in line 13, before the word "ob ligations," the words "interest-bearing," which was disagreed to — yeas 18, nays 82, as follow: Yeas— Messrs. Boreman, Brownluw, Cole, Fowler, Howe, Howell. Kellogg, McCreery, McDonald, Morton, Pomeroy, Pool, Pratt, Ramsey, Revels, Sprague, Thur man, Tipton — 18. Nays — Messrs. Anthony, Bayard, Buckingham, Cam eron, Casserly, Chandler, Conkling, Corbett, Drake, Fenton, Ferry, Gilbert, Hamlin, Harlan, Harris, How ard, Johnston, Morrill of Vermont, Osborn, Rice, Sawyer, Schurz, Seott, Sherman, Stewart, Stockton, Sumner, Trumbull, Warner, Willey, Williams, Wilson— 32. Mr. Buckingham moved to strike out the 8th section, which was disagreed to — yeas 16, nays 32, as follow : THE FUNDING ACT. 601 Yeas— Messrs. Anthony, Brownlow, Buckingham, Cameron, Conkling, Corbett. Ferry, Hamlin, Howard, Howe, McDonald, Morrill of V ermont, Pomeroy, Ram sey, Scott, Wilson — 16. Hays— Messrs Bayard, Boreman, Casserly, Chandler, Cole, Drake, Fowler, Gilbert, Harlan, Harris, Howell, , Joltnston, Kellogg, McCreery, Osborn, Pool, Pratt, Revels, Rice, Ross, Schurz, Sherman, Stewart, Stockton, Sum- nei, Thayer, Thurman, Tipton, Trumbull, Warner.Wil- ley, Williams— 32. Mr. Howe moved to amend the 10th section by inserting in line 6, after the word "States," "one- third of which shall be," and in line 7 striking out the words "section 3" and inserting "each of the first three sections," which was disagreed to — yeas 16, nays 25, as follow: Yeas— Messrs. Buckingham, Cameron, Corbett, Gil bert, Hamlin, Harlan, Howe, Howell, Morrill of Ver mont, Pomeroy, Ramsey, Revels, Schurz, Scott, Sprague, Trumbull — 16. Nays— Messrs. Bayard, Casserly, Chandler, Cole, Brake, Ferry, Fowler, Harris, Howard, Johnston, Mc Creery, Morton, Osborn, Pratt, Rice, Ross, Sherman, Stewart, Stockton, Sumner, Thu-rman, Warner, Willey, Williams, Wilson— 25. Mr. Boreman moved to amend by striking out in line 2, section 4, the words: "And the an nual mterest thereon." Which was disagreed to — yeas 14, nays 29, as follow : Yeas— Messrs. Bayard, Boreman, Casserly, Cole, Har lan, Johnston, McCreery, Pomeroy, Pratt, Sprague, Stock ton, Thurman, Willey, Wilson — 14. Nays— Messrs. Buckingham, Cameron, Chandler, Corbett, Drake, Fenton, Ferry, Fowler, Gilbert, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Ver mont, Osborn, Ramsey, Revels, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Tipton, Trumbull, Warner, Williams — 29. Mr. Bayard moved to strike out the 4th sec tion, which was disagreed to — yeas 7, nays 38, as follow : Yeas— Messrs Bayard, Boreman, Casserly, Johnston, McOreery, Stockton, Thurman — 7. Nays— Messrs. Buckingham, Cameron, Chandler, Cole, Corbett', Drake, Fenton, Ferry, Fowler, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, Kellogg, McDonald, Morrill of Vermont, Morton, Osborn, Pome roy, Pratt, Ramsey, Revels, Rice, Ross, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Tipton, Trumbull, Warner, Willey, Williams, Wilson— 38. Mr. Cameron moved to amend by inserting at the end of the bill the following : Sec. — . That it shall be the duty of the Secre tary of the Treasury, on the 1st day of July, 1870, to redeem and fund in bonds hereby author ized all the fractional currency of the United States that may be offered for redemption at the Treasury or any of its branches, which he shall at once cause to be canceled ; and it shall not be lawful for him after that date to issue any such paper fractional currency, but he shall make all payments of fractions of the dollar in the legal .coin of the United States. Which was disagreed to — yeas 18, nays 26, as follow : Yeas— Messrs. Bayard, Buckingham, Cameron, Cas serly, Corbett, Hamlin, Harlan, Howard, Johnston, Kel logg, Morrill of Vermont, Pomeroy, Scott, Stockton, Sumner, Thurman, Trumbull, Wilson— 18. Nays— Messrs. Boreman, Chandler, Cole, Drake, Fen- tern, Ferry, Fowler, Gilbert, Harris, Howell, McCreery, McDonald, Morton, Osborn, Pratt, Ramsey, Revels, Ross, Sawyer, Schurz, Sherman, Stewart, Tipton, War ner, Willey, Williams— 26. _ Mr. Wilson moved to amend by inserting in line 8, section 6, after the word "exceeding," the words "one-half of ;" which was agreed to — yeas 23, nays 20, as follow : YEAS-Messrs. Boreman, Buckingham, Casserly, Cole, ?™r m tkFerriP^?wle!'',II,?rian' Harris. Howellf.W Um. McCreery, McDonald, Pratt, Ross, Sawyer, Schurz Saott, bprague, Sumner, Thayer, Tipton, Wilson— 23. Nays— Messrs. Chandler, Conkling, Drake, Edmunds, Fenton, Gilbert, Hamlin, Howard, Kellogg. Morrill of Vermont, Osborn, Pomeroy, Ramsey, Bevels, Rice Sherman, Stewart, Warner, Willey, Williams— 20. Mr. Stewart moved to amend the 9th section by striking out the word "eighty" and inserting the word "ninety;" which waa disagreed to— yeas 12, nays 30, as follow : Yeas— Messrs. Boreman, Cole, Fenton, Fowler, Mor ton, Pomeroy, Ramsey, Ross, Scott, Sprague, Stewart, Warner— 12. Nays — Messrs. Buckingham, Casserly, Chandler, Conkling, Corbett, Drake, Edmunds, Ferry, Hamlin, Harlan, Harris, Howard, Howell, Johnston, Kellogg McOreery, McDonald, Morrill of Vermont, Osborn, Pratt, Revels, Rice, Sawyer, Schurz, Sherman, Sumner, Thay er, Tipton, Willey, Williams— 30. _ Mr. Morton moved to strike out the 10th sec tion; which was disagreed to — yeas 12, nays 29, as follow : Yeas— Messrs. Boreman, Cole, Fowler, Howell, Johns ton, McCreery, Morton, Ramsey, Revels, Rice, Ross, Sprague— 12. Nays— Messrs. Buckingham, Chandler, Conkling, Corbett, Drake, Edmunds, Fenton, Ferry, Hamlin, Harlan, Harris, Kellogg, McDonald, Morrill of Ver mont, Osborn, Pomeroy, Sawyer, Sahurz, Scott, Sher man, Spencer, Stewart, Sumner, Thayer, Tipton, War ner, Willey, Williams, Wilson— 29. The bill then passed — yeas 32, nays 10, as fol low: Yeas— Messrs. Chandler, Cole, Conkling, Edmunds, Fenton, Ferry, Fowler, Gilbert, Harlan, Harris, How ard, Howell, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Revels, Rice, Sawyer, Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tipton, Warner, Williams, Wilson— 32. Nays — Messrs. Bayard, Boreman, Buckingham, c-os- serly, Corbett, McCreery, McDonald, Sprague, Stockton, Thurman — 10. In House op Representatives. 1870, June 6— Mr. Schenck, from the Com mittee of Ways and Means, reported the follow ing as a substitute for the Senate bill: That the Secretary of the Treasury is hereby authorized to issue, in a sum or sums not exceedf- ing in the aggregate $1,000,000,000, coupon or regiatered bonds of the United States, in such form as he may prescribe, and of denominations of $50 or some multiple of that sum, redeemable in coin of the present standard value at the pleas ure of the United States after thirty years from the date of their issue, and bearing interest pay able semi-annually in such coin at the rate of four per centum per annum, which said bonds and the interest, thereon shall be exempt from the payment of all taxes or duties of the United States as well as from taxation in any form by or under State, municipal, or local authority; and the said bonds shall have set forth and ex pressed upon their face the above specified con ditions, and shall, with their coupons, be made payable at the Treasury of the United States. But nothing in this act, or in any other law now in force, shall be construed to authorize any in crease whatever of the bonded debt of the United States. Sec. 2. That the Secretary of the Treasury is hereby authorized to sell and dispose of any of the bonds issued under this act at not less than their par value for coin, and fc> apply tho pro ceeds thereof to the redemption of any of the bonds of the United States outstanding and 602 POLITICAL MANUAL. known, as five-twenty bonds at their par value, or he may exchange the same for such five- twenty bonds, par for par ; but the bonds hereby author ized shall be uBed for no other purpose whatso ever. Seo. 3. That the payment of any of the bonds hereby authorized after the expiration of the Baid term of thirty years shall be made in amounts to be determined from time to time by the Secre tary of the Treasury at his diacretion, and by classes to be distinguished and' described by the dates and numbers, beginning for each successive payment with the bonds last dated and numbered, of the time of which intended payment or redemp tion the Secretary of the Treasury shall give public notice, and the interest on the particular bonds so selected at any time to be paid shall cease at the expiration of three months from the date of auch notice. Sec. 4., That the Secretary of the Treasury is hereby authorized and instructed, with any coin in the Treasury of the United States which in his opinion and discretion can be conveniently applied to that purpose, to pay at par and can cel any six per cent, bonds of the United States of the kind known as five-twenty bonds which have become or shall hereafter become redeem able by the terms of their issue. But the parti cular bonds so to be paid and canceled shall in all cases be indicated and specified by class, date, and number, in the order of their numbers and issue, beginning with the first numbered and issued, in public notice to be given by the Secretary of the Treasury, and in three months after the date of such public notice the interest on the bonds so selected and advertiaed to be paid shall cease. But it shall be competent for the holders and owners of any said bonds so specified for pay ment to exchange the same for bonds issued under the authority of this act at any time before the end of the notice provided for in the 2d section of this act. Sec. 5. That the Secretary of the Treasury is hereby authorized to receive gold coin of the United States or bullion on deposit for not less than thirty days, in sums of not less than $100, with the Treasurer or any assistant treasurer of tbe United States authorized by the Secretary of the Treasury to receive the same, who shall issue therefor certificates of deposit made in such form aa the Secretary of the Treasury shall prescribe, and said certificates of deposit shall bear interest at a rate not exceeding three per centum per an num ; and any amount of gold coin or bullion so deposited maybe withdrawn from deposit at any time after thirty days from the date of deposit, and after ten days' notice and on the return of said certificates: Provided, That the interest on all Buch deposits shall cease and determine at the pleasure of the Secretary of the Treaaury. And not less than twenty-five per centum ofthe coin and bullion deposited for or represented by said certificates of deposits shall be retained in the Treasury for the payment of said certificates ; and the excess beyond twenty-five per centum may be applied, at the discretion of the Secretary of the Treasury, to the payment or redemption of such outstanding bonds of the United States, hereto fore issued and known as the five-twenty bonds, as he may designate under the provisions of the 4th section of tms act ; and any certificates of deposit issued as aforesaid may be received, at par, with the interest accrued thereon, in pay ment for any bonds authorized to be issued by this act. Sec. 6. That the United States bonds pui chased and now held in the Treasury, in accordance with the provisions, relating to a sinking fund, of sec tion 5 of the act entitled "An act to authorize the issue of United States notes and for the re demption or funding thereof and for funding the floating debt of the United States," approved February 25, 1862, and all other United States bonds which have been purchased by the Secre tary of the Treasury with surplus funds . in the Treasury and now held in the Treasury of the United States, shall be canceled and destroyed, a detailed record of such bonds so canceled and destroyed to be first made in the books of the Treasury Department. Any bonds hereafter ap plied to said sinking fund, and all other United States bonds redeemed or paid hereafter by the United States, shall also in like manner be can celed and destroyed; and the amount of the bonds of each class that have been canceled and destroyed sball be deducted respectively from the amount of each class of the outstanding debt of the United States. In addition to other amounts that may be applied to the redemption or pay ment of the public debt, an amount equal to the interest on all bonds belonging to the aforesaid sinking fund shall be applied, as the Secretary. of the Treasury shall from time to time direct, to the payment of the public debt, as provided for in section 5 of the act aforesaid.- June 30 — Mr. Blair moved to insert in the 1st section, before the last sentence, as follows: And the amount of interest specified in each coupon shall be expressed in dollars, and the equivalent thereof in English sterling currency and in francs. Which was disagreed to. Mr. Mayham moved to strike out of the 1st section the words "of the United States, as well as from taxation ;" so that portion of the section would read as follows : Which said bonds and the interest thereon shall be exempt from the payment of all taxes or duties, in any form, by or under State, municipal, or local authority, &c. Which was disagreed to — ye,as 25, nays 97, on a division. Mr. Ingersoll moved to amend the 1st section by striking out the words " in coin of the present standard of value," and the words "such coin," and inserting in lieu the words "lawful money of the United States ;" which was disagreed to. Mr. Marshall moved to amend the clause fix ing the time these bonds shall run, by making it "twenty" instead of " thirty " years; which was disagreed to — yeas 22, nays 85, on a division. Mr. Coburn moved to make the time fifty years ; which was disagreed to. Mr. Holman moved to add to the 1st section the following-. Provided, That no agent or agents shall be em ployed in the United States or elsewhere for. the sale or exchange of such bonds. Which was disagreed to — yeas 36, nays 87, on a division. THE FUNDING ACT. 603 Mr. Wood moved to amend the 2d section by adding to it as follows : But nothing in this act shall authorize the Secretary of the Treasury to allow or payany commission or percentage for the sale of the bonds so issued, or any part thereof. Mr. Ingersoll moved to amend this amendment by inserting before the words "sale of the bonds" the, words "transfer, exchange, or" which Mr. Wood accepted. Mr. Wood's amendment was then disagreed to — yeas 57, nays 102, as follow : Yeas— Messrs. Ambler, Barnum, Beck, Biggs, Bird, James Brooks, Burchard, Calkin, Cleveland,A.ma,sei Cobb, Osx, Orebs, Degener, Eldridge, Farnsworth, Ferriss, Getz, Oriswold, Hamill, Hawkins, Hay, Holman, Ingersoll, Thomas L. Jones, Kelley, Kerr, Knott, Lewis, Logan, May ham, McCormick, McGrew, Niblack, Packer, Randall, Beeves, Rice, Rogers, Shanks, Slierrad, Shober, Slocum, Joseph S. Smith, William J Smith, Stiles, Sweeney, Taffe, Trimble, Van Trump, Van Wyek, Voorhees, Ward, Wells, Williams, Winchester, Wood, Woodward— 57. Nays— Messrs. Allison, Ames, Armstrong, Arnell, As per, Atwood, Ayer, Bailey, Banks, Beatty, Benjamin, Benton, Bingham, Blair, Boles, Booker, Boyd, Buck, Buckley, Buffinton, Benjamin F. Butler, Roderick R. Butler, Cessna, Churchill, Sidney Clarke, Clinton L. Cobb, Coburn, Cong«r, Covode, Cullom, Davis, Dawes, Dockery, Donley, Ela, Finkelnburg, Fisher, Fitch, Hale, Bill, Hoar, Hooper, Jenckes, Judd, Julian, Kel- logg.Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Loughridge, Marshall, McCarthy, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Paniel J. Morrell, Myers, Negley, O'Neill, Orth, Paine, Peek, Peters, Phelps, Poland, Porter, Prosser, Roots, Sargent, Sawyer, Schenck, Scofield, Lionel A. Sheldon, John A. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stokes, Stoughton, Strickland, Strong, Tanner, Taylor, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Wallace, Welker, Wheeler, Whitmore, Wilkinson, Willard, John T. Wilson— 102. July 1 — Mr. Schenck, from the Committee of Ways and Means, moved to amend the 4th sec tion by striking out the words "in the order of their numbers and issue, beginning with the first numbered and issued." Which was agreed to. Mr. Holman moved to amend the 4th section by striking out the words "coin in the Treasury ofthe United States," and inserting in lieu thereof the words "United States notes in the Treasury of the United States arising from the sale of bonds authorized to be issued by this act, or other such notes in the Treasury." Which was disagreed to — yeas 41, nays 127, as follow: Yeas— Messrs. Adams, Beatty, Bird, Burr, Cleveland, Coburn, Crebs, Dicleinson, Dockery, Dox, Eldridge, Getz, Griswold, Hamill, Holman, Thomas L. Jones, Kerr, Knott, Lewis, Marshall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, Orth, Reeves, Rice, Rogers, Shober, Joseph S. Smith, Stiles, Sweeney, Trimble, Tyner, Van Trump, Voorhees, Wells, Winchester, Woodward — 41. ;.*,t!ays — Messrs. Allison, Ambler, Ames, Archer, Arm strong, Arnell, Asper, Atwood, Axtell, Ayer, Bailey, Bprnum, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, James Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Cessna, Churchill, William T. Clark.Amasa Cobb, Conger, Cul lom, Davis, Dawes, Degener, Dickey, Donley, Dyer, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Hale, Har ris, Hawley, Hay, Hays, Heflin, Hill, Hoar, HooDer, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Law rence, Logan, Loughridge, Maynard, McCarthy, McCra ry, McGrew, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore. Morphis, Daniel J. Morrell, Myers, O'Neill, Packard, Packer, Paine, Palmer, Peek, Peters, Poland, Pomeroy, Porter, Prosser, Randall, Boots, Sanford, Sargent, Sawyer. Schenck, Scofield, Lioih* A. Sheldon, Slocum, John A. Smith, William J. Smith, Worthington C.Smith, William Smyth, Stevens, Stevenson, Stokes, Stone, Stoughton, Strickland, Smum, Taffe, Tanner, Taylor, Tillman, Townsend, Twichell, Upson, Van Horn, Van Wyek, Wallace, Wel ker, Wheeler, Whitmore, Wilkinson, Willard, Williams. Winans— 127. Mr. Judd moved to strike out from the 4th section the following words : " which in his opin ion and discretion can be conveniently applied to that purpose," and insert the following words : "which may be derived from the sale of any of the bonds the issue of which is provided for in this act." Mr. Schenck moved to amend this amendment by adding the words "or which he may law fully apply to such purpose," which was agreed to. Mr. Judd's amendment was then agreed to. Mr. B. F. Butler moved to amend the 4th sec tion by adding to it the following: But none oi said interest-bearing obligations not already due shall be redeemed or paid before maturity, unless at such time United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practicable period for the redemption of the United States notes in coin. Which was disagreed to — yeas 54, nays 98, as follow : Yeas — Messrs. Allison, Ambler, Armstrong, Bennett, Boles, George M. Brooks, Burchard, Benjamin F. But ler, Cessna.Amasa Cobb, Coburn, Cullom, Dickey, Dick inson, Dookery, Dox, Dyer, Ferry, Finkelnburg, Fitch, Griswold, Hale, Hawkins, Hawley, Hay, Heflin, Hoar, Judd, Kelsey, Loughridge, McCormick, McCrary, Mer cur, Jesse H. Moore, Orth, Packard, Packer, Paine, Po land, Pomeroy, Rogers, Shanks, Lionel A. Sheldon, Sho ber, John A. Smith, Worthington C. Smith, William Smyth, Stevenson, Stokes, Tyner, Wallace, Williams, John T. Wilson,^ Woodward— 54. Nays — Messrs. Adams, Ames. Archer, Asper, Axtell, Ayer, Bailey, Beaman, Benjamin, Benton, Bingham, Bird, Blair, Booker, Boyd, James Brooks, Buck, Buckley, Buffinton, Burdett, Burr, Roderick R. Butler, Calkin, William T. Clark, Clinton L. Cobb, Conger, Cook, Cox, Crebs, Davis, Donley, Ferriss, Fisher, Getz, HamiU, Harris, Hill, Holman, Hooper, Ingersoll, Jenckes, Thomas L. Jones, Julian, Kelley, Ketcham, Knapp, Knott, Laflin, Lash, Lawrence, Maynard, McCarthy, McGrew, McKenzie, William Moore, Daniel J. Morrell, Morrissey, Mungen, Myers, Negley, Niblack, O'Neill, Peck, Peters, Phelps, Prosser, RandaU, Reeves, Rice, Sanford, Sawyer, Schenck, Schumaker, Scofield, Slocum, Joseph S. Smith, William J. Smith, Stevens, Stiles, Stone, Stoughton, Strickland, Swann, Sweeney, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Upson, Welker, Wheeler, Whitmore, Willard, Winans, Win chester— 98. Mr. Griswold moved to strike out the 4th sec tion ; which was disagreed to. Mr. Mungen moved to add to the 4th section the following: Provided further, That nothing in this act contained shall be construed to operate in conflict with the act of February 25, 1862, authoriz ing the issue of United States notes, bonds, &c. Which was disagreed to. Mr.' Davis moved to amend the 5th section by inserting after the word "bullion," the words "assayed and stamped under the laws of the United States," which was agreed to. Mr. Davis also moved to reduce the mterest on gold depos its from three per cent, to two per cent. ; which was disagreed to. Mr. Townsend moved to add to the 5th section the following: Provided, That if on a demand for , payment of any of said certificates in coin there should not be sufficient gold coin in the Treasury- arising under this act, then it shall be lawful for the Secretary of the Treasury to appropriate any 604 POLITICAL MANUAL. other gold coin in the Treasury in payment of said certificates. Which was disagreed to. Mr. Ingersoll moved to add the following: That from and after the passage of this act it shall not be lawful for the Secretary of the Trea sury to sell any gold coin on account of the United States ; which was disagreed to. Mr. Maynard moved to amend section 6 by inserting after the word " Department" the words " and a statement of the sinking fund shall be kept, so as to show the principal of the fund, with the current interest, as it would be if the bonds composing the said fund were kept to represent it." Which was disagreed to. Mr. Davis moved to add at the end of the bill the following sections : 'Sec. 7. That the Secretary of the Treasury ia hereby authorized and directed to isaue registered bonds of the United States, in such form and of such denominations, of not less than fifty dollars and multiples thereof, as he shall think proper, payable in thirty years from date in gold, bear ing interest at four per cent., payable semi annually in gold, and free from all excise and taxation whatever, either on such bonds or the income derived therefrom, and redeemable in gold at the option of the United States after ten years, upon six months' public notice, which said bonds shall be known as the convertible bonds of the United States ; and such bonds shall ex press on their face that they are convertible at anytime into legal- tender notes. Sec. 8. That whenever any person shall pay any legal-tender notes of the United States at the Treasury or at any assistant treasury of the United States, to the amount of fifty dollars or any multiple thereof, for that purpose he shall receive at par value an equal amount of such convertible bonds, and whoever shall present one or more of said convertible bands at the Treasury or at any asaistant treasury of the United States, or at any public depository of the moneys of the United States which the Secretary of the Treas ury shall have designated for that purpose, and demand ademption thereof, at any time before the maturity thereof, he shall receive the face of hia bond or bonds in legal-tender notes at par 7alue, and the accrued interest remaining unpaid up to the date of such demand in gold; and such bonds shall be immediately canceled and returned to the Treasurer of the United States as vouchers of the amount paid thereon. Sec. 9. That the Secretary of the Treasury shall, as soon aa practicable after receiving the same, use or invest at least eighty per cent., and as much more as he shall deem expedient, of all legal-tender notes received for such bonds, in buying up or redeeming the six per cent, gold intereat bonds of the United States. And he shall have authority to make such regulationa as h'e shall deem needful to carry the provisions of this act into effect. Which was disagreed to. The substitute was then agreed to and the bill passed — yeas 129, nays 42, as follow: Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Axtell, Ayer, Bailey, Barnum, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Buf finton, Burchard, Burdett, Roderick R. Butler, fjessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cullom, Dawes, Degener, Dickey, Dockery, Donley, Ela, Fer riss, Ferry, Finkelnburg, Fisher, Fitch, Hale, Harris, Hawley, Hay, Hill, Hoar, Hooper, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch am, Knapp, Laflin, Lash. Lawrenc, Logan, Lough ridge, Maynard, McCarthy, McGrew, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore Morphis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peek. Perce Peters, Phelps, Porter, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Schumaker, Scofield, Shanks, Por ter Sheldon, Slocum, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stone, Stough ton, Strieklan d, Strong, Taffe, Tanner, Taylor. Tillman, Townsend. Twichell, Tyner, Upson, Van Horn, Var Wyek; Wallace, Cadwalader C.Washburn, Welker, Writs, Whitmore, Willard, Williams, John T. Wilson — 129. Nays — Messrs. Adams, Archer, Beatty, Beck, Bird, Cal kin, Cleveland, Crebs, Davis, Dox, Eldridge, Getz, Griswold, Hamill, Hawkins, Ingersoll, Johnson, Thomas L. Jones Kerr. Knott, Lewis. Marshall. Mayham, McNeely, Morgan, Mungen, Niblack, Randall, Reeves, Rice, Slierrod, Shober Stevenson, Stiles, Sweeney, Trimble, Van Trump, Voorhees, Eugene M. Wilson, Winchester, Wood, Woodward— 42. The Senate refused to concur in the amend ments of the House, and asked and obtained a conference. The committee was composed of Messrs. Sherman, Sumner, and Davis, on the part of the Senate, and Messrs. Schenck, Hooper, and Marshall, on the part of the House. July 12 — The committee reported a bill pre cisely similar to that which finally passed, with' the addition of the following section : Sec. 7. That from and after the passage of this act the Treasurer of the United States shall re ceive no other than registered bonds issued under the provisions of this act as security for the circu lating notes of national banking associations is sued under the act entitled "An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864, or any act supplementary or amendatory thereof. Which report was rejected by the House — yeas 88, nays 103, as follow. Yeas — Messrs. Ambler, Ames, Armstrong, Atwood, Ayer, Bailey, Banks, Bennett, Benton, Bingham, Boles, G. M. Brooks, Buffinton, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Conger, Covode, Cowles, Davis, Dawes, Dixon, Donley, Duval, Ela, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Gilfillan, Hoar, Hooper, Jenckes, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lawrence, Lynch, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Myers, Negley, O'Neill, Orth, Packard, Peck, Peters, Phelps, Poland, Roots, San ford, Sargent, Sawyer, Schenck, Scofield, Shanks, Porter Sheldon, John A. Smith, William J. Smith, Wil- • liam Smyth, Starkweather, Stevens, Stokes, Stoughton, Strickland. Strong. Tanner, Taylor, Twichell. Upson, Cadwalader C. Washburn, William B. Washburn, Wel ker, Wheeler, Willard, Williams — 88. Nays— Messrs. Adams, Allison, Archer, Asper, Axtell, Barnum, Barry, Beatty, Beck, Benjamin, Biggs, Bird, Blair, Booker, Boyd. James Brooks, Buckley, Burchard, Burr, Calkin, William T. Clark, Sidney Clarke. Cleve land, Amasa Cobb, Coburn, Conner, Cox, Crebs, Cullom, Darrall. Dickinson. Eldridge. Fox. Garfield. Getz, Gris wold. Haight, Haldeman, Hambleton, Hamill, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Holman, Inger- soll, Johnson. Thomas L.Jones, judd, Kerr, Knott, Lash, Lewis, Loughridge, MarshaU. Mayham, McCormick, Mc Kenzie, McNeely, Jesse H. Moore, Morgan, Morphis, Daniel J. Morrell. Mungen, Niblack, Packer, Paine, Palmer, Platt, Pomeroy, Potter, RandaU, Reeves, Riee, Rogers, Schumaker. Lionel A. Sheldon, Sherrod, Slocum, Joseph S. Smith. Worthington C. Smith, Stiles, Stone, Swann, Taffe, Townsend, Trimble, Tyner, Van AiUren, Van Horn. Van Trump, Van Wyek, Voorhees. Whitmore, Wilkinson, Eugene M. Wilson, John T. Wilson", Win chester, Witcher, Wood, Woodward— 103. The same committee was appointed on the second conference, and the bill, as finally passed and printed above, was agreed to. LIX. INTERNAL TAX AND TARIFF. In House op Representatives. 1870, May 27— Mr. Schenck, from the Com mittee of Ways and Means, reported " A bill to reduce internal taxes and for other purposes," which, he stated, reduced taxation about $34,- 000,000. Among other things, it provided for an income tax of five per cent, on all incomes over $1,500. June 1 — Mr. Cox moved to reduce the tax from five to three per cent. Which was agreed to — yeas 114, nays 76, as follow : Yeas— Messrs. Allison, Ames, Archer, Armstrong, Ax tell, Ayer, Banks, Barry, Beck, Bennett, Biggs, Bingham, Bird, Bowen, George M. Brooks, James Brooks, Buffin ton, Burr, Sidney Clarke, Cleveland, Covode, Cowles, Davis, Dawes, Deweese, Degener, Dickinson, Donley, Dox, Duval, Eldridge, Ferriss, Finkelnburg, Fisher, Fitch, Fox, Getz, Gilfillan, Griswold. Haight, Hambleton, Hamill, Hamilton, Harris, Heflin, Hill, Hoar, Holman, JBooper, Hotchidss, Jenckes, Johnson, Judd, Kelley, Kellogg, Kerr, Ketcham, Knapp, Laflin, Lawrence, Lynch, Mayham, McCarthy, McGrew, McKenzie, Mc Neely, milnes, William Moore, Morgan, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, Orth, Packer, Perce, Peters, Porter, Potter, Prosser, 'Randall, Reeves, Ridgway, Sargent, Sawyer, Scofield, Por ter Sheldon, Slocum, Joseph S. Smith, Worthington C. Smith, Starkweather, Stevenson, Stiles, Stone, Strader, Strong, Swann, Sweeney, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, William B. Washburn, Wel ker, WeUs, Wheeler, John T. Wilson, Winans, Win chester, Wood— 114. Nays— Messrs. Ambler, Arnell, Asper, Atwood, Bailey, Beaman, Beatty, Benjamin, Benton, Blair, Boles, Booker, Boyd, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, William T. Clark, Amasa Cobb, Co- burn, Cook, Conger, Crebs, Cullom, Dockery, Ela, Farns- ' worth, Garfield, Gibson, Hale, Hawkins, Hay, Hays, Ingersoll, Alexander H. Jones, Kelsey, Lash, Lewis, Logan, Loughridge, Marshall, Maynard, McCormick, McCrary, Mercur, Eliakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Packard, Paine, Peck, Phelps, Pomeroy, Rice, Roots, Schenck, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, William Smyth, Stokes. Stoughton, Strickland, Till man, Tyner, Van Auken, Van Horn, Wallace, Ward, Wil kinson, Willard, Williams, Eugene M. Wilson, Witcher— 76. Mr. Hawley moved to amend by raising the amount exempted to $2,500. Which amount Mr. Hale moved to reduce to $2,000; which was agreed to. Mr. Hawley's amendment as amended was then agreed to — yeas 138, nays 52, as follow : Yeah— Messrs. Allison, Archer, Armstrong, Atwood, ix teU^ Ayer, Bailey, Banks, Barry, Beaman, Beck, Ben nett, Biggs, Bird, Boles, Bowen, George M. Brooks, James Brooks, Buffinton, Burchard, Burr, William T. Clark, Sidney Clarke, Cleveland, Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, Dickinson, Dockery, Don ley, Dox, Duval, Eldridge, Farnsworth, Ferriss, Fisher, -Eitch, Fox, Getz, Gibson, Gilfillan, Griswold, Haight, Hale, -Hambleton, Hamill, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Hoar, Holman, Hooper, Hotchkiss, Ingersoll, Jenckes, Johnson, Judd, Kelley, Kellogg, Kerr, Ketcham, Laflin, Logan, Lynch, Marshall, May ham, McCarthy, McGrew, McKenzie, McNeely, Mercur, Mines, Jesse H. Moore, William Moore, Morgan, Mor rissey. Myers, Newsham, Niblack, O'Neill, Orth, Pack ard, Packer, Peck, Perce, Peters, Phelps, Platt, Pome roy, Porter, Potter, Prosser, Randall, Reeves, Ridgway, Sargent, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, Sherrod, Slocum, John A. Smith, Joseph S. Smith, W. C. Smith, Starkweather. Stevenson, Stiles, Stokes, Stone, Stoughton, Strader, Strickland, Strong, Swann, Sweeney, Tanner, Tillman, Townsend, Trimble Twichell, Upson, Van Auken, William B. Washburn, Wells, Wheeler, Winans, Winchester, Wood, Woodward— 138. NAYSr-Messrs. Ambler, Ames, Arnell, Asper, Beatty, Benjamin, Benton, Bingham, Blair, Boyd, Burdett, Benjamin F. Butler, Roderick R. Butler, Amasa Cobb, Coburn, Crebs, Dyer, Ela, Finkelnburg. Garfield, Alex ander H. Jones, Kelsey, Knapp, Knott, Lash, Lewis, Loughridge, Maynard, McCormick, McCrary, Eliakim H. Moore, Samuel P. Morrill, Paine, Mice, Roots, Schenck, Schumaker, William J. Smith, William Smyth, Taffe, Taylor, Tyner, Van Horn, Wallace, Ward, Wel ker, Wilkinson, Willard, Williams, Eugene M. Wilson, John T. Wilson, Witcher— 51. Mr. Potter moved to amend by adding the fol lowing proviso : Provided, That the tax imposed by this section shall not continue or be collected after the ex piration of the year 1870. Which was disagreed to — yeas 72, nays 107, as follow : Yeas — Messrs. Ames, Archer Armstrong, Banks, Ben nett, Biggs, Bird, Bowen, Buffinton, Burr, Benjamin F. Butler, Cleveland, Covode, Cowles, Crebs, Davis, Dickinson, Dox, Eldridge, Fisher, Fitch, Fox, Garfield, Getz, Gibson, Haight, Hamill, Hill, Hotchkiss, Johnson, Kelley, Kel logg, Laflin, Lynch, Mayham, McCarthy, McKenzie, McNeely, Milnes, William Moore, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham,' Niblack, O'Neill, Packer, Paine, Phelps, Platt, Potter, Randall, Reeves, Sargent, Schumaker, Slocum, Joseph S. Smith, Stark weather, Stevenson, Stiles, Stone. Strader. Strong, Swann, Sweeney, Taylor, Trimble, Upson, Whitmore, Wood, Woodward — 72. Nays— Messrs. Allison, Ambler, Arnell, Asper, At wood, Ayer, Bailey, Barry, Beaman, Beatty, Benjamin, Benton, Bingham, Blair, Boles. Booker, Boyd, George M. Brooks, Burchard. Burdett, Roderick R. Butler, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cullom, Dixon, Dockery, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, Finkelnburg, Gilfillan, Hale, Hambleton, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hoar, Holman, Hooper, Ingersoll, Alex ander H. Jones, Judd. Kelsey, Kerr, Knott, Lash, Law rence, Lewis, Loughridge, Marshall, Maynard, McCor mick, MeCrary, McGrew, Mercur. Eliakim H. Moore, Jesse H. Moore, Morphis, Samuel P. Morrill, Orth, Packard, Peck, Perce, Peters, Rice, Ridgway, Roots, Sawyer, Schenck, Scofield, Lionel A. Sheldon, Sherrod, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Stokes, Stoughton, Strickland, Taffe, Tanner, Townsend, Twichell, Tyner, Van Auken, Van Horn, Wallace, Ward, William B. Washburn, Welker, Wheeler, Wilkinson, Williams, Eugene M. Wil son, John T. Wilson, Winans, Witcher— 107. Mr. Woodward moved'to strike out all of sec tion 35, levying the income tax, and insert the following : That there shall be levied a tax at the rate of five per cent, per annum upon the interest of interest-bearing bonds issued or to be issued by the Government of the United States, to be de ducted and retained from the payments of inter est upon said bonds, under regulations to be prescribed by the Secretary of the Treasury. Which was disagreed to. Mr. Holman moved to add the following : And a tax of ten per centum per annum on the interest and income accruing from all bonds, notes, and other securities of the United States, the same to be deducted and withheld from such 605 606 POLITICAL MANUAL. interest at the time of the payment thereof by the Treasurer of the United States. Which was disagreed to — yeas 46, nays 135, as follow : , Yeas — Messrs. Adams, Axtell, Ayer, Beck, Biggs, Bird, Booker, Burr, Cleveland, Crebs, Dickinson, Dox, Farns worth, Getz, Gibson, Hambleton, HamiU, Heflin, Holman, Johnson, Kerr, Knott, Lewis, McCormick, McNeely, Milnes, Morgan, Morrissey, Niblack, Potter, Randall, Reeves, Rice, Ridgway. Sherrod, Stiles, Stone, Strader, Sweeney, Trimble, Van Auken, Eugene M.Wilson, Winchester, Witcher, Wood, Woodward— 46'. Nays— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Benton, Bingham, Blair, Boyd, George M. Brooks, James Brooks, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Wil liam T. Clark, Sidney Clarke, Coburn, Cook, Conger, Co vode, Cowles, Cullom, Davis, Dawes, Degener, Dockery, Donley, Duval, Dyer, Ferriss, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Haight, Hale, Hamilton, Har ris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotch kiss, Ingersoll, Jenckes, Alexander H. Jone^*, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin.Lash, Lawrence, Logan, Loughridge, Lynch, Maynard, Mc Carthy, McCrary, McGrew, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Orth^Packard, Packer, Paine, Peek, Perce, Peters, Phelps, Pomeroy, Prosser, Roots, Sar gent, Sawyer, Schenck, Schumaker, Scofield, Lionel A. Sheldon, Porter Sheldon, Slocum, John A. Smith, Wil liam J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stokes, Stoughton, Strick land, Strong, Taffe, Tanner, Taylor, Tillman, Town- send, Twichell, Tyner, Upson, Van Horn, Wallace, Ward, William1 B. Washburn, Welker, Wheeler, Whit more, Wilkinson, Willard, Williams, John T. Wilson, Winans — 135. Mr. McCarthy moved to strike out all the sec tions relating to income tax ; which was disagreed to — yeas 61, nays 122, as follow: Yeas — Messrs. Archer, Axtell, .Bennett, Biggs, Bird, Bowen, Buffinton, Burr, Cleveland, Covode, Cowles, Crebs, Davis, Dickinson, Fitch, Fox, Garfield, Getz, Haight, Hamill, Hill, Hooper, Hotchkiss, Jenckes, Johnson, Kelley, Kellogg, Ketcham, Laflin, Lynch, Mayham, McCarthy, Milnes, Jesse H. Moore, William Moore, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, Paine, Potter, Randall, Reeves, Ridgway, Sargent, Schumaker, Slocum, Joseph S. Smith, Starkweather, Stevenson, Stiles, Strong, Swann, Taylor, Trimble, Twichell, Upson, Wood — 61. Nays— Messrs. Allison, Ambler, Armstrong, Arnell, Asper, Atwood, Baily, Barry, Beaman, Beatty, Beck, Benjamin, Benton, Bingham, Blair, Boles, Booker, . Boyd, Geo. M. Brooks, Burchard, Burdett, Roderick R. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, Cullom, Dawes, Degener, Dockery, Donley, Dox, Duval, Dyer, Ela, Eldridge, Farnsworth, Ferriss, Finkelnburg, Fisher, Gibson, Gilfillan, Hale, Hambleton, Hamilton, Hawkins, Haw ley, Hay, Hays, Heflin, Hoar, Holman, Ingersoll, Alex ander H. Jones, Judd, Kelsey, Kerr, Knapp, Knott, Lash, Lawrence, Lewis, Logan, Loughridge, Marshall, Maynard, McCormick, McCrary, McGrew, McKenzie, McNeely, Mercur, Eliakim H. Moore, Morgan, Morphis, Samuel P. Morrill, Orth, Packard, Packer, Peck, Peree. Peters, Phelps, Platt, Pomeroy, Porter, Prosser, Rice, Roots, Sawyer, Schenck, Scofield, Lionel A.Shel don, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Stokes, Stone, Stoughton, Strickland, Sweeney, Taffe, Tanner, Tillman. Townsend, Tyner, Van Auken, Wallace, Ward, William B. Washburn, Wheeler, Whitmore, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward— 122. Mr. Beck moved to amend by levying a tax of five per cent, on the interest or coupons of all bonds or evidences of debt, including United States bonds; which was disagreed to — yeas 78, nays 111, as follow: Yeas— Messrs. Adams, Archer, Axtell, Beck, Benjamin, Biggs, Bird, Booker, James Brooks, Burr, Benjamin F. Bmler, Cleveland, Amasa Cobb, Coburn, Crebs, Cullom, Dickinson, Dockery, Dox, Dyer, Ela, Eldridge, Farns worth, Fitch, Fox, Getz, Gibson, Griswold, Haight, Hal deman, Hambleton, Hamill, Hamilton, Hawkins, Hay, Hays, Heflin, Holman, Ingersoll, Johnson, Alexander H. Jones, Kerr, Knott, Lewis, Logan, Marshall, Mayham, McCormick, McNeely, Milnes, Jesse H. Moore, Morgan, Morrissey, Niblack, Orth, Potter, Randall, Reeves, Rice, Sargent, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Stiles, Stokes, Strader, Sweeney, Trimble, Tyner, Van Au ken, Wells, Whitmore, Eugene M. Wilson, John T. Wil son, Winchester, Witcher, Wood, Woodward— IS. Nays — Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Ayer, Bailey, Banks, Barry, Bea man, Beatty, Bennett, Benton, Bingham, Blair, Bowen, Boyd, George M. Brooks, Buffinton, Burchard, Burdett, Roderick R. Butler, Sidney Clarke, Conger, Covode, Cowles, Davis, Dawes, Degener, Donley, Duval, Fer riss, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Har ris, Hawley, Hill, Hoar, Hooper, Hotchkiss, Jenckes, Judd, Kelley, Kellogg, Kelsey, Knapp, Laflin, Lash, Lawrence, Loughridge, Lynch, Maynard, McCarthy, McCrary, McGrew, McKenzie, Mercur, Eliakim H, Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, Packard, Packer, Paine, Peck, Peree, Peters, Phelps, Platt, Pomeroy, Porter, Roots, Sawyer, Schenck, Schu maker, Scofield, Porter Sheldon, Slocum, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevenson, Stoughton, Strick land, Strong, Tanner, Taylor, Tillman, Townsend, Twichell, Upson, Ward, William B. Washburn, Welker, Wheeler, Wilkinson, Willard, Williams, Winans— 111. June 6 — Mr. Schenck moved to amend by adding a new section, being a condensation of the tariff bill formerly reported to the House by the Committee of Ways and Means, and fixing the tariff, among other things, on tea at 15 cents per pound ; coffee, 3 cents per pound ; sugar, raw, 2 cents per pound, clarified 2J cents per pound, and refined 4 cents per pound; on pig iron $7 per ton ; on steel railway bars IJ cents per pound, and on all railway bars made in part of steel 1 J cents per pound: Provided, That metal con verted, cast, or made from iron by the Bessamer or pneumatic process, of whatever form or de scription, shall be classed as steel ; on nickel 40 cents per pound. Which was agreed to — yeas 137, nays 44, as follow : Yeas — Messrs. Adams, Allison, Ambler, Ames, Arm strong, Arnell, Atwood, Ayer, Bailey, Banks, Beaman, Beatty, Bennett, Benton. Bingham, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks, Buffinton, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Cook, Conger, Covode, Cowles, Cullom, Davis, Dawes, De- fener, Dickey, Donley, Duval, Dyer, Ela, Farnsworth, 'erriss, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, Hooper, Hotchkiss, Ingersoll, Alexander H. Jones, Kel ley, Kellogg, Ketcham, Knapp, Knott, Laflin, Lash, Lawrence, Loughridge, Lynch, Maynard, McCrary, McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Peck, Perce, Peters, Phelps, Platt, Poland, Pomeroy, Rice, Roots, Sanford, Sawyer, Schenck, Scofield, Porter Sheldon, John A. Smith, William J. Smith, IVorthington C. Smith, William Smyth, Starkweather, Stevenson, Stokes, S( ! Sec 1. That the State of Georgia, having com- : plied with the reconstruction acts, and the XlVth and XVth amendments to the Constitution of the United States having been ratified in good RESTORATION OF GEORGIA. 615 faith by a legal legislature of said State, it is hereby declared that the State of Georgia is enti tled to representation in the Congress of the United States. Sec. 2. That so much of the act. entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro hibits the organization, arming, or calling into , service of fhe militia forces in the States of Geor- -gia, Mississippi, Texas, and Virginia, be, and the ' same is herehy, repealed. Mr. Farnsworth moved to amend Mr. Dawes's substitute by inserting at the end of the 1st sec tion as follows : But nothing in this act contained shall be con strued to deprive tbe people of Georgia of the ¦right to an election for members of the general " assembly of said State in the year 1870, as pro vided for in the constitution of said State. Mr. Dickey moved to amend Mr. Farnsworth's amendment by striking out the words "in the year 1870;" which was agreed to — yeas 122, nays 71, as follow: Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Ar- - nell, Asper, Atwood, Bailey. Banks, Barry, Benjamin, • Bennett, Benton, Boles, Boyd, George M. Brooks, Buck, t.-Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cook, Covode, Cullom, Davis. Dawes, Degener, Dixon, Donley, Dyer, Ela, Ferriss, Ferry, Fisher, Fitch. Gil fillan, Hale, Hamilton, Harris. Hay, Hays, Heflin, Hill, Hoar, Hooper. Ingersoll. Alexander H.Jones, Judd, Ju lian, Kelley, Kelsey, Ketcham, Knapp, Lash, Lawrence, Logan, Loughridge. Maynard, McCrary, McKee, Wil liam Moore. Morphis, Daniel J. Morrell, Myers, Negley, Newsham, O'Neill, Packard, Packer, Paine, Palmer, Peck, Perce,' Peters, Phelps, Platt, Poland, Pomeroy, Porter, Prosser, Roots, Sanford, Sargent, Sawyer, Sco field, Shanks, Lionel A Sheldon, Porter Sheldon, Wil liam J. Smith, William Smyth, Starkweather, Stevens, Btevonson, Stokes, Stoughton, Strong, Taffe, Taylor, Tillman, Twichell, Tyner, Van Horn, Van Wyek, Wal lace. Ward. Cadwalader C. Washburn, William B. Washburn. Welker, Wheeler. Whitmore, Wilkinson, Williams, John T. Wilson— 122. Nays— Messrs. Adams. Archer, Axtell, Beaman, Beatty, Beck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Conner, Cox, Crebs, Dickinson, Dock ery, Dox, Eldridge. Farnsworth, Finkelnburg, Garfield, Qelz, Griswold, Haight, Haldeman, Hambleton, Hawkins, Holmarit, Jenckes, Johnson, Thomas L. Jones, Kellogg, Knott, Laflin, Lewis, Marshall, Mayham, McCormick, Mc Kenzie, McNeely, Jesse H. Moore, Morgan, Morrissey, Mungen, Niblack, Orth, Potter, Reeves, Rice, Rogers, Schu maker, Sherrod, Shober, Slocum, John A. Smith, Joseph 8. Smith, Stiles, Stone, Sweeney, Trimble, Upson, Van Au ken, Van Trump, Wells, Eugene M. Wilson, Winans, Wood. Vloodwari—ll. Mr. Farnsworth's amendment, as amended, was then agreed to — yeas 98, nays 90, as follow : Yeas — Messrs. Adams, Allison, Ambler, Archer, Axtell, Beaman, Beatty, Beck, Benjamin, Bingham, Bird, Blair, Booker, James Brooks, Burchard, Burr, Calkin, Cleveland, Conner, Cook, Crebs, Cullom, Dickinson, Dockery, Dox, Eldridge, Farnsworth, Ferris, Ferry, Finkelnburg, Fitch.-Garfield, Getz, Griswold, Haight, Haldeman, Hale, Hambleton. Hawkins, H&y, Holman, Ingersoll, Jenckes, Johnson, Thomas L. Jones, Judd, Kellogg, Ketcham, Knott, Laflin, Lewis, Logan, Marshall, Mayham,McCormick, McKenzie, McNeely, Jesse H. Moore, Morgan, Daniel J. Morrell, Moi-rissej/, Mungen, Niblack, Orth, Packard, Paine, Peters, Poland, Potter, Reeves, Rice, Rogers, Sar gent, Schumaker, Sherrod, Sliober. Slocum, John A. Smith, Joseph S. Smith, Starkweather, Stiles, Stone, Strong, Sweeney, Taffe, Trimble, Tyner, Upson, Van Auken, Van Trump, Cadwalder C.Washburn, William B. Washburn, Wells, Williams, Eugene M. Wilson, Winans, Wood, Wood ward— 98. Nays— Messrs. Ames, Armstrong, Arnell, Asper, At- Wood,Bailey,Barry,Bennett, Benton, Boles, G.M.Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. Butler, Cessna, Churchill, William T. Clark,' Sidney Clarke, Jo Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Covode Davis, Dr.wes, Degener, Dixon, Donley, Dyer, Ela, Fish er, Gilfuion, Hamilton, Harris, Hays, Heflin, Hill, Hoar Hooper, Alexander H. Jones, Julian, Kelley, Kelsev Knapp, Lash, Lawrence, Loughridge, Maynard, Mc Crary, McKee, William Moore, Morphis, Myers, Neg ley, Newsham, O'Neill, Palmer, Peck, Perce, Phelps Platt, Pomeroy, Porter. Prosser, Sanford, Sawyer, Sco field, Shanks, Porter Sheldon, William J Smith Wil liam Smyth. Stevens, Stevenson, Stokes, Stoughton, Strickland, Taylor, Tillman, Twichell, Van Horn, Van Wyek, Wallace Ward, Welker, Wheeler, Whitmore, Wilkinson, John T. Wilson— 90. Mr. Lawrence moved to amend Mr. Dawes's substitute further by adding as follows : Sec — . That the State of Georgia is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions: 1st, that it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens ; 2d, that the con stitution of Georgia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State. Which, on a division, was rejected — yeas 48, nays 74. The amendment of Mr. Dawes was then sub stituted for the Senate amendment without a division — making the bill to stand as follows: The State of Georgia having complied with the reconstruction acts, and the XlVth and XVth articles of amendments to the Constitution of the United States having been ratified in good faith by a legal legislature of said State, it is hereby declared \hat the State of Georgia is entitled to representation in the Congress of the United States. But nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the gene ral assembly of said State as provided for in the constitution thereof. Sec. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as pro hibits the organization, arming, or calling into service of the militia forces in the States of Geor gia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed. In Senate. July 8. — The amendments of the House were non-concurred in, and a committee of conference asked, by the following vote: Yeas — Messrs. Abbott, Bayard, Buckingham, Car penter, Casserly, Cole, Conkling, Corbett, Cragin, Fow ler, Hamilton of Maryland, Hamlin, Harlan, Harris, Howe, Johnston, Kellogg, McCreery, Morrill of Vermont, Patterson, Pomeroy, Pratt, Ross. Saulsbury, Sawyer, Schurz, Scott, Sprague, Stockton, Thurman, Trumbull, Warner, Willey, Wilson— 34. Nays— Messrs. Ames, Boreman, Cameron, Chandler, Drake, Gilbert, Hamilton of Texas; Howard, Howell, Lewis, Morton, Nye, Pool, Ramsey, Rice, Robertson, Spencer, Stewart, Sumner, Thayer, Williams, Yates— 22. Messrs. Howard, Hamlin, and Thurman were appointed such committee on the part of the Senate, and Messrs. B. F. Butler, Farnsworth, and Paine on the part of the House, who report ed the bill as passed above. LXI. MISCELLANEOUS. President's Message on European war and Ame rican shipping. To the Senate and House of Representatives: Your attention is respectfully called to the necessity of passing an Indian appropriatioh'hill before the members of Congress separate. With out such appropriation Indian hostilities are sure to ensue, and with them sufferings, loss of life, and expenditures, vast as compared with the amount asked for. . The latest intelligence from Europe indicates the imminence of a war between France and Forth Germany. In view of this a sound policy indicates the importance of some legislation tend ing to enlarge the commercial marine of this country The vessels of this country at the present time are insufficient to meet the demand which the existence of a war in Europe will impose upon the commerce of the United States, and I submit to the consideration of Congress that the inter ests of the country will be advanced by the op portunity to our citizens to purchase vessels of foreign construction for the foreign trade of the country. Au act to this effect may be limited in its duration to meet the immediate exigency: The foreign mail service of the United States is in a large degree dependent upon the* Bremen and Hamburg line of steamers. The Post Office Department has entered into contracts in writ ing with the two companies above named, aud with the WilliamB and Guion lines respectively for a regular and continuous service of two years. The only arrangement that could be made with the Inman and Ounard lines is temporary, and may be broken off at any time. The North Ger man lines are first-class in point of speed and equipment, their steamers usually making the trip across the Atlantic in from twenty-four to thirty-six hours in advance of the Williams and Guion line; . Should the North German steamers be blockaded or impeded by France,- our postal intercourse with foreign nations will be greatly embarrassed, unless Congress shall interpose for Its relief. I suggest to Congress -the propriety of further postponing- the time for adjournment, with the view of considering the questions herein commu nicated. U. S. Grant. Washington, D. C, July 15, 1870. This message was sent to Congress too late for insertion in the chapter of President Grant's AN ACT to amend the naturalization laws and to punish crimes against the same. Be it enacted, &c. That in all caaea where any oath, affirmation, Or affidavit shall be made or taken under or by virtue of any act or law re lating to the naturalization of aliens, or in any proceedings under such acts or laws, and any person or persons taking or making such oath, affirmation, or affidavit, shall knowingly swear or .affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall upon conviction thereof be sentenced to imprisonment for a term not exceed-- ing five years and not less than one year, and to a fine not exceeding $1,000. Sec. 2. That if any person applying to be ad mitted a citizen, or appearing as a witness for any such person, shall knowingly personate any other person than himself, or falsely appear in the name of a deceased person, or in an assumed or fictitious name, or if any person shall falsely make, forge, or, counterfeit any oath, affirmation, notice, affidavit, certificate, order, record, signa ture, or other instrument, paper, or proceeding re quired or' authorized by any law or act relating to or providing for the naturalization of\ aliens ; or shall alter, sell, dispose of, or use as true or genuine, or for any unlawful purpose, any false, forged, ante-dated, or counterfeit oath, affirma tion, notice, certificate, order, record, signature, instrument; paper, or proceeding as aforesaid ; or sell or dispose of, to any person other than the person for whom it was originally issued, any certificate of Citizenship or certificate showing any person to be admitted a citizen ; or if any person shall in any manner use, for the purpose of registering as a voter, or as evidence of a right to vote., Or otherwise, unlawfully, any order, cer tificate of citizenship, or certificate, judgment, or exemplifications showing such person to be ad mitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order or certificate, judgment, or exemplifica tion has| been, unlawfully issued or made; or if any person shall unlawfully use, or attempt to ubOj any such order or certificate, issued to df in the name of any other person, or in a ficti tious name, or the name of a deceased person ; or use, or attempt to use, or aid, or assist or participate in the use of any certificate of citi zenship, knowing the same to be forged, or coun terfeit, or ante-dated, or knowing the Bame to have been procured by fraud, or otherwise un lawfully obtained ; or if any person, and without lawful excuse, shall knowingly have or be pos sessed of any false, forged, ante-dated, or coun terfeit certificate of citizenship, purporting to have been issued under the provisions of any law of the United States relating to naturaliza tion, knowing such certificate tohe false, forged; ante-dated, or counterfeit, with intent unlaw fully to use the same; or if any person shall obtain, accept, or receive any certificate of citi zenship known to such person to have been pro cured by fraud or by the use of any false nam& or by means of any false statement made With 616 MISCELLANEOUS. 617 intent to procure, or to aid in procuring, the issue of such certificate, or known to such per son to be fraudulently altered or ante-dated; or if any person who has teen or may be admitted to be a citizen shall, on oath or affirmation or by' affidavit, knowingly deny that he has been so admitted, with intent to evade or avoid any dilty or liability imposed or required by law, every person so offending shall be deemed and adjudged guilty of felony, and, on conviction thereof, shall be sentenced to be imprisoned and kept at hard labor for a period not less than one year nor more than five years, or be fined in a sum not leas than $300 nor more than $1,000, or both such punishments may be imposed, in the cfiscretion of the court. And every person who shall knowingly and intentionally aid or abet any person in the commission of any such fel ony, or attempt to do any act hereby made felony, or counsel, advise, or procure, or attempt to procure, the commission thereof, shall be liable to indictment and punishment in the same man ner and to the same extent as the principal party guilty of such felony, and such person may be tried and convicted thereof without the previous conviction of such principal. Sec. 3. That any person who shall knowingly use any certificate of naturalization heretofore granted by any court, or which shall hereafter be granted, which has been or shall be procured through fraud, or by false evidence, or has been ot shall be issued by the clerk, or any other offi cer of the court, without any appearance and hearing of the applicant in court, and without lawful authority, and any person who shall falsely represent himself to be a citizen of the United States, without having been duly admit ted to citizenship, for any fraudulent purpose whatever, shall be deemed guilty of a misde meanor, and, upon conviction thereof iu due course of law, shall be sentenced to pay a fine of not exceeding $1,000, or be imprisoned not ex ceeding two years, either or both, in the discre tion ofthe court taking cognizance of the same. Sec. 4. That the provisions of this act shall apply to all proceedings had or taken, or attempt ed to be had or taken, before any court in which any proceeding for naturalization shall be com menced, had, or taken, or attempted to be com menced; and the courts of the United States shall have jurisdiction of all offenses under the pro visions of this act, in or before whatsoever court or tribunal the same shall have been committed. Sec. 5. That in any city having upward of twenty thousand inhabitants, it shall be the duty of the judge of the circuit court of the United States for the circuit wherein said city shall be, upon the application of two citizens, to ¦ appoint in writing, for each election district or voting precinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of the district or precinct, one from each political party, who, when so designated, shall be, and are hereby, authorized to attend at all times and places fixed for the registration of voters, who being registered would be entitled to vote for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes cast at said elections, and to challenge any name pro posed to be registered1 and any vote offered, and to be present and witness throughout the count ing of all votes, and to remain where the ballot- boxes are kept at all times- after the polls are open until the votes are finally counted; and said persons, and either of them, shall havo the right to affix their aignature or his signature to- said register for purposes of identification, and to attach thereto, or to the certificate of the num ber of votes cast, and statement touching the truth or fairness thereof which they or he may ask to attach; and any one who shall prevent any person so designated from doing any of the acts authorized as aforesaid, or who shall hinder or molest any such person in doing any of the said acts, or shall aid or abet in preventing, hinder ing, or molesting any such person in respect of any such acts, shall be guilty of a misdemeanor, and on conviction shall be punished by impris onment not less than one year. Sec. 6. That in any city having' upward of twenty thousand inhabitants, it shall be lawful for the marshal of the United States for the dis trict wherein said city shall be to appoint as many special deputies as may be necessary to preserve order at any election at which repre sentatives in Congress are to be chosen ; and said deputies are hereby authorized to preserve order at such elections, and to arrest for any of fense or breaeh of the peace committed in their view. Sec. 7. That the naturalization laws are here by extended to aliens of African nativity and to persons of African descent. Approved July 14, 1870. [Portions of this act and of the act to enforce the XlVth and XVth amendments are taken isubstantially from the report of the Committee on Alleged New York Election Frauds, 3d sess. 40th Cong., report 31, which treated of these questions.] Final Votes. . In Senate, July 4, 1870. Yeas — Messrs. Anthony, Chandler, Conkling, Cor bett, Cragin, Drake, Edmunds, Fenton, Gilbert, Ham lin, Harlan, McDonald, Morrill of Vermont, Morton, Nye, OSborn, Patterson, Pomeroy, Ramsey, Rice, Rob ertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thay er, Tipton. Trumbull, Warner, Willey, Williams, Wil son— 33. Nays — Messrs. Bayard, Boreman, HamUton of Mary land, McCreery, Siulsbury, Stockton, Thurman, Vickers— 8. In House, June 11, 1870. Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Ayer, Bailey, Banks, Beatty, benjamin, Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benja min F. Butler, Roderick R. Butler, Cake, Chur.hill, William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, Conger, Cook, Covode, Cowles, Cullom, Darrall, Davis, Dawes, Degener, Dickey, ilonley, Duval, Ela, Farns worth, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan. Hamilton, Harris, Hawley, Heflin, Hill, Hoar, Hooper. Ingersoll, Jenckes, Judd, Kelley, Kelsey. Ketcham, Knapp, Laflin, Lash, Lawrence, Lo gan, Loughridge, Maynard, McCarthy, Mctrrew, Mc Kenzie, Mercur, Jesse H. Moore, William Moore, Jlor- phis, Daniel J. Morrell, Myers, Negley, O Neill, Onh, Packard, Packer, Paine, Palmer, Peck, Peters. Phelps, Platt, Poland, Porter, Prosser, Roots, Sargent. Sawyer, Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington G. Smith, William Smyth. Starkweather, Stevens, Steven son, Stokes, Stoughton, Strickland, Taffe, Tanner, Tay 618 POLITICAL MANUAL. lor, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Van Wyek, Ward, Cadwalader C. Washburn, Wil liam B. Washburn, Welker, Wheeler, Whitmore, Wilk inson, Willard, Williams, John T.Wilson, Witcher— 132. Nays— Messrs. Axtell, Barnum, Beck, Bennett, Biggs, Bird, Booker, James Brooks, Burr, Callcin, Conner, Cox, Crebs, Dickinson. Fox, Getz, Griswold, Haight, llay, Hol man, Johnson, Thomas L. Jones, Kerr, Knott, Lewis, Mar shall, Mayham, McCormick, McNeely, Milmes, Morgan, Mun gen, Niblack, Potter, RandaU, Reeves, Rice, Rogers, Schu maker, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Auken, Van Trump, Eugene M. Wilson, Winchester, Wood, Woodward — 53. Previous Votes. 1870, June 13 — Mr. Davis introduced the bill, as finally passed, with the exception of the last three sections, which, under a suspension of the rules, was passed — yeas 130, nays 47, as follow : Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buck, Buck ley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cullom, Davis, Dawes, Dickey, Dixon, Dockery, Donley, Duval, Ela, Farnsworth, Fer riss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gil fillan, Hale, Hamilton, Harris, Hawley, Hay, Heflin, Hill, Hoar, Hooper, Hotchkiss, Ingersoll, Alexander H. Jones, Tliomas L. Janes, Judd, Julian, Kelley, Kel logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Law rence, Logan, Maynard, McCarthy, McCrary, McGrew, McKee, Mercur, Eliakim H. Moore, Jesse fl. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Newsham, O'Neill, Orth, Packard, Paine, Palm er, Peek, Peree, Phelps, Platt, Poland, Pomeroy, Porter, Roots, Sanford, Sargent, Sawyer, Lionel A. Sheldon, John A. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tanner, Tillman, Twich ell, *Tyner, Upson, /Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson. Willard, Winans, Witcher— 130. - Nays — Messrs. Adams, Axtell, Beck, James Brooks. Burr, Calkin, Conner, Cox, Orebs, Dox, Eldridge, Fox, Getz, Gib son, Griswold, Hamill, Holman, Johnson, Kerr, KnoU, Lewis, Marshall, Mayham, McCormick, McNeely, Milnes, Morgan, Mungen, Niblack, Randall, Reeves, Rice, Ridgway, Sherrod, Shober, Joseph S. Smith, Strader, Swann, Sweeney, Trimble, Van Auken, Van Trump, Wells, Eugene M. Wilson, Win chester, Wood, Woodward — 17. In Senate. 1870, June 18 — Mr. Conkling, from the Com mittee on the Judiciary, reported a bill with the recommendation that it be substituted for the House bill. It provided that all jurisdiction over naturalization should be in the United States courts ; that the applicant must have re sided in the United States four years and six months, and in the State one year prior to the application ; that every certificate of naturaliza tion issued since July 4, 1868, in any city of over 100,000 inhabitants, shall not be evidence of naturalization unless presented to the United States court, and by it approved; that the minor children of naturalized persons shall be citizens of the United States on attaining their majority ; that in all cities of upward of 20,000 inhabit ants the court shall select two persons from each precinct to act as judges of election and registra tion, and the marshal shall also appoint as many deputies as he shall deem necessary to keep the peace ; provided for the punishment of the false and fraudulent issuing or using certificates of naturalization, or the disturbance of the court while sitting to grant certificates of naturaliza tion. July 2 — Mr. Sumner moved to amend the proposed substitute by adding the following new section. Sec. — . That all acts of Congress relating to naturalization be, and the same are hereby, amended by" striking out the word "white" wherever it occurs, so that in naturalization there shall be no distinction of race or color. Which was disagreed to — yeas 22, nays 23, as follow : Yeas — Messrs. Anthony, Carpenter, Fowler, Hamlin, Harris, Kellogg, Lewis, Me Donald, Morrill of Vermont, Pomeroy, Pratt, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Schurz, Seott, Sprague, Sumner, Trum bull— 22. Nays — Messrs. Bayard, Boreman, Casserly, Corbett, Cragin, Davis, Drake, Edmunds, Gilbert, Harlan, Howe, Howell, Johnston, McOreery, Morton, Stewart, Stockton, Thurman, Tipton, Vickers, Warner, Williams, Wilson— 23. The substitute of the committee was then dis agreed to — yeas 17, nays 33, as follow: Yeas— Messrs. Anthony, Carpenter, Conkling, Cragin, Edmunds, Fenton, Hamlin, Morrill of Vermont, Pat terson. Pomeroy, Rice, Sawyer, Seott, Stewart, Sum ner, Trumbull. Wilson 17. Nays — Messrs. Bayard, Koreman, Casserly, Chandler, Corbett, Davis, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Lewis, McCreery, McDonald, Morton, Pratt, Ramsey, Revels, Robertson, Ross, Shurz, Sprague, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams— 33. The question then recurring on the House bill, the Senate being in committee of the whole, Mr. Conkling moved to amend by the addition of the following sections, which were the last two sec tions of the committee's substitute : Sec. — . That in any city having upward of twenty thousand inhabitants it shall be the duty of the judge of the circuit court of the United States for the circuit wherein said city shall be, upon the application of two citizens, to appoint in writing for each election district or voting pre cinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of the district or precinct, one from each political party, who, when so designated, shall be, and are hereby, author- ¦ ized to attend at all times and places fixed for the registration of voters, who being registered would be entitled' to vote for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes- cast at said elections, and to challenge any name proposed to be registered and any vote offered, and to be present and wit ness throughout the counting of all votes, and to remain where the ballot-boxes are kept at all times after the polls are open until the votes are finally counted ; and said persona and either of them shall have the right to affix their signature or his signature to said register for purposes of identification, and to attach thereto, or to the certificate of the number of votes cast, and state ment touching the truth or fairness thereof which they or he may ask to attach ; and any one who shall prevent any person so designated from do ing any of the acts authorized as aforesaid, or who shall hinder or molest any such person in doing any of the said acts, or shall aid or abet in preventing, hindering, or molesting any such per son in respect of any such acts, shall be guilty of a misdemeanor, and on conviction shall be pun ished by imprisonment not less than one year. Sec. — • That in any city having upward of twenty thousand inhabitants, it shall be lawful for the marshal of the United States for the dis- MISCELLAN0OTJS. 619 trict wherein said city shall be to appoint as many special deputies as may be necesaary to preserve order at any election at which, repre sentatives in Congress are to be chosen ;' and said deputies are hereby authorized to preserve order at such elections, and to arrest for any offense or breach of the peace committed in their view. Which was agreed to — yeas 37, nays 9, as follow : Yeab— Messrs. Anthony, Carpenter, Chandler, Conk ling, Corbett, Cragin, Drake, Edmunds, Fenton, Gil bert, Hamlin , Harris, Howe, Howell, Kellogg, Lewis, McDonald, Morrill of Vermont, Morton, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott, Sprague, Stewart, Sumner, Thayer, Tipton, "Trumbull, Warner, Willey, Williams, Wilson— 37. Nays— Messrs. Bayard, Boreman, Casserly, Davis, Johnston, McCreery, Stockton, Thurman, Vickers — 9. Mr. Sumner moved to amend by adding the following section : Sec— That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" wherever it occurs; so that in naturalization . there shall be no distinction of race or color. Which was agreed to — yeas 27, nays 22, as follow : Yeas— Messrs. Anthony, Carpenter, Conkling, Fen ton, Fowler, Gilbert, Hamlin, Harris, Howe, Kellogg, Lewis, McDonald, Morrill of Vermont, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Ross, Saw yer, Schurz, Scott, Sprague, Sumner, Thayer, Trum- bull-27. Nays — Messrs. Bayard; Boreman, Casserly, Corbett, Cragin, Davis, Drake, Edmunds, Harlan, Howell, John- ' ston, McCreery, Morton, Stewart, Stockton, Thurman, ' Tipton, Vickers, Warner, Willey, Williams, Wilson— 22. July 4 — Mr. Williams moved to add to the bill the following : Provided, That nothing in this act shall be construed to authorize the naturalization of per sons born in the Chinese empire. Mr. Hamlin moved to reconsider the vote by which Mr. Sumner's amendment was adopted; which was agreed to — yeas 27, nays 14, as fol low: Yeas— Messrs. Bayard, Boreman, Chandler, Conk ling, Corbett, Cragin, Davis, Drake, Edmunds, HamU ton of Maryland, Hamlin, Harlan, McCreery, Morton, Nye, Ramsey, Saulsbury, Scott, Stewart, Stockton, Thur man, Tipton, Vickers, Warner, Willey, Williams, Wil son— 27. Nays— Messrs. Brownlow, Fenton, Harris, Kellogg, McDonald, Morrill of Maine, Pomeroy, Revels, Rob ertson, Ross, Spencer, Sprague, Sumner, Trum bull— 14. Mr. Howe moved to amend Mr. Sumner's amendment by adding as follows : Provided, That nothing in this or any other act of Congress shall be so construed as to au thorize the naturalization of any person born in a pagan country, unless with his oath of alle giance the applicant shall take and file an oath ¦abjuring his belief in all forms of paganism. Which was disagreed to. Mr. Sumner's amendment was then disagreed ,to — yeas 14, nays 30, as follow: ' ' Yeas— Messrs. Fenton, Fowler, Harris, Howe, Mc- 'Bcnald, Morrill of Vermont, Pomeroy, Rice, Robertson, fioss, Spencer, Sprague, Sumner, Trumbull— 14. Nays— Messrs. Bayard, Boreman, Chandler, Conkling, Corbett, Cragin, Davis, Drake, Edmunds, Gilbert, Ham Uton of Maryland, Hamlin, Harlan, McCreery, Morton, Nye, Osborn, Ramsey, Saulsbury, Seott, Stewart, Stock ton. Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wilson— 30. # Mr. Warner moved to add the following sec tion : Sec. — . That the naturalization laws are here by extended to aliens of African nativity and to persons of African descent. Which was agreed to— yeas 21, nays 20,. as follow : Yeas— Messrs. Chandler, Drake, Gilbert. Harris, Kel logg, McDonald, Morton, Osborn, Pomeroy, Rice, Rob ertson, Ross, Scott, Spencer, Sprague, Sumner, Thayer, Tipton, Trumbull, Warner, Willey— 21. Nays— Messrs. Bayard, Boreman, Conkling, Corbett, Cragin, Davis, Edmunds. Hamilton of Maryland, Ham lin, Howe, McCreery, Nye, Ramsey, Saulsbury, Stewart, Stockton, Thurman, Vickers, Williams, Wilson — 20. The bill was then reported to the Senate, and the question being taken on Mr. Warner's amend ment, it was agreed to — yeas 20, nays 17, aa fol low: Yeas — Messrs. Chandler, Drake, Fenton, Harlan, Mc Donald, Morrill of Vermont, Morton, Osborn, Pomeroy, Rice, Robertson, Scott, Spencer, Sprague-, Sumner, Thayer, Tipton, Trumbull, Warner, Willey— 20. Nays — Messrs. Bayard, Boreman, Corbett, Cragin, Ed munds, Hamilton of Maryland, Howe, McOreery, Nye, Ramsey, Saulsbury, Stewart, Stockton, Thurman, Vickers, Williams, Wilson— 17. Mr. Sumner again moved the following amend ment: Sec- — . That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" wher ever it occurs; so that in naturalization there shall be no distinction of race or color. Which was disagreed to — yeas 12, nays 26, as follow : Yeas — Messrs. Fenton, Fowler, Howe, McDonald, Morrill of Vermont, Osborn, Pomeroy, Rice, Robert son, Sprague, Sumner, Trumbull— 12. Nays — Messrs. Bayard, Boreman, Chandler, Conk ling, Corbett, Cragin, Drake, Hamilton of Maryland, Hamlin, Harlan, McOreery, Morton, Nye, Ramsey, Saulsbury, Scott, Stewart, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wilson— 26. Mr. Trumbull moved to amend the amendment of Mr. Warner, which was adopted, by adding thereto the words "or persons born in the Chi nese empire; which was disagreed to — yeas 9, nays 31, as follow: Yeas — Messrs. Fenton, Fowler, McDonald, Pomeroy, Rice, Robertson, Sprague, Sumner, Trumbull— 9. Nays— Messrs. Bayard, Boreman, Chandler, Conk ling, Corbett, Cragin, Drake, Gilbert, Hamilton of Ma ryland, Hamlin, Harlan, Howe, McCreery, Morrill of Vermont, Morton, Nye, Osborn, Ramsey, Saulsbury Sawyer, Seott, Stewart, Stockton, Thayer, Thurman Tipton, Vickers, Warner, Willey, Williams, Wilson— 31. The bill as amended was then passed, and the Senate amendments were agreed to as above. The Cuban Question. In House of Bepresentatives. 1870, June 14 — Mr. BankB, from the Commit tee on Foreign Affairs, submitted the following : Joint resolution in relation to the contest be tween the people of Cuba and the Government of Spain. Resolved, &c, That the President of the United States be, and hereby is, authorized and instructed to declare and maintain a strictly impartial neu trality on the part of the Government of the United States in the contest now existing be tween the people of Cuba and the Government of the kingdom of Spain. Sec 2. That all provisions of the statute ap- 620 POLITICAL MANUAL. proved 20th of April, 1818, entitled " An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," shall be construed to apply equally to each of the parties, in the ex isting contest between the people of Cuba and the Government of Spain. Sec 3. That the President is hereby; author ized and- requested to remonstrate- against the barbarous manner in which the. war in Cuba has been conducted, and, if he shall deem, it expe dient, to solicit the co-operation of other govern ments in such measures as he may deem neces sary to secure from both contending parties an observance- of the laws of war recognized by all civilized nations. The minority of tbe committee submitted as a substitute the following : A j oint resolution making it a misdemeanor to. fit out or equip ships of war, with intent that they shall be employed in the service of any, European prince or State for the purpose, of subduing American colonists claiming inde pendence,, and, providing for the forfeiture of such ship or vessel. Be it resolved,, &c, That if any person shall, within the limitsof the United States, fit out, arm, or equip, or attempt-to fit out,' arm, or equip, or procure to be fitted out, armed, or equipped, or shall knowingly be concerned in the fitting out, arming, or equipping, of any ship or vessel, with intent that such ship or vessel shall be employed in the service of any European- prince or State, for the purpose of subduing American colonists claiming independence, or shall issue, or deliver a- commission within the territory of the United States for any ship or vessel, with the intent. that she may be employed as aforesaid, every, person so offending shall be guilty of a misdemeanor, and, upon conviction thereof; shall be fined in any sum not exceeding $5,000, and be imprisoned for a period not exceeding two years nor less than six months ; and every such ship or vessel, with her tackle, apparel, and furniture, together With all materials, arms, ammunition, and stores:, which may have been procured for the building and equipment thereof, shall be forfeited, one- half, to the use of the informer and the other, half to:the United, States. Sec. 2. That in every case where a ship or ves sel shall be fitted out, armed, or equipped, or attempted to be fitted out, armed; or equipped, contrary to the provisions of this joint resolution, it shall be lawful for the President of the United States, or such person as he shall have empow ered for that purpose, to employ the land or naval forces or the militia of the United States-, or any part thereof, for the purpoee of taking possession of and detaining any such ship or vessel. Sec 3. That the provisions, of the act approved April 20, 1818, entitled "An act in addition to the ' act for the punishment of certain crimes against the United States,' and to repeal the acts. therein mentioned," shall be held to apply and be in force, as to all attempts of American colo nies, or parts thereof, to assert their independence ; and the words " colonies, districts, or peoples " in such act shall be held to apply to and include all sucn American colonists claiming independence, as described in the 1st section of this joint resolution. The previous question naving been, ordered.it was by unanimous consent agreed, that the folp- lowing day should be devoted to debate; and tho.. main question should be considered as having, been ordered. On the following, day — June 15.: — after debate, Mr. Bingham moved to reconsider, the vote by which the main question was ordered— Mr. Eldridge moved that the motion lie. on.. the table,;, which latter motion was disagreed, to — yeas 82, nays 94, as follow : YEAS^Messrs. Adams, Archer, Arnell,, AxteU,.'Boi\eyi Banks, ,Beatty„£ec/c, Bird, Booker, Bowen, Boyd, James Brooks, Burr, Calkin, Sidney Clarke; Cleveland,. Clinton^ L. Cobb, Conner, Cox, Crebs, Degener,, Dox, Eldrutgej. Ferriss;. Fiteh, Fox, Getz, Griswold, Haight,, Hambleton,, Hamill, Hamilton,.Hawkins, Hay, Holman, Hotohkiss, Ingersoll, Joltnson, juimn, Knott,.Zewis,hogan, Marshall, Mayham, McKenzie, McNeely, Milnes, Morphis, Morrissey, Mungen; Newsham, Niblaclc, Paine, Porter, Potter, Ran dall, Reeves, Rice, Roots, Sanford, Schumaker, ShankSi, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Stijis, Strader, Swann, Sweeney, Taylor, TrimSle, Van Auken, Van Horn, Van Trump,Vam Wyek, Wells, Wilkinson, Winches ter, Wood, Woodward — 82. Nays— Messrs. Allison, .Ambler, Ames,. Armstrong,. Asper, Atwood, Beaman, Bennett,. Benton,, Bingham, Blair, George M.. Brooks, Buckley, Buflmton, Bureh- ar,d, Burdett,, Benjamin F. Butler,. Roderick R;.Butlsr, Cessna, Churchill, Amasa Cobb, Coburn, Cook, Conger,. Dawes, Dickey, Dockery, Donley, DuVal, Dyer, Era, Farnswortihj, Ferry, FinJselnbur.g., Fishec, Garfield, Hale,, Harris., Hawley, Hays, Heflin, Hoar, Hoopeij- Judd, Kelley, Kellogg, Kelsey, Ketcham,, Knapp,; Laflin, Lawrenbe„Maynard, MeCormicJc, McCrary, Mc.; Grow, McKee, Mereur, Eliakim H, Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Orth-, Pack ard, Packer,, Palmer, Peek, Peree, Phelps, Platt, Po land,, Pomeroy, Sawyer, Schenck, John A, Smith, Wil liam Smyth, Starkweather, Stoughton, Strickland,, Strong, Taffe, Tanner, Tillman, Twichell,. Tyner, Up son, Ward, Cadwalader C. Washburn, William B. Wash burn, Welker, "Wheeler, WiHaxd, John T.Wilson,. Wi nans, Witcher— 94. Tbe motion to reconsider was then agreed to — yeas 88, nays 70. . June 16 — Mr. Logan moved to amend the 2d isection of the majority resolution by striking out the words "shall be. construed to apply equally to each of the parties in the existing contest, be^ ;tween the people of Cuba and the Government!. of Spain," and inserting in lieu thereof the, fol lowing ; " Shall be so construed as to give to both icontending parties the same advantages of inter course and, trade with the. United States, consist jent with the law of nations, which have been or Imay be accorded to the Government of Spain." Which, was disagreed to — yoas 77, nays 101, as follow: Yeas— Messrs. Adams, Archer, Axtell, Ayer, Banks, Beatty, Beck, Bird, Booker, Boyd, James Brooks, Burr, ' Calkin, William T. Clark, Sidney Clarke> Cleveland, Clin ton. L. Cobb, Conner, Cox, Degener, Diclcinsgn, Dox,Eld- \ridge, Ferriss, Fitch, Fox, Getz, Gibson, Griswold, Haight, i Hambleton, Hamill, Hamilton, Hay, Holman, Ingersoll, j Johnson, Julian, Knott, Lash, Lewis, Logan, Marshall ' I Mayham, McKenzie, McNeely, Milnes, Morgan, Morphis, ! Morrissey, Mungen, Newsham, Niblack., Prosser, Randall, Reeves, Rice, Roots, Schumaker, Lionel A. Sheldon, Sher^ rod, Sliober, Joseph S.Smith,Stiles, Stokes, Strader, Swann, Sweeney, Van Horn, Van Trump, Ward, Wells, Whitmore, , Eugene M. Wilson, Winchester, Wood, Woodward — 77. j Nays— Messrs. Allison, Ambler, Ames, Arnell, Asper, ; Atwood, Bailey, Beaman, Benjamin, Bennett, Benton, IBingham, Blair,George M. Brooks.Buckley, Buffinton, '. Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Amasa Cobb, Cook, Conger, Cowles, Dawes, Dickey, Dixon, Dockery, Don ley, Duval, Dyer, Farnsworth, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Harris, Hawkins, Hill, Hoar, Hooper, Hotchkiss, Judd, Kelley, Kellogg, Kel sey, Ketoham, Knapp, Laflin, Lawrence, Maynard, Mc Carthy, McCrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Daniel J. Morrell. Negley, O'Neill, Orth, Packard, Packer, Paine, Perce, Phelps, Platt, Poland, MISCELLANEOUS. 621 Pomeroy, Rogers, Sargent, Sawyer, Schenck, Scofield, Shanks, Porter Sheldon, John A. Smith, William Smyth, Starkweather, Stoughton, Strickland, Strong, Taffe, Taylor, Townsend, Twichell, Tyner, Upson, Cadwala der C. Washburn, William B. Washburn, Welker, Wil lard, John T. Wilson, Winans, Witcher— 101. Mr. Bingham moved to substitute forthe mi nority resolutions the following: That the President is hereby authorized to re- .monstrate against the barbarous manner in which 'the war in Cuba has been conducted, and, if he shall deem it expedient, to solicit the co-opera tion of other governments in such measures, as he may deem necessary to secure from both con- , tending parties an observance of the laws of war recognized by all civilized nations. Which was agreed to — yeas 100, nays 17, on a diyision. The minority resolution, as amended by Mr. -Bingham — being simply Mr. Bingham's proposi tion — was then substituted for that of the ma jority — yeas 101, nays 88, as follow: Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Beaman, Benjamin, Benton, Bingham, 1 George M. Brooks, Buckley, Buffinton, Burchard, Rod erick R.Butler, Cake, Cessna, Churchill, William T. Clark, Coburn, Cook, Conger, Covode, Cowles, Dawes, Dickey, Dixon, Doekery, Donley, Duval. Dyer, Ela, Fornsworth, Ferry, Fisher, Garfield, Hale, Harris, Hawkins, Heflin, Hill, Hoar, Hooper, Hotcnkiss,.J-udd, Kelley, Kellogg,- Kelsey, Ketcham, Knapp, Laflin, Law rence, MaynarcV, McCarthy, McCrary, McGrew, Mercur, :Eliakim H. Moore, Jesse H. Moore. William Moore, Daniel J.Morrell, Negley, O'Neill, Orth, Packard, Pack er, Palmer, Peree, Phelps, Plait, Poland, Pomeroy, ' Rogers, Sargent, Sawyer, Schenck, Scofield, John A. Bhiith, William J. Smith; William Smyth, Starkweather, ¦Stokes. Stoughton, Strickland, Strong. :Taffe, Tanner, Tillman, Townsend, Twichell, Tyner, Upson, .Ward, Cadwalader C. "Washburn, William B. Washburn, Wel ker, Wheeler. Whitmore, Willard; 'John T. ' Wilson, Winans— 101. Nays — Messrs. Adams, Archer, Axtell, Bailey, ' Banks, 'Barry, Beatty, Beck, Biggs, Bird, Blair, . Booker, Boyd, •James Brooks^ Buck, Burdett, Burr, Benjamin F: Butler, Calkin, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, ; Conner, Cox, Cullom, Degener, Dickinson, Dox, Eldridge, 'Ferriss, Finkelnburg, Fitch, Fox, Getz, Gibson, Gris- l[t&o&H. Haight,- Hamill, B.B.rrL-iMoril'Ka.y I Holman, Ingersoll, -Johnson, Julian,- Kerr, Knott, Lash,: Lewis, Logan, Mar shall, Mayham, McKee, McKenzie, McNeely, MUnes. Mor gan,' Morphis, Morrissey, Mungen, Newsham, Niblack, Paine, Porter, Potter, Prosser, Randall, Reeves. Rice, rRoots, Schumaker,1 Shanks, Lionel A- Sheldon, Porter .' Sheldon, Sherrod, Shober, Joseph S. Smith, Stiles, Strader, ¦ Swann, Sweeney, Taylor, Trimble, Van Trump, Wells, Eugene M. Wilson, Winchester, Wood, Woodward— 88. The resblution was then agreed to without a division. Ratification of Constitutional Amendments. '1870, May 8— Mr. Bingham reported the.fol- • lowing bill : 'To regulate the mode of determining the ratifica tion of amendments to the Constitution ofthe United' States proposed by Congress, and for "other purposes. That whenever the' legislature of, any "State ''Mall have ratified an amendment to the Constitu tion of the United States heretofore proposed, or which shall be' hereafter proposed, by Congress "¦ to the legislatures of the several States for ratifi cation, it shall be the duty of the Executive of i such, State so ratifying to certify forthwith, under 'the seal of such' State, such ratification . and the ;;date thereof to the Secretary of State of the 'United States, whose duty it shall be to file.and "' record the same in the Department of State. -,!Sec. '2. That in all cases wherein official notice "'has been given, or shall hereafter be given to, Jand has' been or shall hereafter be received by, the Secretary of State of the United States, that the legislature of any State has ratified any amendment heretofore proposed by Congress, or which shall hereafter be proposed by Congress, to the Constitution of -the United States, it shall' be unlawful, for any officer of such, State to certify thereafter any, repeal of such amendment, unless an amendment for, the repeal thereof shall have been first proposed by the Congress of the United States, or by a convention called by Congress for proposing amendments; and if such certifi cate of repeal be made, said Secretary of State shall not receive or make any record thereof in the Department 'of : State, but 'the same ahall be void and of no, effect. Sec. -3. That whoever, after the legislatures of ,three^fourths,of the States shall have ratified any amendment to the Constitutiou-of the United States heretofore proposed, or which shall here after be, proposed, by the. Congress .thereof, shall do any act declaring the repeal, either by color of State legislation or of State ordinance, of any rat- ification'of such amendment, after the same shall have been certified to the Secretary of State of the United States, and before the Congress of the United States shall have proposed an amendment providing for the repeal thereof, or a convention called by Congress for proposing . amendments shall have proposed such amendment, shall be guilty of a misdemeanor, and,, upon conviction thereof in any court of the United States, having jurisdiction in the premiaea, ahall be subject to imprisonment not less than one nor more than ten years, or to a- fine of not less than $2,000 nor more than,'$10,000, or to both, in the discretion of the court. Sec. 4: That all acts or parts of acts inconsist ent herewith' are hereby repealed ; Which,- the rules being suspended, under the operation of the previous question, was agreed to — yeas 130, nays 54, as follow : Yeas— Messrs. Allison, Ambler, Ames,- Armstrong, Ar nell,. Asper, Atwood, Bailey, Barry ^ Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Boles, Geoi-ge M. Brooks. Buckley, Buthnton, Burchard, Burdett, Ben jamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, -William T. Clark. Sidney Clarke, Amasa Cobb, Coburn, Conger, Cook, Cowles, Cullom. Darrall, Davis. Dawes. Degener, Dickey, Donley, Duval, Dyer, Ela, Ferriss, Finkelnburg, Fisher, Fitch, Garfield, Gil fillan, Hale, Hamilton, Harris, . Hawley, Hay, Hays, Heflin, Hill, Hoar, Jenckes,: Judd, Julian, Kelley, Kel sey, Ketcham. Knapp, Lash, Loughridge, Lynch, May nard, McCarthy, McCrary, McGrew, McKee, McKenzie, ,Mercur, Eliakim H. Mobre,. Jesse H. Moore, William Moore, Myers, Negley, O'Neill. Orth. Packard, Paine, Palmer, Peck,' Perce, Peters. Phelps, Poland, Porter, ¦Prosser, Roots, -Sanford, Sargent. Sawyer, Scofield, Shanks; Lionel-A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith. Worthington C. Smith. Wil liam Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton,-' Strickland, Strong, Tanner, Taylor, Till- man.Townsend, Twiohell,; Tyner, Upson, Van Wyek, Wallace, Ward, Cadwalader C. Washburn,, William B. Washburn, Welker, Wheeler, Whitmore, Willard, Wil liams, Jbhn T. Wilson, Winans— 130. - NAYs-^Messrs. Archer; Bak, Biggs, Bird, Booker, James Brooks, Miirr, Calkin, Cleveland, Conner. Cox, Crebs, Dick inson, Eldridge, Fox, Getz, Griswold, Haight, Habieman, HamiU, Hawkins, Johnson, Thomas L. Jones, Kerr, Knott, Leiois, Mayham, McCormick; McNeely, MUnes, Mor gan, Mungen,. Niblack,,, Potter, Randall, Reeves, Rogers, Schumaker, Sherrod, Slocum, Joseph ,S.,Smith, Stiles, Stone, -Qwann; Sweeney, "Trimble,1 Van Auken, Voorhees, , WeUs, Kagene M. ,Wilson, Winchester,. Wood, Woodward— -54. Hew, Constitution of Illinois. At the recent election, in July, this instru- ment.wasadppted by the majority of the people 622 POLITICAL MANUAL. of the State. Among its features are the follow ing: SUBMITTED SEPABATELY. Divides the State mte senatorial districts, and provides for the election of one senator and three representatives from the same district; gives each voter as many votes as there are rep resentatives to be elected, and allows him to divide his vote among candidates as he sees fit. BOUNDARIES. Same as the old. BILL OF EIGHTS. No person shall be denied any civil or politi cal right, privilege, or capacity, on account of his religious opinions. Grand juries may be abolished by law (when a better system is de- The fee of land taken for railroad tracks shall remain with the owner, subject only to the use for which it is taken. No irrevocable" grant of special privileges shall be passed. OATH. Members of the Legislature required to take an oath that they have not paid any bribe to secure their election, and that they will not ac cept any gift or bribe for any vote or influence they may give or withhold for any official act. APPBOPEIATIONS. No appropriation of money allowed in any private law, and bills making appropriations for the pay of any officer shall not contain any other provision. The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any cor poration or individual to this State, or to any municipal corporation therein. The general assembly shall never grant or authorize extra compensation, fee, or aUowance to any public officer, agent, servant, or con tractor, after service has been rendered, or a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law ; aud all such authorized agreements or contracts shall be null and void. The State shall never pay, assume, or become responsible for the debts or liabilities of, or in any manner give, loan, or extend its credits to, or in aid of, any puiblic or other corporation, asaociation, or individual. No law shall be passed which shall operate to extend the term of any public officer after his election or appointment. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner, or for any pur pose, to an amount, including existing indebted ness, in the aggregate exceeding five per centum of the value of the taxable property therein, to be ascertained by the last assessment of State and county taxes previous to the incurring of said indebtedness. Railroads are forbidden to consolidate with a competing line. General assembly to fix maximum rates of charges for the different railroads. INDIANA Republican, February 22, 1870. 1. We congratulate the country on the restora tion of law and order in the late rebellious States under the reconstruction measures adopted by the General Government, and upon the prevalence of peace and return of fraternal feeling among the people of all the States under a constitution securing an equality of political and civil rights to all citizenSi without distinction of race or color. 2. That we reverence the Constitution of the United States as the supreme law of the land and a wise embodiment of the principles of free government, and, following its teachings, we will adopt from time to time such amendments as are necessary more completely to establish justice, insure domestic tranquillity, and secure the bless ings of liberty to ourselves and our posterity ; and that we rejoice at the ratification of the XVth Amendment, which forever secures an equality of political rights to all men, and we extend to the colored man a helping hand to en able him in the race of life to improve and ele vate his condition. 3. That the national debt created in the de fense and preservation of the Union, however freat the burden, must be cheerfully borne, until onorably and honestly extinguished in accord ance with the letter and spirit of the several laws authorizing the debt; and that all attempts at repudiation of principal or interest should meet the scorn and denunciation of an honest and patriotic people. 4. That we demand in every department of the Government, from the highest to the lowest, the strictest economy in all expenditures, con sistent with the requirements of the public ser vice; the reduction and abolishment of all extravagant fees and salaries ; the closing of all useless offices and the dismissal of their incum-. bents; and all efforts to these ends, in Congress or elsewhere, have our unqualified approval 5. That a reduction • of taxation is demanded, both of tariff and internal taxes, until it reaches the lowest amount consistent with the credit and necessities of the Government; and that we are in favor of a tariff for revenue, believing that a proper adjustment of duties must necessarily af ford all the incidental protection to which any interest is entitled. 6. That we are in favor of a currency founded on the national credit, as abundant as the trade and commerce of the country demand; and we disapprove of all laws in reference thereto which establish monopoly or inequality therein. 7. That we are opposed to the donation of the public lands, or the grant of subsidies in money to railroads and other corporations; and that we demand the reservations of the public domain for the use of actual settlers and educational purposes. 8. Thatwe reaffirm that of "all who were faith ful in the trials of the late war, there are none entitled1 to more especial honor than the brave soldiers and seamen who endured the hardships of campaign and cruise, and imperiled their lives in the service of their country, and the bounties and pensions provided by law for those brave defenders of the nation are obligations never to be forgotten, and should be paid with- MISCELLANEOUS. 623 out cost to tbe recipient. The widows and or phans of the gallant dead are wards of the nation — a sacred legacy bequeathed to the nation's protecting care. .-• 9. That we approve the general course of our Senators and Bepublican Representatives in Con gress, and express our full and entire confidence that they will act with wisdom and integrity in all that concerns the welfare of the people ; and that we tender thanks to Senator Morton for his exertions in so shaping the legislation of Con gress on the reconstruction of thelate rebel States as to secure the passage of the XVth Amend ment. 10. That we indorse the administration of General Grant as President of the United States, accept the increased collection of revenue, the re duction of expenditures, and payment of a large portion of the public debt as a fulfillment of his promises of economy, and rejoice that the victo rious general of the Union armies should, as a civil officer, receive the last of the rebel States in its return to the national family. 11. Inasmuch as all republican governments depend for their stability and perpetuity on the intelligence and virtue of the people, it is the right and duty of the State and national author ities to establish, foster, and secure the highest moral and intellectual development of the people. 12. That taxation for county and other local purposes has become so great as to be oppressive to the people ; that our system of county admin istration needs reform, and we demand of our representatives in the legislature such changes in the statutes of ihe State as will protect the people from extravagant tax levies by local au thorities; and as an aid to this needed reform, we favor a reduction of the fees of the county officers to a standard which will furnish a fair and reasonable compensation for the services rendered, and that no officer should be favored with salary, fees, or perquisites beyond such fair ana reasonable compensation. 13. That the canal stocks issued under the legislation of 1846 and 1847, commonly called the "Butler bill," were, by the terms of the con tract, charged exclusively upon the Wabash and Erie canal, its revenues and lands, and the faith ofthe State never having been, directly or indi rectly, pledged for the payment or redemption thereof, said canal stocks therefore constitute no part of the outstanding debts or liabilities of the State; that the constitution of this State ought to be amended at the earliest practicable period, so as to prohibit the taking effect of any law or acts of the general assembly proposing to recog nize or create any liability of the State for the said canal stocks, or any part thereof, until such proposition shall have been submitted to a direct vote of the people of the State and approved by them. 14. That we heartily indorse the administra tion of our State affairs by Governor Baker and his associate State officers, and especially con gratulate the people that the time is so near when the State debt will be entirely liquidated. j.. • Democratic, January 8, 1870. - Resolved, That the federal Union, with all the rights and dignity of the several States, should be preserved ; and to secure that great national blessing, the Constitution must be respected and observed, and every approach to centralized des potism defeated, whether attempted by Congress or the Executive. 2. That recent events have, more than ever, convinced us of the infamous and revolutionary character of the reconstruction measures as an invasion of the sovereign and sacred rights of the people and of all the States. 3. That the independence of the Supreme Court of the United States is essential to the safety and security of the States and the people ; and we de clare that the measures of Congress, having in view the destruction of the powers of that court to adjudicate on the constitutionality of the en actments of Congress is a dangerous evidence of the usurpations of the legislative over the judicial department of the Government. 4. That we are in favor of a tariff for revenue only; and we demand that the burdens of taxa tion shall be fairly and equally adjusted, and that such an adjustment cannot be made without striking from the statute book the present and odious tarifflaws, a system of taxation based upon favoritism, and which has destroyed American shipping and commerce, oppressed the people of the great agricultural regions, which compels the many to pay tribute to ,the few, and which has built up monopolies that control not only every American market, but also the legislation of Congress ; and we demand that the prime articles of necessity, such as tea, Coffee, fugar, and salt, shall be placed upon the free list. 5. That we are willing to pay our national debt in strict compliance with our contracts, whether it was made payable in gold or green backs, but we are unwilling to do more than that ; and we declare tbat the five-twenty bonds are payable in greenbacks, or their equivalent; and we condemn the policy of the administra tion, which is squandering millions of money by buying such bonds at a high rate of premium, when the Government has the clear right to re deem them at par. 6. That the national bank syBtem, organized in the interest of th,e bondholders, ought to be abolished, and greenbacks issued in lieu of such bank paper, thus saving millions annually to the people, and giving to the whole people (in stead of the few) the benefits of issuing a paper currency. 7. That the business interests of the countrj demand an increased and maintained volume of the currency ; and the burden of the public debt, the high rate of mterest and taxation, impera tively forbid the contraction of the currency in the interest of the bondholders. 8. That the shares of stock in the national banks ought to be subjected to school and muni cipal taxation on the same conditions as other property ; and we demand of our State legisla ture that the shares of such banks shall be sub jected to equal taxation with other property of the State. 9. That the bonds of the United States ought to be taxed by Congress for national purposea to such an extent as will substantially equalize the taxation of such bonds with other property subject to local taxation. 10. That we denounce the action of our last legislature in attempting to force upon the peo- 624 POLITICAL MANUAL. pie the proposed XVth Amendment to the Con stitution of the United States as in palpable violation of our State constitution, and we sol emnly protest against Indiana being counted for said amendment; and we hereby declare our un alterable opposition to its ratification. 11. That any attempt to regulate the moral ideas, appetites, or innocent amusements of the people by legislation is unwise and despotic. 12. That we are opposed to any change, in the naturalization laws.df tho United States, whereby admission to citizenship will be made more diffi cult or expensive ; aiid we especially denounce the proposed plan of transferring the naturaliza tion of aliens to the courts of the United States, and abridging the powers of State courts in that respect, as a hardship and expense to the poor and friendless candidate for American citizen ship: we recognize the proposed change as the off-shoot of intolerant "Know-Nothingism" — the "twin relic" of radicalism itself. OHIO. Democratic, June 1, 1870. The democracy of Ohio, coming together in the spirit of devotion to the doctrines and faith of free representative government, and relying for success upon discussion and the intelligence of the people, deem the present convention a fitting occasion to reassert the following time-honored principles of the Democratic party : That the federal Government is one of limited powers, derived solely from the Constitution ; that the grants of power made therein ought to be Btrictly construed by all the dependents and agents of the Government, and that it is inexpe dient and dangerous to exercise doubtful powers; That the Constitution of the United States is founded on the fundamental principle, of the, en tire and absolute equality of all the States, of the Union, and it is not competent for Congress to impose upon them any conditions or restrictions. in respect to their internal concerns which the federal Constitution has not imposed ; That the liberal principles embodied by Jeffer son in the Declaration of Independence, and :Banctioned in the Constitution, .which make ours the land of liberty, and the .asylum of the op pressed of every nation, have ever been cardinal principles of the democratic faith, and every attempt to abridge the privileges of becoming .citizens and the owners of soil among us ought to be resisted with theisame spirit which , swept the alien and sedition laws from the statute books ; And, in order that we may more distinctly declare our views of the measures and policy of the present administration, Resolved, That we denounce the present, tariff, as well as the substitute, lately introduced'in the House of , Representatives by the Committee . of Ways and Means, as a gigantic robbery, of the labor and industry of the country ; that they are solely designed to advance the interests of a few thousand monopolies, and that they should no longer be submitted to ; and that no candidate for Congress, nor for. any other office, is worthy of support who is not in favor of a low revenue tariff, which closely approximates to free trade; that in the arrangement of any revenue tariff all the necessaries of life should be absolutely free of duty. 2. That the internal revenue system ofthe United States is unendurable in its oppressive exactions ; that, it should be immediately remod eled; that its annoyances of stamps and licenses and taxes upon sales and incomes should be abol ished; ithat the tax itself should be collected by the State and county officials ; and that the mul tiplication of officers is wholly unnecessary, ex cept to eat out the resources of the tax-payers; and that we .pledge-ourselves.to effect a thorough reform in this particular. We denounce .the profligacy in the present administration of the federal Government, the corruption which has entered all the official stations, the favoritism which, overlooking fitness for office, has appoint ed to positions of public trust the friends or tools of those who control the public patronage, and the imbecility which directs the destiniesof the republic, without an apparent purpose, and man ages. its affairs with such, embarrassment and dis aster to the material interests of . the people at home, and with such disregard of the rights and liberties of its citizens abroad. 3. That land monopoly is one of the great evils of our country and against the spirit of our in stitutions ; that the whole of our public lands ought to be held as a sacred trust to secure home steads for actual settlers; .we therefore denounce the recent action of Congress in making grants to mammoth railroad corporations, which are already too powerful, and may become danger ous to a free people. 4. That we regard the act recently passed *hy Congress to enforce the " Fifteenth Amendment, as unconstitutional, unjust and oppresaive ; an invasion of the rights of the States, subversive of the best interests of the people, and therefore demand its unconditional repeal. 5. That the power, of the federal Government to assess and collect taxes on bonds of the United States is clear and unquestioned; and we de mand of Congress that a share of taxation equal to the fair average amount levied in each State on money loaned! shall be assessed and collected from all investments, made in bonds. 6. That we are opposed to the system of na tional banks, and demand the immediate repeal of the law creating them, and that in place of the notes of such banks treasury notes of the United, States should be substituted. 7. That the Democracy of Ohio sympathize with the efforts of all people struggling for self- government, and that we denounce the truckling of the federal Administration to Great Britain and Spain, and the efforts of the party in power to. reduce whole States in our Union to a condi tion of vassalage to the general Government. 8. That the thanks of the Democracy of Ohio are extended to our Senator, Allen G. Thurman, and the Democratic Representatives in Congress, who, though in a small minority, have bravely contended for the principles of democracy and the interests of the people. 9. That upon the foregoing platform we in vite all the electors of Ohio, without regard to past differences,, to vote for the ticket this day nominated. LXI1. STATISTICAL TABLES. PUBLIC LANDS, REVENUE AND NATIONAL DEBT STATEMENTS. TABLE, showing the area of the land States, the amount of land granted to railroads sold „,* otherwise disposed of, and the amount remaining on hand in each ; States and Territor ies containing public land. Ohio Indiana , Illinois Missouri Alabama. Mississippi Louisiana. "Michigan Arkansas Florida Iowa. Wisconsin California Minnesota Oregon ;... Kansas Nevada Nebraska Washington Ter... New Mexico " ... Utah Dakota " ... Colorado " ... Montana " ... Arizona " ... Idaho " .... Wyoming " .... Indian " .... Alaska " .... Ha13 s c co O 3 3 s» Si o ™-S 1=1 25,576,960.0021,637,760.00 35,462,100.0041,824,000.00 32,462,080.0030,179,810.0026,461,440.0036,128,640.00 33,406,720.00 37,931,520.0035,228,800.0034,511,380.00 120,947,840.00 53,459,840.00 60,975,360.00 62,043,520.00 71,737,600.00 48,636,800.0044,796,160.00 77,568,640.00 64,065,043.20 96,596,128.0066,880,000.00 92,016,640.00 72,906,240.00 65,228,160.00 62,645,068.8044,164,240.00 369,529,600.00 Total 1,834,998,100.00 27,463,521.87 26 a-® 15 n ¦°ls cp.3> es a a o — a a 2,595,053.00 1,715,435.00 2,288,138.50 908,680.29 1,072,405.45 6,686,109.511,793,167.101,760,468.393,415,669.46 1,729,710.05 161,892.56 2,510,283.64 1,813,600.00 2,908.92 12,805,971.0816,122,244.78 19,879,408.27 "22,924,661.21 17,789,351.4512,201,037.03 5,720,319.71 12,381,774.87 8,235,726.57 1,832,431.49 11,773,768.20 10,043,685.78 2,925,668.802,255,884.10 264,902.91285,029.73 62,064.36 442,053.23 300,530.80 480.00 61,638.28 32,859.0182,602.09 9,335.96 E*2 to a c o rt-r- — *- ?" ¦o $ >. a ? S «™ I* — — . u 470 " 25,431,039 42 Total 158,289,139 13 184032.948 03 Estimate of the annual reduction in internal revenue by the act approved July 14, 1870. Source of income. Amount. In special taxes $10,674,000 In gross receipts 6,784,000 In sales 8,804,000 In income 23,700,000 In legacies 1,619,000 In successions 1,364,000 In articles in schedule A 892,000 In passports 25,000 In stamps 1,350,000 Total 65,212,000 Estimate of the annual reduction in internal rev enue by legislation since July 1866. Under what law. Amount By statute of July 13, 1866 $65,000,000 By statute of March 2, 1867 40,000,000 By statute of February 3, 1868 23,000,000 By statute of March 31, 1868 By statute of July 20,1868. By statute of July 14, 1870 56,000,000 45,000,000 O > t-l> Iri STATEMENT OF THE PUBLIC DEBT 07 THE UNITED STATES, JULY 1, 1870. Debt bearing Interest in Coin. Authorizing Acts. June 14, 1858 June 22, 1860 , February 8, 1861. March 2, 1861 July 17 and Au gust 5, 1861. February 25, 1862.. March 3, 1863.. March 3, 1864.. March 3, 1864.. June 30, 1864... March 3, 1865.. March 3, 1865.. March 3, 1865.. March 3, 1865.. Character of issue. Bonds Bonds Bonds, 1881 Bonds, (Ore gon,) 1881. Bonds, 1881.... Bonds, (5-20's).. Bonds, 1881 Bonds, (10-40's) Bonds, (5-20's). Bonds, (5-20's).. Bonds, (5 20's) Bonds, (5-20's).. Bonds, (5-20's). Bonds, (5-20's). Bate of In terest. Registered, 6 per cent. 6 per cent. 6 per cent, 6 per cent. 6 per cent. 6 per cent 6 per cent 6 per cent. 6 per cent. 6 per cent 6 per cent 6 per cent. 6 per cent 6 per cent. Aggregate of debt bearing interest In coin... 839,977,950 1,267,972,750 $5,250,000 6,074,000 13,241,000 118,381,300129,752,500 61,519,550 129,578,450 3,882,500 72,452,850 67,268,550 121,663,550 109,185,200 11,728,500 Coupon. ^(14,760,000 948,000 5,174,000 . 945,000 70,936,800 385,019,100 23,480,45061,988,850 63,108,450 136,058,700211,335,400 270,417,150 30,810,850 Total out standing. $20,000,000 7,022,000 18,415,000 946,000 189,318,100514,771,600 75,000,000 194,567,300 3,882,600 125,661,300203,327,250332,998,950379,602,350 42,539,350 2,107,950,700 Purchased by Treasury. $15,063,700 762,400 16,488,150 9,713,450 47,740,75028,926,650 2,744,000 121,429,100 When Redeemable or Payable. Payable after 15 years from January 1, 1859. Payable after 10 years from January 1, 1861. Payable after December 31, 1880 Redeemable 20 years from July 1, 1801 Payable at option of Government, after 20 years from June 30, 1861. Redeemable after 5 and payable 20 years from May 1, 1862. Payable after June 30, 1881 Redeemable after 10 and payable 40 years from March 1, 1864 Redeemable after 5 and payable 20 years from November 1, 1864. Redeemable after 6 and payable 20 years from November 1, 1864. Redeemable after 5 and payable 20 years from November 1, 1865. Redeemable after 6 and payable 20 years from July 1, 1865. Redeemable after 5 and payable 20 years from July 1, 1867. Redeemable after 5 and payable 20 years from July 1, 1868. Interest due and unpaid.. Accrued In terest. $500,000 00 175,550 00 652,450 00 28,350 00 6,679,643 00 5,147,716 00 2,250,000 00 3,242,788 33 38,825 00 1,255,613 00 2,033,272 60 9,989,968 50 11,388,070 50 1,276,180 60 43,558,327 33 6,088,705 05 49,647,032 38 When payable. January and July. January and July.. January and July. January and July. January and- July. - May and November. January and July. March and Sept. May and November. May and November. May and November. January and July. January and July. January and July. co t*1-3h-l DO i-3 MQ fKi >- tdt-< March 2, 1867, and July 25, 1868. July 23, 1868 Certificates Navy Pension Fund. 3 per cent. 3 per cent . Aggregate of debt bearing interest in lawful money.. Debt bearing Interest in Lawful Money. $40,545,000 00 14,000,000 00 59,515,000 00 On demand Interest only applicable to payment of pensions $277,993 67 210,000 00 487,993 67 Annually or on redemp tion of certificate. January and July. to STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, 1870,-Continued. Debt on which Interest has ceased since maturity. Authorizing Acts. April 15, 1842 January 28, 1847. March 31, 1848.... September 9, 1850... Prior to 1857 December 23, 1857.. March 2, 1861.. July 17, 1861.... March 3, 1863.. March 3, 1863.. March 3, 1863, and June 30, 1864. June 30, 1864 June 30, 1864, and March 3, 1865. Character of Issue. Bonds Bonds Bonds Bonds, (Texas in demnity. Treasury notes.... Treasury notes.... Treasury notes Treasury notes, (3 years.) .Treasury notes, (1 and 2 years.) Certificates of in debtedness. Compound inter est notes. Temporary loan... Treasurynotes, (3 years.) Rate of Inter est 6 per cent.. 6 per cent. 6 per cent. 6 per cent. . Amount out standing. 1 mill to 6 per cent 3' to 5)4 Per cent 6 percent 7 3-10 per cent 5 per cent... 6 per cent.. 6 per cent.. 4, 5, and 6 per cent. 7 3-10 percent. Aggregate of debt on which interest has ceased since maturity. $6,000 00 12,350 00 43,700 00 242,000 00 89,625 35 2,000 00 3,200 00 29,700 00 248,272 00 5,000 00 2,152,910 00 181,310 00 631,300 00 3,647,367 35 When Redeemable or Payable. Matured December 31, 1862.. Matured December 31, 1867.. Matured July 1, 1868 Matured December 31, 1864.. Matured at various dates.. Matured March 1, 1859 Matured April and May, 1863 Matured August 19, and October 1, 186i....i,.i.,....,...,....i.: Matured from January 7 to April 1,1866 Matured at Various dates in 1866 ;-...-. Matured June 10, 1867, and May 15, 1868 ; Matured October 15, 1866....J ; ,.. Matured August 15, 1867, and June 15 and July 15, 1808. Accrued In terest $360 00 741 00 1;311 00 12,100 00 2,938 76 108 00 195 00 1,084 06 12,260 28 313 48 410,668 61 7,501 91 23,042 47 472,530 57 3J OO o i $ Debt bearing no Interest. July 17, 1861 1 February 12,1862. j February 25, 1862.1 July 11, 1862. V- March 3, 1863 J July 17, 1862 ") March 3, 1863 > June 30, 1864- J March 3, 1863 Demand notes.. V. S. legal- /New Issue tender notes (Series 1869.... {1st series.. 2d series ... 3d series ... 4th series.. Certifs. for gold deposited.. Agggregate of debt bearing no interest.. $289,145^032 001 66,854,968 00 j 4,476,995 87 3,273,191 03 10,666,556 52 21,461,941 06 $106,266 00 356,000,000 00 39,878,634 48 34,547,120 00 430,532,060 48 STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, mO-Continued. Recapitulation. Debt bearing interest in coin : Bonds at 6 per cent Bonds at 6 per cent Debt bearing interest in lawful money: Certificates at 3 per cent Navy pension fund, at 3 per cent.. Debt on which interest has ceased since maturity- Debt bearing no interest : Demand and legal-tender notes- Fractional currency. . Certificates of gold deposited Total debt, principal and interest, to date, including interest due and unpaid.. $221,589,300 00 1,886,361,400 00 45,545,000 00 14,000,000 00 356,106,256 00 39,878,684 48 34,647,120 00 Amount outstand ing. $2,107,950,700 00 59,645,000 00 3,647,367 35 430,632,060 48 2,601,675,127 83 Interest $49,647,032 38 487,993 67 472,530 67 60,607,556 52 Amount in Treasury: $112,776,048; Coin 28,946,067 19 Smkingfed.'m'um^ IHS'Sr S? Other United States coin interest bonds purchased, and accrued interest thereon bb,537,77i> ji Debt, less amount in the Treasury. Debt, leBS amount ia the Treasury on the 1st ultimo. Decrease of debt during the past month Decrease of debt since March 1, 1870 Totals. $2,652,282,684 35 265,924,084 61 OH >1-3 Ht UI 1-3t-t Ot>1>tsfmUI 2,386,358,599 74 2,406,562,371 78 20,203,772 04 61,969,877 43 OS K>to OSOS © STATEMENT OF THE PUBLIC DEBT OF THE UNITED STATES, JULY 1, 1870.-Continued. Bonds issued to the Pacific Railroad Companies, Interest payable in Lawful Money. Authorizing acts. Character of issue. Rate of in Amount out When redeemable or Interest payable. Interest ac Interest paid Interest repaid Balance of inter terest standing. payable. crued and by United by transportat'n of mails, &c. est paid by Uni not yet paid. States. ted States. July 1, 1862, and July Bonds, (UnionPacific 6 per cent. $27,075,000 00 Payable 30 years from January 1 and $812,250 00 $2,891,729 85 $1,289,676 87 $1,602,152 98 2,1864. Company.) date. July 1. July 1, 1862, and July Bonds, (Kansas Pa 6 per cent. 6,303,000 00 Payable 30 years from January 1 and 189,090 00 1,023,903 09 684,369 12 339,543 97 2,1864. cific, late U. P., E. D.) Bonds, (Sioux City date. July 1. July 1, 1862, and July 6 per cent. 1,628,320 00 Payable 30 years from January 1 and 48,849 60 146,358 29 396 08 144,962 21 2,1864. and Pacific.) date. July 1. July 1, 1862, and July Bonds, (Central Pa 6 per cent. 25,881,000 00 Payable 30 years from January 1 and 770,605 78 2,491,744 26 164,054 17 2,327,690 09 2, 1864. cific.) date. July 1. July 1, 1862, and July Bonds,(Cent'l Branch 6 per cent. 1,600,000 00 Payable 30 years from January 1 and 48,000 00 253,808 26 7,401 92 246,406 34 2,1864. Union Pacific, as signees of Atchison and Pike's Peak.) date. July 1. July 1, 1862, and July Bonds, (Western Pa 6 per cent. 1,970,000 00 Payable 30 years from January 1 and 67,966 40 73,288 76 73,288 76 2,1864. cific.) date. July 1. 64,457,320 00 1,926,761 78 6,879,832 61 2,145,788 16 4,734,044 35 ' -0o t-l >>t-i The foregoing is a correct statement of the public debt, as appears from the books and Treasurer's returns in the department at the close of business on the last day of June, 1870. . GEORGE S. BOUTWELL, Sea-etary of the Treasury. INDEX. Abbott, John C, Senator in 40th Congress, 383; in 41st, 407, 507; motion on currency bill, 588. Adams, Geokoe M., Representative in 40th Congress, 348, 384: in 41st, 408, 508. Admission, of Tennessee, 152; of Arkansas, 337; ofNorth Carolina, South Carolina, Louisiana, Alabama, and Florida, 337, 338 ; of Virginia, Mississippi, and Tex as, 572-579; of Georgia, 337-341, 393, 009-615. Aikes, William, claimant to seat in 39th Congress, 108. Akerman, Amos T , Attorney General, note, 507. Alabama, reconstruction facts in. 12, 21, 34; resolutions of legislature, 22 ; laws on freedmen, 33, 34; vote of legislature of 1800 on XlVth constitutional amend ment, 194, 260; ratified XlVth amendment, 428; made part of third military district, 200: resolu tion of grand council of Union league of, in 1867, 249, 250 ; orders and action of the military therein, 204-206, 319-321 ; abstract of new constitution of, 327; restoration to representation, 337, 339, 340,341; election returns in, 372; William H. Smith, gov ernor, ordered to convene the legislature, 428 ; mil itary rule withdrawn, 422, 428 ; vote of legislature on XVth amendment, 557; claimants from, in 39th Congress, 107, 108 ; in 40th, 183, 348 ; Senators and Representatives in 40th Congress, 383, 384; in 41st, 407, 60S; apportionment of currency in, 596; appor tionment of representation under census of 1860, 585 ; presidential vote in 1S60, 372; in 1868, 499 ; reg istration and disfranchisement in, and vote on con stitutional conventions and on ratifying new con stitution, 374. Alcorn, James L., claimant to seat in 39th Congress, 107; elected Governor of Mississippi, 260. Allet, John B., Representative in 39th Congress, 108. Allison, Abraham K., president of the rebel senate of Florida, call of, for election, and General Gillmore's order annulling, 24. Allison, William B., Representative in 39th Congress, 10S; in 40th, 183, 348, 384; in 41st, 408, 508; motions on public credit bill, 396, 413; motion on currency bill, 594. Ambler, Jacob A., Representative in 41st Congress, 408, 508. Amendments, bill to regulate mode of ratifying consti tutional, 621. Amendments, Constitutional. Fourteenth— President Johnson's message and Secretary Seward's report upon, 83,84; votes adopting, 102; preliminary votes and propositions, 103-106; text of, 192,648; votes of legislatures upon, 194,353; proposed substitute for, 258; ratification of. 379. Fifteenth— congres sional proceedings on, 399-406 ; resolution as to ef fect of, 415; votes of State legislatures on, 488,557- 562 ; ratifying votes, proclamation, bills enforcing, and votes thereon, 545-572. Proposed Sixteenth, 506; proposed religious, 506. Ames, Adelbert, Senator in 41st Congress, 507; appoint ed military governor of Mississippi, 323 ; resolution concerning, 481. Ames, Oaeeb, Representative in 39th Congress, 108; in 40th, 182, 347, 383 ; in 41st, 407, 507. Amnesty, President Johnson's proclamations of, 9, 342, 344, 419 ; Mr. Seward's accompanying circular, 10 ; resolutions of political conventions on, 249,365, 367, 478, 481. 483i; votes on resolution for general am nesty, 582, 583. Ahoona, Sydenham E., Representative in 39th Congress, 108 ; resolution on Fenians, 113. Anderson, George W., Representative in 30th Congress, 108 ; in 40th, 183, 348, 384. Anthony, Henry B., Senator in 39th Congress, 107; in 40th, 182, 347, 383 ; in 41st, 407, 507. Anti-slavery or. XIIIth Constitutional Amendment, announcement of ratification of, 6; action of in surrectionary States on, 19-24; President John son's telegrams respecting, 22,23, 25; resolutions of political conventions on, 117, 123, 247, 363. Applegate, A. J., appointed Lieutenant Governor of Alabama, 428. Appointments to Office, President Johnson's order respecting, 7. Apportionment of Representation under census of 1860, 125, 585; votes in 1870 to make a new, 583, 585. Arohbr, Stevenson, Representative in 40th Congress, 182, 348, 384; in 41st, 407, 608. Arkansas, President Johnson's telegram to Governor Murphy, 28 ; claimants in 39th Congress, 1 07, 108, 183 ; vote of legislature of 1886 on XlVth amendment, 194; ratified XI Vth amendment, 353 ; made part of fourth military district, 200; Republican platform of 1867, 250, 251; orders and action of the military therein, 206, 321-323 ; new constitution of, 327; res toration to representation, 337-339 : Senators and Representatives in 40th Congress, 347, 348, 3S-1 ; in 41st, 407, 507 ; military rule withdrawn, 422, 428, 429 ; date of withdrawal of military rule, 428: vote on XVth amendment, 488; apportionment of cur rency in, 596 ; apportionment of representation under census of I860, 5S5; Presidential vote, in 1860, 372; in 1868, 499; vote on calling constitu tional convention and ratifying constitution, 374. Armstrong, William H., Representative in 4lst Con gress, 407, 508. Arnell, Samuel M., Representative in 39th Congress, 108, 182; in 40th, 348, 384; in 4ist,408. 508. Arnold, Samuel, President Johnson's order for the ex ecution of sentence upon, 7. Articles of Impeachment against Andrew Johnson, an swer of, and j udgment of the Senate, 2GU-1 82. Ashburn, George W., order on assassination of, 3J0. Ashley, Delos R., Representative in 39th Congress. 108; in 40th. 182. 348, 384. i Ashley, James M., Representative in 39th Congress, 108; in 40th, 183, 348, 384; action on impeachment of President Johnson, 187, ISO. Asper, Joel F. , Representative in 41st Congress, 40S, 60S. Assassins or Abraham Lincoln. President Johnson's orders for trial and punishment of 7; withdrawal of reward for John 1-1. Surratt and others, 10S; re fusal of writ of habeas corpus in case of, -2C.0. Attorneys' Test-oath, votes in House on repealing. Ill, 185; opinion of Supreme Court upon, 220--39; orders of court on, note, 226, 228. Atwood, David, Representative in 41st Congress, note, Atzerodt, G. A., President Johnson's order for the execution of sentence upon. 7; order respecting reward for, 198 ; application for habeas corpus, 260. Axtell, Samuel B., Representative in 40th Congress, 348. 384; in 41st, 408, 50S. Ayer, Richard S., Representative in 41st Congress, 508. Bailey, Alexander H., Representative in 40th Congress, note, 348, 383; in 41st, 407, 508. Baker, Jehu, Representative m 39th Congress, 108 ; in 40th, 183, 348, 384. 631 632 INDEX. Baker, Joshua, appointed governor of Louisiana, 325. Baldwin, John B., reply of President Johnson to, 56-58. Baldwin, JohnD., Representative in 3uth Congress, 108; in 40th, 182, 347, 383. Baltimore Troubles of 1806, General Grant's record upen, 297, 305, 300. Banking and Currency, legislation on, 586-596; resolu tions touching questions of, 391, 392, 579, 580. Banking System, National, resolutions of political con ventions on, 480, 483. Banks, tables showing taxation on. 373; right ofthe United States to tax State, 523-530 ; right of States to tax national, 530, 532; sundry propositions to re strict as to circulation, rate of interest charged by, and interest on United States bonds held by, 589, 590, 594; Mr. Morgan's proposition for repeal of all acts authorizing the issue of national bank notes, 593; amount received from tax on, 373, 026. Banks, Nathaniel P., Representative in 39th Congress, 108; in 40th. 182,347, 3S3; in 41st, 407,508; reports Cuban resolution, 619. Barbour, B. Johnson, claimant to seat as Representative in 39th Congress, 108. Barker, Abraham A., Representative in 39th Congress, 1US. Barker, Jacob, claimant to seat as Representative in 39th Congress, 10S. Barnes, Demas, Representative in 40th Congress, 182, 347, 3S3. Barnum, William H., Representative in 40th Congress, 3-17, 3S3; in 41st, 407, note, 508. Barry. Henry W., Representative in41st Congress, 508. Lattle, Cullen A., claimant to seat as Representative in 39th Congress, 108. Baxter, ELi6nA, claimantto seat as Senator in 39th Con gress, 107; in 40th, 183. Baxter, Portus, Representative.in 39th Congress, 108, Bayard, James A., Senator in 40th Congress, note, 347, 383; motions on XVth amendment, 402, 404;. as to public credit bill, 390 Bayard. Thomas F., Senator in 41st Congress, 407, 507 ; funding motion, 601; motion to tax bonds, 007. Beale, W. H. R., Grant's recommendation for pardon of, 301. 305. Beaman, Fernando C, Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41st, 408, 608; report on impeachment, 266. Beatty, John, Representative in 40th Congress, note, 348, 384; in 41 st, 408, 508. Beck, James B., Representative in 40th Congress, 348, 384; in 41st, 408, 508; substitute for Mississippi bill, 077 ; for Texas bill, 579 ,- motion to tax interest on bonds, 606. Belknap, William W., Secretary of War, note, 507. Bell, James H., telegram to Secretary Seward and re ply, 199. Benjamin, John F., Representative in 39th Congress, 10S-; in 40th, 183, 348, 384; in 41st, 408, 608. Bennett, David S., Representative in, 41st Congress, 407, 508. Benton, Jacob, Representative in 40th Congress, 182, 347, 383; in 41st, 407, 507. Bergen, Teunis G., Representative in 39th Congress. 108, Bidwell, John, Representative in 39th Congress, 108. Biggs, Benjamin T., Representative in 41st Congress, 407,508. Bingham, John A., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508 ; report on im munities of citizens, 105; joint resolution for the restoration of Tennessee, 105, 161, 152; amendment to resolution on President's policy, 111; motion respecting the transfer, suspension, or removal of the general commanding the armies, 178; bill to validate certain proclamations and acts of the President, 185; report on impeachment, 266; on committee to prepare articles of impeachment, 206: manager of impeachment, 271; motions as to XVth amendment, 400, 406; reports enforcing bill, 650; substitute for Virginia bill, 674; proviso to Georgia bill, 611; motion on Cuban resolution, 620; substitute for same, 621 ; reports bill to regulate mode of ratifying constitutional amendment, 621. Bird, John T., representative in 41st Congress, 407, 608. Black, Jeremiah S., of counsel of Andrew Johnson, 271. Blackburn, W. Jasper, Representative in 40th Congress. 348, 384. e ' Blaine, James G., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383 ; Speaker in 41st, 407, 607. Blair, Austin, Representative in 40th Congress, 183, 348, 384; in 41st, 408, 608 ; funding motion, C02. Blair, Francis P., nominated for Vice President, 371; letter of acceptance, 309 ; preceding speech and letter to Colonel Brodhead, 380, 381. Blair, Montgomery, President Johnson's telegram to on reconstruction, 199. Blockade, proclamations concerning, 7, 9, 13. Blow, Henry T., Representative in 39th Congress, 108. Boles, Thomas, Representative in 40th Congress, 348, :-,84 ; in 41st, 408, 508. Bonds or United States, resolutions of political conven tions as to payment of or tax upon, 364, 367, 480, 482 ; amount issued to Pacific railroad companies, 630. Booker, George W., Representative in 41st Congress, 508. Booth, John Wilkes, President Johnson's order re specting reward for, 198. Boreman, Arthur I., Senator in 41st Congress, 407, 507 ; funding motion, 601. Borie, Adolph >:., Secretary of Navy, and resignation of, 407. * Boutwell, George S., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383 ; in 41st, resignation of, note, 407 ; resolution for trial of Jeff. Davis, 113 ; bill to prescribe test-oath for attorneys, 184; mo tions on XVth amendment, 405; Secretary of the Treasury, 406, 507; reports on impeachment of An drew Johnson, 264, 266; on committee to prepare articles of impeachment, 206; manager of impeach ment, 271. Bowen, Christopher C. Representative in 40th Cori- gress, 318. 384 ; in 41st, 407, 508. Boyce, Henry, claimant to seat as Senator in 39th Con gress. 107; in 40th, 183. Boyd, Sempronius H., Representative in 41st Congress, 408, 608. Boyden, Nathaniel, Representative in 40th Congress, 348, 384. Boyer, Benjamin M., Representative in 39th Congress, 108 ; in 40th, 182, 348, 384. Branch, A. M., claimant *to seat as Representative in 39th Congress, 182. ; Brandegee, Augustus, Representative in 39th Congress, 108 Bromwell, Henry P. H., Representative in 39th Con gress. 108 ; in 40th, 183, 348, 384. Brooks, George M., Representative in 41st Congress, note, SOS. Brooks, James, Representative in 30th Congress, un seated, note, 108 ; in 40th, 182, 347, 383 ; in 41st, 407, 508. Broomall, John M., Representative in 39th Congress, 108; in 10th, 182, 348, 384; resolutions of, on recon struction, note, 111-113; resolution declaring re pudiation odious, 392. Brown, B. Gratz, Senator in 39th Congress, 107. Brown. Joseph E., governor of Georgia, call for rebel legislature, 20; border of General Gillmore revok ing, 20; decision on intermarriage of white and colored persons in Georgia, 474; opinion on eligi bility to office in Georgia of colored persons, 470. Browning, Orville H., call for National Union Conven tion, 119 ; Secretary of the Interior, 181, 347, 383; letter of, on General Grant, 289. Brownlow, William G., Senator in 41st Congress, 407, 507 ; elected Governor of Tennessee, 27 ; President Johnson's telegram to, in 1865, respecting election, 199 ; proclamation of, in 1807, 208. Buchanan, Hugh, claimant to seat as Representative in 39th Congress, 108. Buchanan, General, General Grant's telegram to, 325; in temporary command in Louisiana, 422. Buck, Alfred E., Representative in 41st Congress, 608. Buckalew, Charles R., Senator in 39th Congress, 107; in 40th, 182, 347, 383 ; motion on XVth amendment, 402 ; resolution upon, 123. Buokingham, William A., Senator in 41st Congress, 407, 507 : motions on funding bill, 600. Buckland, Ralph P., Representative in 39th Congress, 108 ; in 40th, 183, 348. 884. Buckley, Charles W., Representative in 40th Congress, 848,384; in 41st, 508. Buffinton, James, Representative in 41st Congress, 407, 607. Bullock, Rufus B., appointed Governor of Georgia, 428 ; order to organize the legislature, 428. Bundy, Hezekiah S., Representative in 39th Congress, 108. B-urohard, Horatio C, Representative in 41st Con- , gress, note, 508 ; motion on currency bill, 594. Burdett, Samuel S., Representative in 41st Congress, 408, 608. Burnett, David G., claimant to seat as Senator in 39th , Congress, 182. Burr, Albert G., Representative in 40th Congress, 183, 348, 384 : in 41st, 408, 608. Butler, Benjamin F., Representative in 40th Congress, 182,347,383; in 41st, 407, 608; resolutions reported ' INDEX. 633 by, at Pittsburg convention for soldiers and sail ors, in 1866, 242, 243; amendment to reconstruction bill, 338; manager of impeachment, 271; objects to Georgia electoral vote, 394; reports Mississippi bill, 410, 411; tenure-of-office act, 414; reports Texas bill with conditions, 578; motion on fund ing bill, 603; reports bill for restoration of Geor- fia, 611; reports Senate amendment to Georgia ill, 614. Butler, Roderick R., Representative in 40th Congress, 348,384; in 41st, 408, 608. Byers. William, claimant to seat as Representative in 39th Congress, 108. C Cabaniss, E. G., claimant to seat as Representative in SDth Congress, 108. Cabinet of President Johnson, members of, 107, 181, 347, 383. Cabinet of President Grant, 406, 407, 507. Cesar Griffin Case, opinions in the, 457-466. Cake, Henry L., Representative in 40th Congress, 182, 348,384; in 41st, 407; 508. California, Republican and Democratic platforms, 478, 479; vote on XlVth amendment, 353; on XVth amendment, 557 ; Senators and Representatives in S9th Congress, 107; in 40th, 182,347,383; in 41st, 407, 607 ; apportionment of currency in, 596 ; appor tionment of representation under census of 1860, 585. Calkin, Hervey C, Representative in 41st Congress, 407, 508. Call, Wilkerson, claimant to seat in 39th Congress, 107. Callis, John B., Representative in 40th Congress, 348, 384. Cameron. Simon, Senator in 40th Congress, 182, 347, 383; . in 41st, 407, 507 ; proviso to Northern Pacific Rail road bill, 568; funding motion, 601. Campbell, James B. , claimant to seat as Senator in 39th Congress, 182. Campbell, James H., reports Union Pacific railroad bill, 555. Campbell, John A., President Johnson's release of, 14 ; action respecting restoration of Virginia, 26. Campbell, Lewis D., resolutions reported by, at Cleve land convention of soldiers and sailors in 1866, 243. Campbell, William B., Representative in 39th Congress, 108, 182. Canby, E. R. S., Major General, telegrams forbidding meeting of rebel legislatures, 19 ; order of, sus pending certain officers in New Orleans, 28 ; orders of, in third military district, 318, 319; orderassign- ing to second district, 345; assigned to department of Washinaton, 422; to first military district, 4J4 ; to fifth and department, of Texas, 424; ineommand first district, orders all civil officers to take test- oath, as to registration and voting, extending stay law and guarding against fraud, 420; justifies his 'test-oath order, 426, 427; in second military dis trict annuls railroad appointments and withdraws military rule from North and South Carolina, 427, 428; in command of fifth district, reassembles Texas constitutional convention, military posts, apprenticeship and education of children, real estate sales, indigent educational fund, relin quishes command, 420, 430. Carpenter, Matthew H., Senator in 41st Congress, 407, 507; motion on enforcment bill, 556. Cartter, David K., Chief Justice Supreme Court Dis trict of Columbia, opinions on test-oath, 231-236. Cary, Samuel F., Representative in 40th Congress, note, 348, 384. Casserly, Eugene, Senator in 41st Congress, 407, 507 ; motion on enforcing bill, 556; on Northern Pa"ific railroad bill, 568; on currency bill, 590 ; resolutions concerning, 479. Cattell, Alexander G., Senator in 39th Congress, 181 ; in 40th, 182, 347, 383; in 41st, 407, 507. Census of 1860, showing population of each State and ¦ the representation of each, together with the Pres idential vote of I860, and other facts bearing on representation, 125. . Central Branch Union Pacific Railroad Company, Uni ted States bonds issued to, 503, 030. Central Pacific Railroad Company, United States bonds issued to, 603, 630. - ... Cebsation of Hostilities, Democratic resolution for, in 1864, 118. Cessna, John, Representative in 41st Congress, 407, 508 ; motion on amnesty, 582. Chandler, Lucius H.,elaimant to seat as Representative in 39th'Congres3, 108. Chamdlee, Zachariah, Senator in 39th Congress, 107 ; in 40th, 182, 347, 383; in 41st, 407, 607 ; motion respect ing Mr. Stanton's removal, 263 ; motion on curren cy bill, 6S9. Chanler, John W., Representative in 39th Congress, 108; in 40th,- 182, 347,383. Chase, Salmon P., Chief Justice, administration of oath to President Johnson,"44; President Johnson's al lusions to, 135, 140; opinion on habeas corpus ease, 217-220; opinion in Mississippi injunction case, 239, 240; oath as presiding officer at impeachment trial, 271; motions proposing thanks to, 35(1, 308; vote for nomination for President. 371; dissenting opinion in Crandall vs. Nevada, 436, 437; opinion of, in United States Supreme Court on State taxation of United States certificates, 437-439 ; on State tax ation of United States notes, 439, 440; on tho legal ity of tender of United States notes for State taxes, 440-443; on express contracts to pay coined dol lars, 443-447; on the status of the State of Texas, 448-454; in tho McCardle case, 450, 457; the Cassar , Griffin case, 457-462; on validity of contracts in confederate money, 509-511; on constitutionality of legal-tender clause as to prior contracts, 51:!- 519 ; on right of United States Government to tax State banks, 523-528. Chilton, George W., claimant to seat as Representative in 39th Congress, 182. Chinese Naturalization, vote in the Senate on, 619 ; res olutions ofpolitical conventions on, 478, 479. Christy, John H., claimant to seat as Representative in 39th Congress, 108; in 40th, 348. Churchill, John C, Representative in 40th Congress, 182, 348, 383 ; in 41st, 407, 608. Circulation of Currency in the various States, 596. Citizenship, constitutional amendment on, 102; legis lation respectiDg, 78, 646-650. Civil Rights, legislation respecting conferring, on freedmen in insurrectionary States, 29-44. Civil-rights Act, veto of, copy of, and votes upon. 74-80. Civil-tenure Act, veto of, copy of, and votes upon, 173-178. Clark, Charles C, claimant to seat as Representative in 39th Congress, 108. Clark. Charles, President Johnson's release of. 14; call as governor for extra session of rebel legis lature of Mississippi, 19. Clark, Daniel, Senator in 39th Congress, 108 ; resigna tion of, Kl. Clark, William T., Representative in 41st Congress, 508. Clarke, Reader W.. Representative in 39th Congress, 108; in 40th. 183, 348, 384. Clarke. Sidney, Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 408,508; resolutions on impeachment, 190; motion on Northern Pacific railroad bill, 570. Clay, Clement C, President Johnson's order for arrest of, 8 ; release of, note, 8. Cleary, William 0., President Johnson's order for ar rest of, 8; order revoking reward for, 198. Cleveland, Orestes, Representative in 41st Congress, 407, 508. Clifford, Nathan, Justice, Supreme Court United States, dissenting opinion in Crandall vs. Nevada, Clift, J. W., Representative in 40th Congress, 348, 384. Coal, vote on proposed abolition of duty on, 682. Cobb, Amasa, Representative in 39th Congress, 108; m 40th, 183, 348. 384 ; in 41st, 408, 508. Cobb, Clinton L., Representative in 41st Congress, 407, 608. . ,„„ Coburn, John, Representative in 40th Congress, 183, 348, 384; in 4lst, 408, 508; motions on Northern Pacific railroad bill, 571 ; apportionment proposi tion, 585; motion on currency bill, 594; oniunding bill, 002. Coffroth, Alexander H., Representative in 39th Con gress, note, 108. Cohen, Solomon, claimant to seat as Representative in 39th Congress, 108. Coin Contracts, opinion of Supreme Court United States as to, 443-448. Cole, Cornelius, Senator in 40th Congress, 182, 347, 383 ; in 41st, 407, 507. Colfax, SonuYLER, Speaker House of Representatives 39th Congress,108; in40th,182, 347.3S3; nominated for Vice President. 366; letter of acceptance, 360; declared elected Vice President, 395; Vice Presi dent and President of Senate 41st Congress, 407, 507. Colorado, first bill for admission of, veto and votes, 81-83 ; second bill, veto and votes, 160-104. Colored people, legislation respecting, by the recon- 634 INDEX. structed State governments of 1865, 29-44; Presi dent Johnson's interview with, 62-56; address to, 63 ; conventions of, in insurrectionary States, 18, 20, 21-24; constitutional amendment (XlVth) se curing citizenship of, 417-419; constitutional amendment (XVth) securing suffrage for, 399-406, 545, 546 ; act to enforce both, 546-650. Colored Soldiers, President Johnson's address to, 49- 52 ; Genera] Grant's letter on protecting, 295. Colored Suffrage, President Johnson's telegram to Provisional Governor Sharkey, 19,20; President Lincoln to Governor Hahn, note, 20; President Johnson's allusions to, 24, 49, 52-55 ; proposed in District of Columbia, 114-116; in Territories, 116, 184; proposed in Connecticut and vote, 120; in District of Columbia, 114-116, 154-160 ; in insurrec tionary States, 192; in various loyal States, 257, 258. 363,354: constitutional amendment to secure, 399-406, 545, 546; act to enforce, 646-550; resolu tions of political conventions on, 123, 124, 244, 248, 249, 478, 479, 480, 481, 482. 483, 484, 486. Colored Volunteers, bill to suspend pigment of bounty to former owners of, 186. Commander-in-Chief, of the army, headquarters perma nently fixed, protest of President Johnson and vote upon, 178. Commerce, Grant's messages on American, 540, 541, 616. Commercial Intercourse, President Johnson's orders respecting, 7, 9, 13. Confederate Money, on the validity of contracts in, 509-511. Confiscated Lands, bill to restore to loyal owners, 187. Conger, Omar D., Representative in 41st Congress, 408, 60S. Congress, members of the 39th, 107; of the 39th, 2d session, and 40th, 1st session, 181,182; 40th, 2d ses sion, 347, 348 ; 40th, 3d session, 383,384; of the41st, 407, 507. Congress, resolution on duty of, to guarantee a repub lican form of government, 112; President John son's telegram to Provisional Governor Perry on organization of 39th, 24; members of 39th Con gress, 107, 108, 181, 182; of 40th, 182,183, 347; of 41st, 407, 507 : President Johnson's description of. "as a body hanging upon the verge of the Gov ernment," 127; other allusions to, 128, 129, 135, 137, 138, 142. Conkling, Roscoe, Representative in 39th Congress, 108 ; Senator in 40th, 182, 347, 383 ; in 41st, 407, 507 ; motion respecting Alabama, 341; motion on cur rency bill, 588. 589; to strike out income tax, 607, 608; reports naturalization bill substitute, 618. Connecticut, election of 1865 on colored suffrage and election of 1866,120; election of 1867, 259; party platforms in 1867, 213,244; election of 1^68,372; vote on XlVth amendment. 194; vote on XVth amendment, 488, 489; election of 1869, 606; Sena tors and Representatives in 39th Congress, 107 ; in 40th, 182, 348,383; in 41st, 407, 507 ; apportionment of currency in, 596; apportionment of representa tion under census of I860, 685 ; Presidential vote of 1860 and 1864, 372; of 1868, 499. Conner, John C, Representative in 41st Congress, 508. Conness, John, Senator in 39th Congress, 107 ; in 40th 182. 347, 383; motion as to XVth constitutional amendment, 401. Conrad, Robert Y., claimant to seat as Representative in 39th Congress, 108. Constitutional Amendment, text of XlVth, 102. and pro ceedings respecting, 191, 194; 352, 353, 379, 380; XVth, Congressional proceedings upon, 399-^06; text of, 545, 546, and proceedings respecting, 657, 562. Constitutional Amendments, bill to regulate mode of ratifying, 621. Constitution of Illinois, new, 621. Constitution of New York, proposed, 326. Constitution of the United States, copy of, 1-6; XlVth amendment, 102; XVth amendment, 399 ; Mr. Sew ard's certificate of ratification of the anti-slavery amendment, 6; President Johnson's message on proposed amendment to, 83; votes on propositions of amendment, 102-106; votes of legislatures on the XlVth amendment, 194,853; on the XVth, 488-498, 667-562; proposed substitute for XlVth, 258; rati fication of XlVth amendment 418; text of and vote on XVth amendment, 399-400; proposed XVIth amendment to, 606; proposed religious amendment to, 606. Constitutions (new) of Maryland, Alabama, Arkansas, Florida, Louisiana, Georgia, North Carolina.South Carolina, Virginia, Mississippi, 326-335; Texas, 430- 432; proposed in New York, but not adopted, 326, Constitutionality or Legax-tender Clause, as it relates to contracts made prior to its adoption, 611-523. Contracts in Confederate Money, on the validity of, 609-611. Contracts Prior to Adoption of Legal- tender Clause, 511-523. Contracts, express, to pay coin, 443-448. v Conventions, call for National Union, at Philadelphia, 14th August, 1866, 118; resolutions of, 240, 241 ; reso lutions of Union National of 1864, 117 ; of Demo cratic National of 1864, 118; of Pennsylvania Union and Democratic of 1866, 123; Maryland Union, 1866, 124; call for Southern Unionists', 124; resolu tions of, 241; of Pittsburg soldiers and sailors', 242; of Cleveland soldiers and sailors', 243 ; other, of 1867, 243-267 ; resolutions of National, of 1852, 1856, 1860, and 1864,366-364; of 1868, 364-368; State Elatforms of 1869: California. Republican and 'emocratic, 478; Iowa, Republican and Demo cratic. 479: Mississippi, Republican and Conserv ative Republican, 480-482; Ohio, Republican and Democratic, 482; Pennsylvania, Republican and Democratic, 484-486; Washington Territory, Re publican and Democratic, 4S7"; State platforms of 1870: Indiana, Republican and Democratic, C22- 624; Ohio. Democratic, 6 i4. Cook, Burton C, Representative in 39th Congress, 108; in 40th. IKS, 3-18,884: in 41st, 408. 608; bill to sus pend payment of bounty to former owners of col ored volunteers, 186. Cook, Philip, claimant to seat as Representative in G9ih Congress, 108. Cooke, General P. St. G., to department of Cumberland, 4-25. Coolie Question, resolutions of political conventions on, 478, 479. Cooper, Edmund, telegram respecting peace proclama tion, 17; representative in 89th Congress. 108, 182. Corbett, Henry W., Senator in 40th Congress. 182. 317, 383; in 41st, 407, 507 ; motion respecting .Mr. Stan ton's suspension, 263; motion on XVth constitu tional amendment, 402; motion on funding bill, 600, Corley, Simeon, Representative in 40th Congress, 348, 384. Cornell, Thomas, Representative in 40th Congress, 1S2, 847, 383. County of Lane vs. The State of Oregon, opinion of the Supreme Court United States in case of. 440-443. Covode, John, Representative in 40th Congress, 18-2, 348, 384; in 41st, 508. Cowan, Edgar, call for National Union Convention, 119 ; Senator in 39th Congress, 107; proposition for fe male suffrage, 184 ; resolutions upon, 1-3; resolu tions reported by, in National Union Convention ' of 1S66, 2J0, 241. Cowles, George W., Representative in 41st Congress, 407, 60S. Cox, Jacob D'., Secretary of the Interior, 407, 507. C ,x, Samuel R., Representative in 41st Congress, note, 407 ; note, 508 ; general amnesty resolution, 582; mo tion on income tax, 605. Cragin, Aaron H.. Senator in 39th Congress, 107; in 40th, 182, 347, 383 ; in 41st, 407. 507. Crandall, Willtam H., vs. The State of Nevada, opin ion ofthe Supreme Court United States, 433-437. Crebs, John M., Representative ¦ in 41st Congress, 408, 508. Credit, bill to strengthen public, 395, 397, ("pocketed" by President Johnson;) act, 412, 413, (approved by President Grant.) Creswell, John A. J., Senator in 39th Congress, 107; Postmaster General, 407, 607. Crook, George, General, to department of the Colum bia, 422. Cuba, Grant's message as to, 542, 544. Cuban Question, congressional proceedings on, 619. Cullom. Shelby M., Representative in 39th I ongress, 108; in 40th, 183, 348, 384; in 41st, 40S, 508. Culver, Charles V., Representative in 39th Congress, 108. Cummings, John A., vs. State op Missouri, opinion of Su preme Court on. 220-226. Currency, resolutions touching the, 391, 092, S79, 580, 6S1 ; uct on banking aud, 586-506 ; action under, 596, Curtis. Benjamin R., of counsel of Andrew Johnson. 271. Custis, W. H. B., claimant to seat as Representative in 39th Congress, 108. Cutler, R. King, claimant to seat as Senator in 39th Congress, 107. D Daniel, Raleigh T., Virginia election dispatch to President Grant, 506. Darling, William A., Representative in 39th Congress, 108. r u INDEX. 685 . Darrall, Chester B., Representative in 41st Congross, 508. Davis, Beverly A., claimant to seat as Representative in 30th Congress, 10S. Davis, David, Justice, opinion in Milligan case, 209-217 ; indorsements of, 244, 248. ' Davis, Garrett, Senator in 39th Congress, 107 ; in 40th, 1S2, 347, 383; in 41st, 407, 607; motion in the im peachment trial as to the competency of tlie court, 271; motion as to general disability bill, 393; mo tions on XVth amendment, 405 ; motion on enforc ing bill, 505; currency bill, 689; financial bill, 599; incomotax, 60S. ' Davis, Jefferson-, President Johnson's order for arrest of, 7; resolutions for trial of, 113; President John son's allusions to, 135, 140; memorial of Legisla ture of Mississippi for pardon of, 20; order respect ing reward for, 198. , '. . Davis, Noah, Representative in 41st Congress, 407, 608; funding bill motions, 603, 604; introduces naturali zation bill, 618. ' Davis, Thomas T., Representative in 39th Congress, 108; motion to table impeachment resolution, 188. Dawes, Henry L., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383; in 41st, 407, 508; moves substi tute to Georgia bill, 014. Dawson, John L., Representative in 39th Congress, 108. Debt of United States, since 1857, 126, 259, 374, 500-502, • 627-630; act to authorize the refunding of the na tional, 597; McNeely's resolution on purchasing the, 580; resolutions of political conventions on mode of payment, 123, 249, 252, 304, 480, 482. Decisions, Judioiax, 434-476, 509-532. Defrees, Joseph H., Representative in 39th Congress, 108 ; resolution on elective franchise, 110. Degener, Edward, Representative in 41st Congress, 508. Delano, Columbus, Representative in 39th Congress, 108 ; in 40th, note, 348. 384. Delaware, vote on XlVth amendment 194; vote on • XVth amendment, 557; Senators and Representa tives in 39th Congress, 107, 182; in 40th, 347,383; in 41st, 407, 507; apportionment of currency in, 596; apportionment of representation undercensus of 1860, 585 ; Presidential vote in 1860 and 1864, 372 ; in 1868, 499. Deming, Henry C., Representative in 39th Congress, 108. Democratic, National Platform of 1864, 118; address of Democratic congressmen in 1866, 119, 120; plat form of Pennsylvania in 1866, 123 ; sundry other, Of 1867. 244. 246, 247; of 1868, 364-368; of 1869,478- 488; of 1870, 622-624; national platforms of 1852, 1866, 1860, and 1864, 356-364; of 1868, 367, and vote for candidate for President in, 371 ; vote for Presi dent in 1860 and 1864,372; in 1868, 499. Denison, Charles, Representative in 39th Congress, 108 ; in 40th, 182 ; death of, note, 348. Dennison, William, resignation of, as Postmaster Gen eral, 181. Dent, Louis, vote for Governor of Mississippi, 260, Deweese, John T., Representative in 40th Congress, 348, 384; in 41st, 407; resignation of, note, 508. Dickey, Oliver J., Representative in 40th Congress, note, 384; in 41st, 407,508; motion on Georgia bill, 616. Dickinson, Edward F., Representative in 41st Congress, 408, 508. / Direct Taxes, proposed constitutional amendment on, 104. Disabilities, vote on proposed removal of, in South Carolina, 393. Disfranchisement in insurrectionary States under re construction acts, table showing, 374. District of Columbia, President Johnson on proposed , , suffrage in, 62; bill on suffrage, 114-116; bill to '' regulate the elective franchise in, veto of, copy of, ., and votes upon, 154-160; bill for the further se- "' curity of equal rights in, 351, 395J apportionment of currency in, 596. Dlxon, James, Senator in 39th Congress, 107 ; in 40th, 1F2, 347, 383; President Johnson's interview with, 61; call for National Union Convention, 119; prop osition for intelligence test for suffrage, 184; amendment to resolution on Mr. Stanton's removal, 262; motions on XVth amendment, 402, 406. Dixon, Nathan F., Representative in 39th Congress, 108 ; in 40th, 347 383 ; in 41st, 407, 508. Dockery, Oliver II., Representative in 40th Congress, 348,384; in 41st, 407, 608. Dodge, Grenville M., Representative in 40th Congress, 183.348,384. Dodge, William E., Representative in Sith Congress, 108. Donley, Joseph B., Representative in 41st Congress, 407,508. Donnelly. Ignatius. Representative in S9ih Congress, 108; iu40th,l>3, 34'd,8 4. Doolittle, James K.., <.;ill for i\ationol Union Convr-ntinn, 119; Senator iu 39th Congress, 107; in40th.l'2. 347, 3:3; amendment to recon triu-ui.n hill. 33.; voio for nomination for President, 371; motion on XVth amendment, 405. Douglas, Stephen A., introduces Illinois Central mil- road bill, 664 Douglass, Frederick, address to President Juhnson, reply of, and his rejoinder, 52-56. Douolass, Lewis H., reply of, to President Johnson, 50. Dowxixg, George '1'., address to President Johnson, re ply of, and his rejoinder, 52-56. X, Peter " Pox, Peter M„ Representative in 41st Congress, SOS. Drake, Charles D., Senator in 40th Oongre.-s, le2, 347, 383; in 41st, 407, 507 ; motion respecting Mr Stan ton's removal, 203; amendment to Arkanas bill, 337; motions as to XVth amendment, 101, 404; amendment to Virginia bill, 575; motion on appor tionment bill. 584; on Georgia bill, 613. Driggs, John F., Representative in 30th Congress, 108; in 40th, 183, 348. 384. Dumont, Ebenezer, Representative in 39th Congress, 108. Durant, Thomas J., appointed governor of Loui-iana and declined, 323. Duties upon Merchandise in French Snips, President Grant's proclamation respecting, 421. Duval, Isaao H., Representative in 41st Congress, 408, 608. Dyer, David P., Representative in 41st Congress, 408, 608. E Eckley, Ephraim R., Representative in 39th Congress, 108 ; in 40th, 183, 348, 384. Edmunds, George F., Senator in 39th Congress, note, 107; in 40th, 182 347, 383; in 41st, 407, 507; resolu tion on removal of Mr. Stanton, 262; on confirm ing General Schofield, 264 ; resolution as to Georgia electoral vote, 393; proviso to Virginia admission bill, 675; motion as to apportionment, 584; income tax, 608 ; gross receipts, 608 ; Georgia bill, 614. Edwards, William P., Representative in 40th Congress, 348, 384. Eggleston, Benjamin, Representative in 39th Congress, 108 ; in 40th, 182, 348, 384. Eight-hour Law, resolutions of political convention on, 478, 479. Eight-hour Wages, President Grant's proclamation on, 421. Ela, Jacob H., Representative in 40th Congress, 182, 347, 383 ; in 41st, 407, 607 ; motion on Northern Pa cific railroad bill, 671. Eldridge, Charles A., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508 ; motion on Cuban resolution, 620. Elections, of 1860,372; of 1864, 372; of 1866, 120; of 1867, 2591 of 1866 and 1867, 372: of'1868,499; of 1869, 506. Elective Franchise, resolution concerning, in the States, 110; in District of Columbia, 114-116, 154- 160 ; in Territories, 116, 117, 181 ; in the insurrec tionary States, 192; President Lincoln upon, note, 24; President Johnson upon, 19, 20, 24, 49, 62-55, 154-159; proposed female and intelligence suf frage, 184; XVth amendment, 399-406, 545. Electoral College of 1860 and 1864 and vote in, 372; of 1868, 499 ; act respecting counting votes in, 378, veto of, by President Johnsonand votes on repass- age, 379. Electoral Vote of 1868, concurrent resolution respect ing the, and proceedings under, 393-395. Eliot, Thomas D., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383; bill to repeal power to pardon by proclamation, 183. Elliott, James T., Representative in 40th Congress, 384. Emory, General W. U., assigned to department of Wash: ington, 424. Enforcement Act, text of and action upon, 546-550. Epperson, Benjamin H., claimant to seat as Represent ative in 39th Congress, 182. Equal Rights in District of Columbia, bill for further security of, 351, 395. Equal Taxation, resolutions of political conventions on, 249, 251, 253, 304, 367, 478. Evarts, William M., of counsel of Andrew Johnson, 271; Attorney General, 383; as to military aid to United States marshals, 422, 423. Evidence of Colored Persons before military courts, 425. Ewing, Thomas, Jr., proposed resolttion of, at soldiers arid sailors' convention, 369; vote for nomination for President, 371. 636 INDEX. . Exchange of Prisoners, General Grant's testimony upon, 296. . Expenditures and Receipts since 18C0, tables showing, 375—377. Express Contracts to pay Coin, decision on, 443-448. F Farquhar, John H., Representative in 39th Congress, 108. Farnsworth, John F., Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508; report on impeachment, 206; motion respecting Florida, 341 ; reports Virginia bill, 573; motion on Georgia bill, 615. Farrow, James, claimant to seat as Representative in 39th Congress, 10S. Female Suffrage, proposition for, in Senate and House, and votes, 184; former, in New Jersey, note, 258; proposition in Kansas and Wisconsin, 258 ; votes upon, 353; in Massachusetts, 500; proposed consti tutional amendment to secure, 506. Fenian Invasion, President Grant's proclamation against, 544. Fenton, Reuben E., Senator in 41st Congress, 407, 507. Ferriss, Orange, Representative in 40th Congress, 182, 347,383; in 41st, 407, 508; resolution as to validity of XlVth and XVth amendments, 583. Ferry, Orris S., Senator in 40th Congress, 182, 347, 383; in 41st, 407, 507 ; amendment to the Arkansas bill, 340. Ferry, Thomas W., Representative in 39th CongreBs, 108; in 40th, 183, 348, 384; in 40th, 408, 608. Fessenden, William Pitt, Senator in 39th Congress, 107; in 40th, 182, 347, 383 ; in 41st, 407 ; death of, note, 507 ; report from Committee on Reconstruction, 84-93. Field, Stephen J., Justice, opinion in test-oath cases, 220-228 ; vote for nomination for President, 371. Fields, William C, Representative in 40th Congress, 182, 348, 383. .'Fifteenth Amendment, congressional proceedings, 398- 400 ; resolution as to effect, 415 ; votes of States on, 488-498, 657-562 ; proclamation of ratification, 545, 646 ; bills to enforce, and votes thereon, 546-550 ; House vote on validity of, 583 ; resolutions of po litical conventions on, 478, 479, 480, 481, 482, 483, 484, 485, 488. Financial Legislation on 5.20's, 10.40's, Greenbacks, &c, 354, 586-596 ; McNeely's resolution on, 696. Finck, William E., Representative in 39th Congress, 1 108. Finkelnburg, Gustavus A., Representative in 41st Con gress, 408, 608. Finney, Darwin A.. Representative in 40th Congress, 182,348; death of, note, 384. First National Bank at Louisville vs. Kentucky, opin ion of Supreme Court United States in case of, 631. Fish, Hamilton, Secretary of State, 406, 607 ; certificate ratification XVth amendment, 545, 646. Fisher, John, Representative in 41st Congress, 407, 508. Fitch, Thomas, Representative in 41st Congress, 408, 508. . Five-twenty Bonds, act authorizing, 354. Flanagan, James W., Senator in 41st Congress, 507. Flanders, Benjamin F., appointed governor of Louis iana, 323; resigned, 325. Florida, provisional governor appointed, 12 ; General Gillmore's order annulling acting Governor Alli son's call of rebel legislature, 24 ; reconstruction . steps in, 24, 25 ; Freedmen's code, 38-41 ; claimants in Congress, 107, 108; made part of third military district, 200; orders and action of the military therein, 204-206, 319-321 -r new constitution of, 328, 329; restoration to representation, 837, 341; vote of legislature on XlVth amendment, 353; Senators and Representatives from, 348; cessation of mili tary rule, 422, 428 ; vote of legislature of 1866 on XlVth amendment, 194; ratifies XlVth amend ment, 353, 379, 428; vote on XVth amendment, 489 ; claimants in 89th Congress, 107 ; Senators and Rep resentatives in 40th, 347, 383; in 41st, 407, 607 ; ap portionment of currency in, 596; apportionment of representation under census of 1860, 686; ratifi cation of constitution, 428; presidential vote in 1800, 372; in 1868, 499; registration and disfran chisement in, 374; vote on constitutional conven tion, 1374. Fogg, George G., Senator in 39th Congress, 181. Foot, Solomon, Senator in 39th Congress, 107 ; death of, note, 107. Forney, John W., Secretary of the Senate, 89th Con gress, 107; in 40th, 182; resignation of, 347; allu sions of President Johnson to, 61. Fortieth Congress, members of, 182, 347, 383. Forty-First Congress, members of, 407, 408, 607. Foster, J. G., General, Grant's order to, on order 44, 308; report of, note. 309. Foster, Lafayette S., Senator in, and President of the Senate in 39th Congress, 107. Foster. Thomas J., claimant to seat as Representative in 39th Congress, 108. Fourteenth Constitutional Amendment, text of and votes on adopting, 102 ; votes of legislatures on ratifying, 101-194,352, 353; certificate of Mr. Sew ard respecting, 379 ; concurrent resolution of Con gress upon, 3S0; President Johnson's proposed sub stitutes for, 258 ; form of ratification of, by certain of the insurrectionary States, 260, 379 ; Mr. Seward's final certificate, 417-419; opinions of Judges Chase and Underwood under, 457-466 ; act enforcing XVth and, 546-550 ; House vote on validity of, 58 ; ; reso lutions of political conventions on, 123, 124, 240, 242. 243, 485, 488. Fowler, Joseph S., Senator in 39th Congress, 107, 181 ; in 40th, 182, 317, 383 ; in 41st, 407, 607; motions on XVth amendment, 401, 405. Fox, John, Representative in 40th Congress, 182, 347, 383; in 41st, 407, 50<. Frederick Bronson vs. Peter Rodes, opinion of Supreme Court United States in case of, 443-448. Freedmen's Bureau, President Johnson's veto of first, copy of, and votes on passing and repassing, 68-74;- veto of second, copy of, votes on passing and re passing, 147-151 ; general operations of, to April, 1866, note, 13 ; number of rations issued by, to April 1, 1866, note, 69; bill to continue, 349; whole ex penditures of, note, 8-19 ; additional bill, 378. Freedmen's Codes in North Carolina, Mississippi, Geor gia, Alabama, South Carolina, Florida, Virginia, Tennessee, Texas, and Louisiana, 29-44. Freeman, George C. claimant to seat as Representative in 39th Congress, 108 ; decease of, 182. Frelinghuysen. Frederick T., Senator in 39th Congress, 181 ; in 40th, 182, 347, 383 ; bill to restore confiscated property, 187; motion respecting General Scho- field's confirmation, 264. French, John R., Representative in 40th Congress, 348, 384. Fuller, Thomas C, claimant to seat as Representative in 39th Congress, 108. Funding Act of 1870, 697, (approved by President Grant) Funding Bill, the, of 1868, 382, (" pocketed " by Presi dent Johnson.) G Garfield, James A., Representative in 39th Congress, 108 ; in 40th, 183, 348, 384; in 41st, 408, 508 ; resolu tion condemning repudiation, 679; substitute for currency bill, 691 ; motion on, 595. Garland, Augustus H., claimant to seat as Senator in 40th Congress, 183; opinion of Supreme Court in ease of, 226-234. General Amnesty, President Johnson's, 9, 344, 419; votes on, in House, 582, 683. Georgia, General Gillmore's order annulling Governor Brown's call for a meeting of the rebel legisla ture, 20; reconstruction steps in, 20, 21; action respecting rebel war debt, 21 ; laws on freedmen, 82, S3; vote of legislature of 1866 on XlVth amend ment, 194 ; made part of third military district, 200 ; orders and action of the military therein, 204-206, 319-321 ; new constitution of, 330, 331 ; first act for restoring representation, 337 ; resolution on same subject, 393 ; ratification of XlVth amend ment, 260, 380, 428 ; counting electoral vote of, 893- 895; military government ends, 422, 428; military orders as to resignation of sheriffs, intimidating voters, carrying arms, armed assemblages, the test-oath, ratification of constitution, provisional governor, and stay law, 428; subsequent action of legislature of, and Grant's recommendation con cerning, 633 ; judicial decisions as to negroes hold ing office and intermarriage of whites and blacks, 466-476; votes on XVth amendment, 489, 490, 557 ; final reconstruction and restoration of, 609-615; claimants in 39th Congress, 107, 182; in 40th, 1st session, 348 ; Senators and Representatives in 40th, 3d session, 383; in 41st, 407, 507 ; apportionment ol currency in, 596; apportionment of representation under census of 1860, 685 ; Presidentialvote in 1860, 872; in 1868,499; registration and disfranchise ment in, votes on calling constitutional conven tion and ratifying constitution, 374. Getz, J. Lawrence, Representative in 40th Congress, 182, 348, 384 ; in 41st, 407, 608. Gibson, James K., Representative in 41st Congress, 508. Gilbert, Abijah, Senator in 41st Congress, 407, 607. INDEX. 637 Gilfillas, Calvin W., Representative in 41st Congress, 407, 508. Oillem, General A. C, assigned to fourth military dis trict, 310, 422; relieved, 424. Gillmore, Major General, order revoking Governor Brown's call for meeting of rebel legislature, 20 ; order annulling Governor Macgrath's proclama tions, 22; annulling call for rebel legislature of Florida, 24. Glossbrenner, Adam J., Representative in 89th, Con gress, 108 ; in 40th, 182, 348, 384. Golladay, Jacob S., Representative in 40th Congress, 348, 384 ; In 4.1st, 408; resignation of, note, 608. Goodyear, Charles, Representative in 39th Congress, 108. Gorham, George C, Secretary of the Senate, 40th Con gress, 347, 407, 507. Gdsb, James H., Representative in 40th Congress, 348, 384. Gove, Samuel F., Representative in 40th Congress, 348, 384. Graham, William A., claimant to seat in 39th Congress, 107. Gbant, Ulysses S., General, Letters of, to Secretary Stanton and President Johnson on taking the War Office ad interim, 261, 202; to and from President Johnson respecting his retirement from the War Office, 282-293; on removal of Sheridan and Stan ton, 306-308; to Hon. E. B. Washburne on slavery and reconstruction, 294; to Hon. I. N. Morris od - being a candidate for office, 295; on results of "peace on any terms," and filling the armies, 295 ; on protecting colored soldiers, 296; on going to Mexico, 296; on Baltimore troubles of 1866, 297; on martial law in Texas, 298 ; on order 44, 308 ; to Generals Foster, Sheridan, Pope, Meade, Ord, and Governor Throckmorton, respecting reconstruc tion matters, 308-314 ; Secretary of War ad interim, 347 ; accepting nomination for President, 365. Grant, Ulysses 8., General, Orders of, for protection of loyal persons, 122; for suppression of disloyal newspapers, 123, and revocation of the same, 199 ; assigning commanders to military districts, 200 ; disallowing State and local elections in Alabama, 204; respecting return of slaves from camps, 293; use of colored persons in the army, 293 ; organiza tion of negro regiments, 294 ; establishment and control of camps for freedmen, 294; orders and telegrams respecting reconstruction, 308-314; on reappointing removed civil officers in the rebel States, 314; telegram to General Buchanan, 325; orders redistrieting southern States, 422; military aid to civil authorities, 423, 424; sentences of mili tary commissions, &c, 424; assigns Canby to and relieves Reynolds from fifth military district, 424. Grant, Ulysses S., General, Reports of, on condition of insurrectionary States, 67, 68 ; terms of Lee's sur render, 120, 121 ; and views upon, 299 ; law fixing headquarters of, 178 ; testimony on exchange of prisoners, 296 ; testimony on reconstruction, 298- 306; testimony on Baltimore troubles, 305, 306; on applications of Lee and others for benefit of am nesty, 301-305 ; report of, as Secretary of War ad interim, 314-316. Grant, Ulysses S., Lieutenant General, resolutions upon, 123, 365. Grant, Ulysses S., President, declared President of the United States, 395 ; cabinet of, 406, 407 ; inaugural address, 416, 417 ; reconstruction message, 417 ; § reclamation for Virginia election, 420, 421 ; as to uties on merchandise, 421 ; eight-hour wages, 421 ; for Mississippi election, 505; for Texas election, 605, 506 ; majority for President United States, 499 ; th-st annual message, 533-540; special messages on commerce, 540, 641 ; urging ratification of San Domingo treaty, 641, 642; Cuban affairs, 542-544; proclamation against Fenian invasion, 644; an nouncing ratification of XVth amendment, 545; message on European war and American shipping, 616. Grant, Ulysses S., President, resolutions concerning, 478, 481, 482, 483, 484, 485, 487. Grants, Land, from 1827 to 1870, 563-572, 625. Gravely, Joseph J., Representative in 40th Congress, 183, 348, 384. Greenbacks, law of 1864 limiting amount of, 355 ; other legislation on, 686-696; McNeely's resolution on, 596; Morgan's proposition respecting, 593. Greene, George W.. Representative in 41st Congress, 407 ; unseated, note, 508. Grider, Henry, Representative in 39th Congress, 108 ; death of. 182. Grier, Robert O., Justice,. dissenting opinion as to status of Texas, 454, 456, 523 Sbifein, Cesar, judicial opinions on cose "f, 457-466. Griffin, Charles, General, order for the preservation. °f Peace, 207; jury order of, 323; order respecting, GrIII! o" il?ES0W-' Senator in 39th Congress, 107 ; in 40th, 18 J, 347, 883; m 41st, 407; resignation of, note, 607. "lnR11' IAH B'' Representative in 39th Congress, Griswold, John A., Representative in 39th Congress. 108 ; in 40th, 182, 347, 383. S ' Griswold, John A., Representative in 41st Congress, 407, 608 ; funding motion of, 003. Groesbeck, William S., of counsel of Andrew Johnson 271. Grover, Asa P., Representative in 40th Congress, 348, Guthrie, James, Senator in 39th Congress, 107 ; in 40th, 182 ; resignation of, note, 347. H Habeas Corpus, annulling suspension of, in certain States, 15; resolution on, 122; bill respecting, 116; opinions of Supreme Court on, 210-220 ; President Johnson's action on application for, by counsel of Mrs. Surratt, 260. Hahn, Michael, claimant to seat in 39th Congress, 107 ; President Lincoln's letter to, on colored suffrage, note, 20. Haight, Charles, Representative in 40th Congress, 182, 348, 384 ; in 41st, 407, 508. Haldeman, Richard J., Representative in 41st Con gress, 407, 508. Hale, Eugene, Representative in 41st Congress, 407, 607. Hale, Robert S., Representative in 39th Congress, 108 ; amendment to suffrage bill, 114. Halleck, General H. W., to military division of the South, 424. Haipine, Charles G., President Johnson's interview with, 141-143. Halsey, George A., Representative in 40th Congress, 182, 348,384. Hambleton, James P., claimant to seat as Representa tive in 39tn Congress, 182. Hambleton, Samuel, Representative in 41st Congress, 407, 506. Hamill, Patrick, Representative in 41st Congress, 407, 608. Hamilton, Andrew J., appointed provisional governor of Texas, 28 ; resolutions reported by, at Southern Loyalists' Convention, 241. Hamilton, Charles M., Representative in 40th Con gress, 348, 384 ; in 41st, 408, 508. Hamilton, Cornelius S., Representative in 40th Con gress, 183 ; death of, note, 348. Hamilton, Morgan C, Senator in 41st Congress, 507. Hamilton, William T., Senator in 41st Congress, 407, 607 ; motion to tax interest on public dent. 007. Hamlin, Hannibal, Senator in 41st Congress, 407, 507; motion on enforcing bill, 555; on funding, 600; on Georgia bill, 613 ; naturalization bill, C19. Hancock. Winfield S., assigned to department of the Cumberland, 306 ; assigned to the 5th district, 308, 345 ; orders and action as such, 324, 325 ; relieved and assigned to command of military division of the Atlantic, 346; vote for nomination for Presi- dent,371 ; to department of Dakota, 424. Hanes, Lewis, claimant to seat as Representative in 39th Congress, 108. Harding, Aaron, Representative in 39th Congress, 108. Harding, Abner C, Representative in 39th Congress, 108; in 40th, 183, 348, 384. Harlan, James, Secretary of the Interior, 107 : resig nation of, 181; Senator in 40th Congress, 182, 347, 3:3; in 41st, 407. 607 ; motion on Northern Pacific railroad bill, 667. Harris, Benjamin G., Representative in 39th Congress, 108. Harris, George E., Representative m 41st Congress, 508. Harris, Ira, Senator in 39th Congress, 107. Harris, John S., Senator in 40th Congress, 3 3, in 41st, 407. 507. Harrison, James T., claimant to seat as Representative in 39th Congress, 101 . ,_ Hart, Roswell, Representative in 39th Congress, 108. Hartranft, Brevet Major General, President Johnson's assignment of, to attend upon a military commis sion, 7. ,...,, ,, Haughey, Thomas, Representative in 40th Congress, 34s 884 Hawkins Isaac R., Representative in 39th Congress, 10s 1R2- in 40th, 34S, 3S4; in 41st. 408. 50S. Hawky, John B., Representative in 41st Congress,. 408; 938 INDEX. 60S; motion on Northern Pacific railroad bill, 688 ; as to income tax, 605. Bay, John B., Representative in 41st Congress, 408, 603; Hays, Charles, Representative in 41st Congress, 608. Hays, Rutherford B., representative in 89th Congress, 108; in 40th. 182; resignation of, note, 848. • Heaton, David, Representative in 40th Congress, 848, 884; in 41st, 407, death of, note, 608. Heflin, Robert S., Representative in 41st Congress, 608. Henderson, James H. D , Representative in 39th Con gress. 10 j; resolution on treason, 109. Henderson, John B., Senator in 89ch Congress, 107; in 40th, 182, 847 383; motions as to public credit bill, 396, 397; as to XVth amendment, 401; motion respecting General Schofield's confirmation, 204; amendment to Arkansas bill, 339; motion propos ing thanks to Chief Justice Chase, 360. Hendricks, Thomas A., Senator in 89th Congress, 107; in 40th, 182,347,383; call for National Union Con vention, 119; amendment to Arkansas bill, 339; vote for nomination tor President, 371; substitute for resolution condemningPresident Johnson's repu diation proposition, 391 ; motion on XVth amend ment, 405. Henrdicks, William, reports Wabash and Erie canal bill, 663. Hepburn vs. Griswold, opinion of Supreme Court Uni ted States in case of, 611-623. Herbert, C, claimant to seat as Representative in 39th Congress, 1S2. Herold, David E., President Johnson's order for the execution of sentence upon, 7 ; order respecting reward for, 198. Higby, William, Representative in 39th Congress, 108; in 40th, 318, 384. Hill, John, Representative in 40th Congress, 182, 348, 384; in 41st, 407, 508. Hill, Ralph, Representative in 39th Congress, 108; resolution on test-oath, 110. Hinds, James, Representative in 40th Congress, 348. Hise, Elijah, Representative in 39th Congress, 182. Hoag, Truman H., Representative in Mst Congress, 408 ; death of, note, 508. Hoar, E. Rookwood, Attorney General, 407 ; opinion on jurisdiction of military commissions, 476-478 ; re signation of, note, 507. Hoar, George F., Representative in 41st Congress, 407, Hogan, John, Representative in 39th Congress, 108. Hoge, Daniel H., claimant to seat as Representative in 39th Congress, 108. Hoge, Solomon L., Representative in 41st Congress, 407,508. 6 ' Holden, William W., appointed provisional governor of North Carolina, 11 ; President Johnson's tele gram to, respecting rebel debt, 19 ; defeated for governor at election, 19 ; call of, for meeting of legislature of North Carolina, 319. Holman, William S., Representative in 40th Congress, 183, 318, 384; in 41st, 408, 608; motion to table im peachment resolutions, 190 ; resolution as to land- grant policy, 572 ; funding motions, 602, 603; as to taxation of bonds, 605. Holmes, Sidney T., Representative in 39th Congress, Homestead Aot, bill extending, 116, 186. Hooper, Samuel, Representative in 39th Congress, 108 ; in 40th, 182, 347, 383; in 41st, 407, 508. Hopkins, Benjamin F., Representative in 40th Con- gress, 183, 348, 384; in 41st, 408 ; death of, note, 608. Hotchkiss, Giles W., Representative in 39th Congress. 108; in 41st, 407, 608. 5 ' Hotchkiss, Julius, Representative in 40th Congress, 347, 383. Houston, George S., claimant to seat in 39th Congress 107; in 40th, 183. 5 Howard, Jacob M., Senator in 39th Congress, 107 ; in 40th, 182, 847, 383 ; in 41st, 407, 607 ; resolution as to Georgia electoral vote, 894; motion as to and upon XVth amendment, 401 404, 405 ; on public credit bill, 413; motion on enforcing bill, 556; on fund ing bill, 600. Howard, General O. O., orders of, 12, 13 ; to department of Louisiana, 425. Howe, Timothy O., Senator in 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407, 607; motion on cur rency bill, 691 ; on naturalization, 619; motions on funding, 601. Howell, James B., Senator in 41st Congress, note, 607; proviso on Northern Pacific railroad bill, 568. Hubbard, Asahel W., Representative in 89th Congress. 108; in 40th, 183, 348, 384. b ' Hubbard, Chester D., Representative in 39th Congress, 108; in 40th, 182, 348, 384. Hubbard, Demas, Jr., Representative in 39th Congress 108. Hubbard, John H., Representative in 39th Congress, 108. Hubbard, Richard D., Representative in 40th Congress, 347, 383. Hubbell, Edwin N., Representative in 89th Congress, 108. Hubbell, James R., Representative in 89th Congress, 108. Hulburd, Calvin T., Representative in 39th Congress. 108 ; in 40th, 182, 347, 383. Humphrey, James, Representative in 39th Congress. death of, note, 108. Humphrey, James M., Representative in 39th Congress. 108 ; in 40th, 182, 348, 383. Humphreys, Benjamin G., inaugurated governor of Mis. sissippi, message of, 20; proclamation of, 322; moval of, »23. Hunt, Randaxl, claimant to seat in 89th Congress, 107, Hunter, John W., Representative in 39th Congress, 182. Hunter, Morton C, Representative in 40th Congress, 183, 348, 384, Illinois, vote on XlVth amendment, 194; vote on XVth amendment, 490; new constitution of, 621 ; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 384; in 41st, 407, 507; appor tionment of currency in, 596; vote on land grant to Illinois Central railroad in 1850, 663; apportion ment of representation under census of 1860, 585; Presidential vote in 1860 and 1864, 372 ; in 1868, 499. Impartial Suffrage, votes in Wisconsin, Ohio, and New York, 258- vote of Connecticut, 120; (see Col ored Suffrage.) Impeachment of President Johnson, proposed action of Congress, 187-190 ; subsequent votes and articles, answer, and judgment of the Senate, 264-282. Inaugural Address of President Grant, 416, 417. Income Tax, votes on repeal, 605-608; amount received from, 626. Indiana, vote on XlVth amendment 194; vote on XVth amendment, 490, 491 ; Republican platform for 1870, 622; Democratic, 623; Senators and Rep resentatives in 39th Congress, 107, 182; in 40th, 347, 383; in 41st, 407, 507; apportionment of cur rency in, 596; apportionment of representation under census of 1860, 585 ; Presidential vote in 1860 and 1864, 372; in 1868, 499. Ingersoll. Ebon C, Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41st, 408, 508 ; substi tute for currency bill, 593, 694; introduces curren cy bill, 596; funding motions, 602, 603, 604. Insurrectionary States, proclamations concerning, 7, 9, 11, 13-17, 194; reconstruction steps in, 18-28 ; laws on freedmen, 29-44; President Johnson's messages concerning, 64-67, 166-172, 178-180; General Grant's report, 67. 68 ; votes in Congress upon, note, 72, 183, 184; reports, propositions, and laws, 102-106,152, 166-172, 178-180, 335-337, 393, 672-679, 609-615; dis franchisement in, 374 ; claimants for seats in Con gress, 107, 108, 181-183 ; Senators and Representa tives claiming from, 347, 348. Intermarriage of Whites and Blacks in Georgia, de cision respecting, 474, 475. Internal Revenue Statistics in 1869 and 1870, 626; es timated annual reduction in revenue from since July, 1866, and by act of 1870, 626. Internal Tax and Tariff, votes on, 605-609 ; statistics of, 626. Iowa, Republican and Democratic platforms, 479. 480; vote on XlVth amendment, 353; vote on XVth amendment, 558 ; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; apportionment of currency in, 696; ap portionment of representation under census of 1860, 585; Presidential vote in 1860 and 1864, 372; in 1868, 499. Jenokeb, Thomas A,. Representative in S9th Congress, 108 ; in 40th, 847, 883; in 41st 407, 608. Jenkins, Charles J., Governor, threatened removal of, 311 ; actual removal, 320. Johnson, Andrew, inauguration of, 44; cabinet of, 107, 181, 347, 383. Johnson, Andrew, Interviews and Speeches to citizens , mi1!}2a' 44~47 ; Nashville speech of June 9, 1864, note, 46, 47 ; to Virginia refugees, 47, 48 ; with George INjjEX. 639 L. Stearns, 48, 49 ; to colored soldiers, October 10, 1865,49-61; with Senator Dixon, 51,52; with col ored delegation respecting suffrage and reply of, 52-65; with committee ofthe Virginia legislature, , 56-58; speech of February 22, 1866, 58-63; speech to colored people of District of Columbia, 63; on receiving proceedings of Philadelphia convention, 1.7-129; in New York, 129-134; in Cleveland, 134- 136; in St. Louis, 136-141 ; with Charles G. Halpine, 141-143. / J»HN80N, Andrew, Letters of, to Secretary Stanton re questing his resignation, 261 ; appointing General U. S. Grant Secretary of War ad interim. 261 ; ap pointing Lorenzo Thomas Secretary of War ad m- terim, 2U6; correspondence with General Grant on his retiring from the War Office, 2S2-293. Johnson, Andrew, Messages of, first annual. 64-66; sec ond annual, 143-147; last annual, 381-391; special, on the condition of the insurrectionary states, 66, 67; veto of first freedmen's bureau bill, 68-72; of second, 147-149: veto of civil rights bill, 74-78; veto of first Colorado bill, 81, .82;' of second, 160- 163; on proposed constitutional amendment, S3; on restoring Tennessee to her relations to the Union, 16 -154; veto of the District of Columbia suffrage bill, 154-169; veto of the Nebraska bill, 164,165; veto of the military reconstruction bill, 166-172; veto of the civil-tenure bill, 173-170; ac companying the approval of an army appropria tion bill, (78; veto of the supplemental recon struction bill, 178-180; message accompanying the approval of a reconstruction appropriation bill^. 181; message announcing to the Senate the re moval of Mr. Stanton, 262; veto of electoral college bill, 378, 379 ; "pocketing" bill for equal rights in District of Columbia, 395, and public credit bill, 397, and funding bill, 382. Johnson, Andrew, Orders and Proclamations of, 7-18, 194-208; on commercial intercourse and blockade, 7, 9, 13; for trial and punishment of Abraham Lin coln's assassins, 7 ; refusal of habeas corpus for Mrs. Surratt, 260 ; for arrest of Jefferson Davis, Clement C. Clay, and others, 7; and withdrawal of, note. 108; for release of Clement C. Clay, note, 8; recognizing Governor Pierpoint's administration in Virginia. 8; respecting rebel cruisers receiving hospitality in foreign ports, 9; of amnesty, 9, 10; appointing 0 provisional governors in North Carolina. Missis sippi, Georgia, Texas, Alabama, South Carolina, and Florida, 11, 12; respecting freedmen, 12. 13; for return of property to pardoned persons, 13; re specting the State of Tennessee, 13, 14; passports for paroled prisoners, 14; paroling certain State prisoners, 14; withdrawing martial law irom Ken tucky, 15 ; annulling the suspension of the habeas corpus, 15; announcing that the rebellion had ended in certain States named, 15, 10; that civil authority exists thnugbout the whole of the United States, 194-190 ; President Johnson's inter pretation thereof, note, 17 ; in relation to appoint ments to office, 17; in relation to trials by military courts and commissions, 17 ; forbidding the inva sion of Canada by the Fenians, 17, 18 ; respecting merchant vessels in certain ports of Japan, 196, - 197; respecting Maximilian's decree of July 9, * 1866, 196; respecting suspension of tonnage and impost duties of Hawaiian vessels, 197; declaring Nebraska a State in the Union, 198; withdrawing reward for John H. Surratt and others, 198 ; con cerning release of convicts, 198, 199; assigning commanders to military districts, 199, 200, 306-308, 344-340; order suspending Secretary Stanton, 201; order removing Secretary Stanton. 265 ; order ap pointing General Lorenzo Thomas ad interim, 266; order to General Grant respecting orders issued by Secretary Stanton, 284; orders respecting Bal- '.timore troubles in 1866, 297; orders respecting ',. Sheridan, Thomas, Hancock, 306-308 ;. proclama tion enjoining obedience to the Constitution and the laws, 342; extending full pardon to certain persons engaged in the rebellion, 342, 343 ; of gen eral amnesty, 344; order respecting transaction of public business, 344; correcting an error of date in previous proclamation, 344; order establishing a new military division, 346 ; proclamation respect ing the ratification of XlVth amendment by Flor ida and North Carolina, 379 ; by other insurrec tionary States, 260; general amnesty proclamation, 419. Johnson, Andrew, proposed impeachment of, 187-190 ; "subsequent votes, articles, answer, and judgment ofthe Senate, 204-282. Johnson, Andrew, Telegrams of, to Provisional Gover nors Holden and Johnson on repudiating rebel debt of North Carolina and Georgia, 19, 20, 21 ; to Provisional Governor Sharkey on colored suffrage, 19, 20 ; to Provisional Governor Perry on ratifying anti-slavery amendment, &c, 22, 23, 24; to Provis ional Governor Marvin on ratifying anti-slavery amendment, 25 ; to Governor Brownlow on enforc ing election laws, 199; to Governor Murphy, of Arkansas, 28 ; to Provisional Governor Throckmor ton, of Texas, 199; to Montgomery Blair, 199; to ex-Governor Parsons, of Alabama, on Alabama's withdrawal of ratification of XlVth amendment, note, 352. Johnson, Andrew, resolutions of political conventions on policy of, 123,241, 245. 248, 249, 364, 365, 368. Johnson, Andimw, thanks of House to, 113; sundry res olutions oft, 111, 112, 187-190, 304, 368. Johnson, Andrew, validating certain proclamations and acts of. 185; proposed substitute of, for XlVth amendment, 258. Johnsox, Herschel V., claimant to seat in 39th Congress, 107. Johnson, James, appointed provisional governor of Georgia, 12, 20; telegrams from and to, on recon struction, 20, 21. Johnson, .Tamls A., Representative in 40th Congress, 318, 384; in 41st, 408, 608; motion as to effect ol XVth amendment, 414. Johnson, J\mfs M., claimant to seat as Representative in 39th Congress, 108. Johnson. Phtlip. Representative in 39th Congress, 108 ; death of, 182. Johnson, Reverdy, Senator in 39th Congress, 107; in 40th, 182, 347; report of minority of committee on reconstruction, 93-101. Johnston, John W.. Senator in 41st Congress, 507. Johnston, Joseph E.. General, agreement with General Sherman, 121, 122; Sherman's letter on, 504, 505. Joint Reconstruction Committee, reports of, 84-101 ; va rious propositions of, 101-106. Jones, Alexander H., claimant to seat as Representa tive in 39th Congress, 108; Representative in 40th, 348, 384; in 41st, 407, 508; introduces apportionment bill, 683. Jones, John, reply of, to President Johnson, 56. Jones, John T., claimant to seat as Senator in 40th Con gress. 183. Jones. Morgan. Representative in 39th Congress, 108. Jones, Thomas L., Representative in 40th Congress, 348, 384; in 41st, 408, 508. Judd, Norman B., Representative in 40th Congress, 183, 348, 384; in 41st, 408, 508; motion on apportionment, 585 ; on currency, 594; on funding, 003. Judicial Opinions on habeas corpus, 210-220; on test- oath, 220, 239 ; on military reconstruction bill, 239, 240; on right of a State to tax passengers passing through it, 434-437 ; on State taxation of United States certificates of indebtedness, 437-439; os State taxation of United States notes, 439-440; clause making United States notes a legal tender for debts lias no reference to State taxes, 440-443; express contracts to pay coined dollars can only be satisfied by the payment of coined dollars, 443- 447; dissenting opinion, 447-448 ; on the status of the State of Texas, 418-454; dissenting opinion, 454-456; tha McCardle case, 456, 457; opinions in the Caesar Griffin ease, 457-466 ; can a negro hold office in Georgia, 466-474; intermarriage of white and colored persons in Georgia, 474,475; on the validity of contracts in confederate money, 509- 511: on the constitutionality of legal-tender clause as relates to contracts made prior to its adoption, 511-5-?3; on the right of the United States Govern ment to tax State banks, 523-530; on the right of the State governments to tax national banks; 530- Judiciary Committee, report on proposed impeachment, 188, 189. . „ _ Julian, George W., Representative in 39th Congress, 108; in 40th, 183, 348,384; in 41st, 408, 508; home stead bills of, 116, 186; on committee to prepare articles of impeachment, 2G6. Jurisdiction of Military Commissions, letter on, 47o- 478. K Kansas, votes on proposed constitutional amendments, 354; vote on XlVth amendment, 194; vote on XVth amendment, 491; Senators and Representatives 'n 39th Congress, 107, 131; in 40th, 182, 347, 383 ; in 41st, 407 507; apportionment of currency in, 596; appor tionment of representation under census of 1860, 585; presidential vote in 1804, 372; in 1868, 499. Kasson John A., Representative in 39th Congress, 1C» 640 INDEX. Kelley, William D., Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 407, 508 ; suffrage bill of, 114. Kellogg, Francis W., Representative in 40th Congress, 348.384. Kellogg, Stephen W., Representative in 41st Congress, 407, 508. Kellogg, William P., Senator in 40th Congress, 383; in 41st, 407, 507; motion on currency bill, 589, Kelsey, William K., Representative in 40th Congress, 182, 348, 383; in 41st, 407, 508; motion on tariff, 581; on apportionment bill, 584. Kelso, John R., Representative in 39th Congress, 108; resolutions on impeachment, 187, 188. Kennedy, John D., claimant to seat as^tepresentative in 39th Congress, 108. Kentucky, withdrawal of martial law, 15; resolutions of 1798, 254-256; vote on XlVth amendment, 194; vote on XVth amendment. 491, 492; Senators and Representatives in 39th < ongress, 107,182; in 40th, 182,347,383; in 41st, 407, 507 ; apportionment of cur rency in, 596; apportionment of representation under census of 1860, 585 ; presidential vote in 1860 and 1864, 372; in 1808, 409. Kerr, Michael C, Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 508. Ketcham, John H., Representative in 39th Congress, 108; in 40th, 182, 347, 383; in 41st, 407, 508. ZTfRKwooD, Samuel J., Senator in 39th Congress, note, 107. Kitchen, Bethuel M., Representative in 40th Congress, 183, 348, 384. Knapp, Charles, Representative in 41st Congress, 407, 608. Knott, J. Proctor, Representative in 40th Congress, 348,384; in 41st, 408, 508. Koontz, William H., Representative in 39th Congress, note, 108; in 40th, 182, 348, 384. Kuykendall, Andrew J., Representative in 39th Con gress, 108. Kyle, George H., claimant to seat as Representative in 39 th Congress, 108. Laflin, Addison H., Representative in 39th Congress, 108; in 40th, 182, 348, 383; in 41st Congress, 407, 608. Land Subsidies, facts on, 663-572, 625. Lands, table showing grants of, 625. Lane, James H.. Senator in 39th Congress, 107, 181. Lane, Henry S., Senator in 39th Congress, 107. Langdon, Charles C, claimant to seat as Representa tive in 39th Congress, 108. Lash, Israel G., Representative in 40th Congress, 348, 384; in 41st, 407, 508. Latham, George R., Representative in 39th Congress, Lawrence, George V., Representative in 39th Congress, 108 ; in 40th, 182, 348, 384. Lawrence, William, Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 403, 508; motion on Northern Pacific railroad bill, 571; on Georgia bill, 615. Lawyers, on test-oath required of, opinions of Supreme Court United States, 226-234; opinion of Supreme Court of District of Columbia, 234-238; vote of House on, 211. Le Blond, Francis C, Representative in 39th Congress, 108; motion on disbanding militia of certain States, 178. Lee, R. E., terms of surrender, 120, 121 ; application of, for benefit of amnesty proclamation, and action thereon, 305; General Grant on, 301-306. Leftwich, John W., Representative in 39th Congress, 108, 182. Legal-tender Clause, as it relates to prior contracts, opinions of Supreme Court United States on, 511- 523. Legal Tenders, act authorizing the, 345. Legislatures, votes on XlVth constitutional amend ment, 194, 353; on XVth, 488-498, 657-562. . Lewis, John F. , Senator in 41st Congress, 607. Lewis, Joseph H, Representative in 41st Congress, note, 508. Lincoln, Abraham, orders for trial and punishment of assassiDs of, 7; letter to Governor Hahn on col ored suffrage, note, 20; telegram to General Weit zel, 26 ; withdrawal of reward for alleged assassins of, 198 ; refusal of liabeas corpus to assassins of, 260 ; vote for, in 1864, 372; resolutions on, 117, 118, 304. Lincoln, William S., Representative in 40th Congress, 182, 348, 383. Lists of Congressmen and Claimants, 39th Congress, 107, 181; 40th Congress, 347, 383; 41st Congress, 407, 607. Loan, Benjamin F., Representative in 39th Congress, 108 ; in 40lh, 183, 348, 384 ; resolution on impeach ment, 187, 188. Logan, John A., Representative in 40th Congress, 183, 348, 384; in 41st, 408, 608; on committee to prepare articles of impeachment, 266; manager of impeaoh- ment, 271: motion on XVth amendment, 405; on Cuban resolution, 620. Longyear, John W., Representative in 39th Congress, 108; resolutions of, 111-113. Loughridge, William, Representative in 40th- Congress, 183, 348, 384; in 41st, 407, 608 ; resolution on increa» ing the currency, 580. Louisiana, J. M. Wells elected governor, 28; pardon of Mayor Monroe, 28, 29; legislation on freedmen, 13, 44; new constitution of; 329, 330; restoration to representation, 337; vote of legislature of 1867 on XlVth amendment, 194; ratines XlVth amend ment. 260,429; military rule ceases, 422,429; vote on XVth amendment, 492; claimants in 39th Con gress, 107; in 40th, 183, 348; Senators and Repre sentatives in 40th Congress, 383 ; in 41st, 407, 507; apportionment of currency in, 696; vote on count ing electoral vote of 1868,394; apportionment of representation under census of 1860, 585; presiden tial vote in 1860,372; in 1868,499; registration in, votes on constitutional convention and ratifying constitution, 374. Lynch, John, Representative in 39th Congress, 108; in 4fith, 182, 347. 383; in 41st, 407, 507; substitute for currency bill, 594. M Magratk, A. G, call of, for meeting of rebel legislature of South Carolina, 22; General Gillmore's order annulling, 22. Magruder, Alexander, letter of Attorney General Evarts to, 422. Magruder, Allen Bm opinion of supreme court of Dis trict of Columbia in case of, 234-238. Maine, vote on XlVth amendment, 194; on XVth amendment, 492; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; apportionment of currency in, 596; apportion ment of representation under census of 1860, 685; presidential vote in 1860 and 1864, 372; in 1868, 499; State election in 1866 and 1867, 372. Mallory, Rufus, Representative in 40th Congress, 183, 348, 384. Manhood Suffrage, see Impartial Suffrage and Col ored Suffrage. Manley, Mathias A., claimant to seat as Senator in 40th Congress, 183. Mann, James, Representative in 40th Congress, 348. Manning, John L., claimant to seat as Seml/jr in 39th Congress, 107 ; resignation of, 182. Marquette, Thomas M., Representative in 39th Con gress. 182. Marriage, Inter-, in Georgia, decision respecting, 474. Marshall, Samuel S., Representative in 39th Congress, 108; in 40th, 1831 348, 384; in 41st, 408,508; resolu tions on tariff, 581, 682; on apportionment, 585; on funding bill, 602. Marston. (Iilman, Representative in 39th Congress, 108. Martial Law, General Grant on declaring, in Texas, 298; General Sheridan's report upon, no^e, 298. Marvin, James M., Representative in 39th Congress, 108 ; in lOth, 182, 348, 383. Marvin, William; appointed provisional governor of Florida, 12; telegrams to and from, respecting re construction, 24, 25 ; claimant of seat as Senator in 39th Congress. 107. Maryland, unconditional union platform, 124; legisla ture on XlVth amendment, 194; Republican plat form and calls of 1S67, 245; memorial to Congress " of Republican members ofthe legislature, note, 246; sundry facts respecting, 259; new constitu tion of, 326; vote on XlVth amendment, 194; on XVth amendment, 558; Senators and Representa tives in 39th Congress, 107; in loth, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 696; apportionment of representation under census of 1860, 585; presidential vote in 180(1 and 1864, 372; in 1868, 499; State elections in 186S and 1867, 372. Massachusetts, vote on XlVth amendment, 194; vote on XVth amendment, 492; Senators and Repre sentatives in 39th Congress, 107; in 40th, 182, 347, 383: in 41st, 407. 607; apportionment of currency in, 696; proposed constitutional amendment to se cure female suffrage, 500; apportionment of repre sentation under census of 1860,686; presidential vote in 1860 and 1864,372; in 1868, 499; State ele* tions in 1866 and 1867, 372. ISDES. 641 Matthsws, J. D., claimant to seat as Representative in 39th Congress, 108. Mayham, Stephen L., Representative in 41st Congress, 407,508; funding motion, 602. Maynard, Horace, Representative in 39th Congress, 108, 182; in 40th, 348, 384; in 41st, 408, 508; funding motion, 004. McCardle Case, the, 456, 457. MoCarthy, Dennis, Representative in 40th Congress, 182, 348, 383; in 41st, 407, 508; motion to abolish income tax, COO. McClellan. George B., vote of. for President, in 1804, 372; vote of, for nomination for President in 1808, 371. McClurg, Joseph W., Representative in 39th Congress, 108; in 40th, 1S3, 348, note, 384. McCormick, James R., Representative in 40th Congress, note, 348, 384; in 41st, 408, 508. MoCay, Judge, decision and opinion in White vs. Geor- "',' gia, 4*470. McCrary, George W., Representative in 41st Congress, 4os, 608. B McCreery, Thomas C, Senator in 40th Congress, note, 347, 383; in 4lst, 407, 607. McCullocH, Hugh, Secretarv of the Treasury, 107, 181, 347, 383; letter of, on General Grant, 289. McCullough, Hiram, Representative in 39th Congress, 108; in 40th, 182, 348, 384. McDonald, Alexander, Senator in 40th Congress, 347, 383; in 41st, 407. 507. McDougall, James A., Senator in 39th Congress, 107. McDowell, Irvin, General, order assigning to and re lieving from command of fourth military district, 346; action of, 323. McGowan, Samuel, claimant to seat as Representative in 39th Congress, 108. McGrew, James C., Representative in 41st Congress, 408, 508. McIndob, Walter D., Representative in 39th Congress, 108. MoKee, George C, Representative ia 41st Congress, 608. McKee, Samuel, Representative in 39th Congress, 108 ; in 40th, 348, 384. McKenzie, Lewis, Representative in 41st Congress, 608. McLeod, F., claimant to seat as Representative in 39th Congress, 108. MoNeel-y, Thompson W-, Representative in 41st Con gress, 408, 508; resolution as to purchase of bonds, 580; as to issue of greenbacks, 596. MoPherson, Edward, clerk House of Representatives 39th Congress, 108; in 40th, 182, 347, 383; in 41st, 407, 507; telegrams concerning, 24. McRuer, Donald C, Representative in 39th Congress, 108. Meade, George G., General, telegrams to and from Gen eral Grant, 313, 314; removal of Governor Jenkins pf Georgia, 320; telegram on test-oath, 320; order assigning, to third district, 346; to department of South, 422; tb division ofthe Atlantic, 424; order as to Georgia sheriffs' resignations, intimidation of voters, carrying of arms, &c, test-oath, ratifica tion Georgia and Florida constitutions, appointing Governors df Georgia and Alabama, Stay law, rat ification XlVth amendment, and withdrawal of military rule from Georgia, Alabama, and Florida, 428. Merchandise in French ships, duties on, 421. Mercur, Ulysses, Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 407, 508. Message, President Johnson's annual, 04-66, 143-147, 384-391; President Grant's on reconstruction, 417; first annual, 633-54G-; on commerce, 540; San Do- ,. mingo treaty, 641; Cuban affairs, 542-544; ratifica- ' tibn of XVth amendment, 545; European war and American shipping, 616. !$taico, relations of United States and Franee to, 146, '*" 147; General Grant and the proposed mission to, "„, 296. Michigan, votes in, on constitutional amendments, 353; "vote on XlVth amendment, 194; on XVth amend-' 'merit, 493, 494; election of 1869,606; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407, 507; apportionment of currency in, 696; apportionment of representation undercen- sus of 1860, 585; presidential vote in 1860 and 1864, ' ' 372; in 1868, 499. , utary, aid to United States marshals and sHeriffs, 123,424; readjustment of districts, 422; orders on reconstruction, 30, 41, 122, 199, 306, 422; jurisdiction of commissions, 475-478. Military Courts, effect of peace proclamation upon, note, 17; order in relation to, 17. Military Division of the Atlantic, order establishing, 346. Military Reconstruction Act, 191, 192; supplements !&*g "BM'atW 6Mi °rders &°™*°r, Militia. Forcis of Insurrectionary States, action and orders respecting, 178, 201. Miller, George F„ Representative in 39th Congress 108; in 40th, 182, 348. 384. s ^ Miller, Samuel P., Justice, opinion in test-oath cases, 228-234; opinion of the United States Supreme Court on right of States to tax through passen gers, 434, 437; dissenting opinion in Bronson vs. Rodes, 447, 448; dissenting opinion as to status of Texas, 450; dissenting opinion in Hepburn vs. Gris wold, 519-523; opinion of United States Supreme Court on the right of States to tax national bankB, 630-532. Milligan Case, opinion of Supreme Court United States. 210-220. Milnes, William, jr., Representative in 41st Congress, Minnesota, vote on proposed State amendment on suf frage, 354; on XlVth amendment, 194; on XVth amendment, 558; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 596; apportion ment of representation under census of 1860, 585; presidential vote in I860 and 1864, 372: in 1868, 499. Minority Representation, vote on, 393 ; provision in con stitution of Illinois to secure, 622. Mississippi, rebel legislature forbidden to assemble, 19; reconstruction steps in, 19, 20; President Johnson's telegram respecting colored suffrage in, 19, 20; laws on freedmen, 29-32; claimants in 30th Congress, 107, 108; made part of fourth military district, 200; orders and action of the military therein, 321-323; injunction case in 1867, 239; new constitution of, 334; vote on calling constitutional convention, 374; constitution lost, 428; test-oath promulgated, poll tax annulled, colored persons competent jurors, 429; Republican and Conservative platforms of 1869, 480-482; bill to authorize the re-submission of the constitution of, 408; Grant's election proclamation under, 505; result at said election on constitution on the separately submitted portions and on Gov ernor, 260; registration in. at first election, 374: at second, 260; vote of legislature of 1867 on XI\ th amendment, 194; vote on XVth amendment, 058, 559; text of and votes on act to admit, 676, 577; re stored to civil authority, 579;'Senators and Repre sentatives from, in 41st Congress, 507, 608 ; appor tionment of currency in, 596; apportionment of representation under census of 1860, 580; presi dential vote in 1860, 372; in 1868, 499. Missouri, vote on XlVth amendment, 104; on XVth amendment, 494, 559; Senators and Representa tives in 39th Congress, 1U7; in 40th, 182. 347, 383; in 41st, 407, 507; apportionment of currency in, 596; apportionment of representation under census of 1860, 585; constitutional test-oath case, opinion of Supreme Court on, 220-226; presidential vote in 1860 and 1864. 372; in 1868, 499. Moffett, John, Representative in 41st Congress, un seated, note, 407. Moore, Eliakim II., Representative ih 41st Congress, 408, 508. Moore, Jesse H., Representative in 41st Congress, 408, 508. Moore, William, Representative in 40th Congress, 182, 348, 384; in 41st, 407, 508. Moorhead, Jamt.s K., Representative in 39th Congress, 108; in 40th, 182, 348, 384. Morgan, Edwin D., Senator in 39th Congress, 107 ; in 40th, 182,347,383. Morgan, George W., Representative in 40th Congress, 183; unseated, note, 348 ; Representative in 41st, 408, 508; substitute for currency bill, providing for re peal of laws authorizing national bank notes and substituting greenbacks, 593. Morphis, Joseph L., Representative in 41st Congress, 508. Morrell, Daniel J., Representative in 40th Congress, 182, 348, 384; in 41st, 407, 508. Morrill, Justin S., Representative in 39th Congress, 108; Senator in 40th, 182, 347, 383; in 41st, 407, 507. Morrill, Lot M., Senator in 39th Congress, 107; in 40th, - 182, 347, 383; in 41st, 507; amendments to suffrage bill, 115; motion on currency bill, 591; on funding bill, 600. Morrill, Samuel P., Representative in 41st Congress, 407, 507. Morris, Daniel, Representative in 39th Congress, 108. Morris, Isaac N., General Grant's letter to, on being candidate for office, 295. . Morrissey, John, Representative in 40th Congress, 182, 347, 383; in 41st, 407, 608. 642 INDEX. Morton, Oliver P., Senator in 40th Congress, 182, 347, 383; in 41st, 407. 507; President Johnson's reply to address of, 44-47; motion as to tenure-of-office bill, 398; on XVth amendment, 402, 403,404; as to Vir ginia, Mississippi, and Texas bill, 410; on public credit bill, 413; on enforcing bill, 655; amendment to Virginia bill, 570; motions on currency, 588-590; on funding bill, 000, 601; on Georgia bill, 611, 612. Moulton, Samuel W., Representative in 39th Congress, Mower,' General Joseph A., assigned to department of Louisiana, 323, 425. Mudd, Samuel A., President Johnson s order tor the execution of sentence upon, 7. Mullins, James, Representative in 40th Congress, 348, 384; objects to electoral vote of Louisiana, 394. Mungen, William, Representative in 40th Congress, 183, 348, 384; in 41st, 408, 508; funding motion, 603. Murphy, Isaac, Governor of Arkansas, President John son's telegram to. 28. Myers, Jasper, Captain, appointed attorney general of Mississippi, 323. Myers, Leonard, Representative in 39th Congress, 108; in 40th, 182, 348, 384; in 41st, 407, 608. IJ National Banks, sundry propositions to restrict, as to circulation, rate of interest charged by, and inter est on United States bonds held by, 589, 600, 594; Mr. Morgan's proposition for repeal of all acts au thorizing the issue of national bank notes, 593. National Bank Notes, propositions relating to, 586-596. National Banking System, resolutions of political con ventions on, 480, 483. National Debt, act to authorize the refunding of the, 597; statements, 500-502, 627-030; resolutions on, 123, 249, 252, 304, 480, 482. Naturalization Laws, act to amend and punish crimes against, 616. National Platforms of 1852, 1856, 1860, and 1804, 356-364 ; of 1868, 364-368 ; resolutions of 1708, 254. Nebraska, election in, on State government, &c, 120; veto of and votes upon bill to admit, 164-106; proc lamation of President Johnson of admission of, 198; ratified XIV th amendment, 353; vote on XVth amendment, 559; Senators and Representatives in 40th Congress, 182, 347, 383; in 41st, 407, 507 ; appor tionment of currency in, 596; apportionment of representation under census of 1860, 585; State vote in 186(1, 372; presidential vote in 1868, 490. Negley, James S., Representative in 41st Congress, 407, 508. Negro Office-holding in Georgia, 466-474. Nelson, Samuel, Justice, dissenting opinion in Veazie Bank vs. Jeremiah Fenno, 528-530. Nelson, Thomas A. R., of counsel of Andrew Johnson, 271. Nesmith, James W., Senator in 39th Congress, 107; call for National Union Convention, 119. Nevada, vote on XlVth amendment, 194; on XVth amendment, 494; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407,507; apportionment of currency in, 596; appor tionment of representation under census of 1860, 685; presidential vote in 1864, 372 ; in 1868,499. Newcomb, Carman A., Representative in 40th Congress, 183, 348, 384. Newell, William A., Representative in 39th Congress, 108. New Hampshire, election in 1866, 120,372; in 1807,259, 372; in 1868,372; in 1869,506; vote on XlVth amend ment, 194; voteson XVth amendment, 494, 495, 559; Senators and Representatives in 39th Congress, 107, 181; in 40th, 182,347, 383; in 41st, 407,607; appor tionment of currency in, 596; apportionment of representation under census of 1860, 586; presi dential vote in 1860 and 1864, 372; in 1868, 499. New Jersey, vote of legislature on ratifying XlVth amendment, 194; on withdrawing the ratification, 353; on XVth amendment, 495; on impartial suf frage, 258; Senators and Representatives in 39th Congress, 107, 181; in 40th, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 596; apportion ment of representation under census of 1800, 585; presidential vote in 1860 and 1864, 372; in 1868,499; State elections in 1866 and 1867, 372. New Orleans Riots, President Johnson's allusions to, 137. Newsham, Joseph P., Representative in 40th Congress, 348,384; in 41st, 608. New York, proposed new constitution of, 326; Repub lican resolutions on impartial suffrage, 268; vote on XlVth amendment, 194; on XVth amendment, 495, 496; on withdrawing said ratification, 662; Sen ators and Representatives in 39th Congress. 107, 182 ; in 40th, 182, 347, 383 ; in 41st, 407, 507 ; apportion ment of Currency in, 596; apportionment of repre sentation in, under census of 1800,585; presidential vote in 1860 and 1804, 372; in 1868, 490. Niblack, William E., Representative in 39th Congress, 108; in 40th, 183, 348, 3S4; in 41st, 408, 508; motion as to public credit bill, 306. Nicholson, John A , Representative in 39th Congress, 108; in 40th, 182,348, 384. Noell, Thomas E., Representative in 39th Congress, 108; in 40th, 183; bill to authorize female suffrage, 184; death of, note, 34S. Norris, Benjamin W., Representative in 40th Congress, 348, 384. North Carolina, provisional governor appointed, 11; reconstruction fteps, IS, 19; claimants for seats in Congress, 107, 108, 183; convention of colored peo ple, 18; laws on freedmen, 29; vote of legislature of I860 on XlVth amendment, 194; platform of Republican State convention, 251, 252; made part of second military district, 200; orders and action of the military therein, 201-204, 317-319; new consti tution of, 332; restoration to representation, 337; Representatives elecffrom, 348; vote of legislature of 1808 on XlVth amendment, 353, 379; order as to railroad directors, 427; ratification of XlVth amendment. 427; military rule ceases, 422, 427; vote on XVth amendment, 496; claimants in 39th Congress, 107, in 40th, 1st and 2d session, 183, 348; Senators and Representatives in 40th, 3d session, 383; in 41st, 407, 507; apportionment of currency in, 690; apportionment of representation under census of 1800, 585; presidential vote in 1860, 372; in 1868, 499; registration and disfranehrjl.ment in, and votes on 'constitutional convention and rati fying constitution, 374. Northern Pacific Railroad bills, 565-567. Norton, Daniel S., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407; death of, note, 607; call for National Union Convention, 119. Notes, United States, not a legal-tender for State.taxes, Supreme Court opinion on, 439; increase of na tional bank, 586-596. Nunn, David A , Representative in 40th Congress, 348, 384. Nye, James W., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507. Office-holding by Georgia negroes, 466, 474. Official Orders and Proclamations, President John son's, 7-18, 194-208, 342-340, 379, 419; President Grant's, 420, 421, 605, 544. Ohio, Legislature on XlVth amendment, 194; votes on withdrawal of, 353; resolutions of Democratic convention of 1807, 247, 248; votes on proposed amendment to State constitution giving suffrage to soldiers, 258; Republican and Democratic plat forms, 482, 483, 624; vote against XVth amend ment, 496, 497; vote to ratify the XVth amend ment, 562; Senators and Representatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 590; apportion ment of representation under census of 1860, 585; presidential vote in 1860 and 1864, 372; in 1868,499. O'Laughlin, Michael, President Johnson's order for the execution of sentence upon, 7. O'Neill, Charles, Representative in 39th Congress, 108 ; in loth, 182, 348, 384; in 41st, 407, 608. Ord, Edward O. C, Major General, assignment of, to and from the command of fourth military district, 200, 345; orders of, 206, 321-323; ordered to depart ment of California, 346. Order No. 44, facts concerning, 122, 308. Orders, Military, on Reconstruction, 36-38; 41,42; 122, 123,124; 199-208; 300-308; 422-430. Oregon, election of 1866. 120; of 1808, 372; vote on XlVth amendment, 194; onXVth amendment, 497; apportionment of currency in, 590; apportionment of representation under census of 1800, 585; presi dential vote in 1800 and 1864, 372; in 1868, 499. i Orth, Godlove S., Representative in 39th Congress, 108; in 40th, 183, 341 384; in 41st, 408, 508. Osborn, Thomas \V., Sen.. .or in 40th Congress, 347,383; in 41st, 407, 607. Pacific Railroad Bonds, amount issued to Pacific rail road companies, 603, 630. Packard, Jasper, Representative in 41st Congress, 408, 608. INDEX. 64S Packer, John B,, Representative in 41st Congress, 407, 608. Paine, Halbert IS., Representative in 39th Congress, , 100; in lath, 183, :,i3, 3S-1; in 41st, 408, 508; resolu tion as to Georgia i*ongressmen, 303; report on im peachment, 2i;o. Palm* r, Frank W., Representative in 41st Congress, ¦1UJ, 008. Pabdonld Rebels, order for return of property to, 13 ; President J oh nson's allusions to, 139. Parole of Rebll Solt.iers, terms of, 120-122. Parsons, Lewis E., appointed provisional governor of Alabama, 12, 21 ; proclamation for election for con vention, 21; claimant to seat as Senator in 39th Congress, 107 ; telegram to President Johnson re specting XlVth amendmentand reply, note, 352. ,Passeng;:r 'Iax, can states levy a through, 431—437. Patterson, David '!'., Senator in 39th Congress, 107, 181 ; in 40th, 182,347,383. Patterson, James W., Representative in 39th Congress, 103; Senator in 4Jth, 182, 347, 383; in 41st, 407, 607. Patton, R. M., governor of Alabama, vetoes of certain bills respecting freedmen, 21, 22; removed, 428. Payne, Lewis, President Johnson's order for the exe cution of sentence upon, 7; order respecting re- ^ ward for, 198; application for habeas corpus, 260. 'Pease, E. M., appointed governor of Texas, 323. "Peck, Erasmus D., Representative in 41st Congress, note, 508. Pennsylvania, resolutions of Union and Democratic State conventions of 1866, 123; vote on XlVth amendment, 104; Republican and Democratic plat forms, 4S3, 484; vote on XVth amendment, 497; Senators and Representatives in 39th Congress, 107 ; in 40th, 182, 347, 383 ; in 41st, 407, 507 ; apportionment of currency in, 590; apportionment of representa tion under census of 1860, 5S5; presidential vote in 1860 and 1864, 372; in 1868, 499. Perce, Legrand W., Representative in 41st Congress, 508. Perham, Sidney, Representative in 39th Congress, 108 ; in 40th, 182, 347, 383. Perry, Benjamin F., provisional governor of South Carolina, 12; telegrams to and from, 22, 23, 24; claimant of seat as Senator in 39th Congress, 107. Peters, John A., Representative in 40th Congress, 182 ; 347, 383; in 41st, 407, 507. Pettis, S. Newton, Representative in 40th Congress, note, 384. Peyton, E. G., claimant to seat as Representative in 39th Congress, 108. Phelps, Charles E., Representative in 39th Congress, 108; in 40th, 182, 348, 384; minority representation motion, 392. Phelhs, Darwin, Representative in 41st Congress, 407, 508. Phillips, Wendell, President Johnson's allusions to, 61, 136, 140. Pickett, George B., General, application for clemency, 301, 305 ; General Grant upon, 305. Pierce, Charles W., Representative in 40th Congress, 348, 384. Pierpoint, Francis H., recognized as governor of Vir ginia, 8; superseded, 317. Pike, Frederick A., Representative in 39th Congress, 108 ; in 40th, 182, 347, 383. Pile, William A., Representative in 40th Congress, 183, 348, 384. Pinson, Richard A., claimant to seat as Representative in 39th Congress, 108. Plants, Tobias A., Representative in 39th Congress, 108; in 40th, 183, 348, 384. Platforms of 1864, Union and Democratic, 117, 118; . State platforms of 1866, 123, 124, 240-243; of 1867, 243-256; of 1868, 364-368; of 1869, 478-488; national platforms of 1852, 1856, 1860, and 1864,356-364; oi 1868, 364-368 ; of 1870, 622-024 ; resolutions of 1798, 254. Platt, James H., Jr., Representative in 41st Congress, 508. Poland, Luke P., Senatorin 39th Congress, 107; Repre sentative in 40th Congress, 182, 347,383; in 41st, 407 507. Polsley, Daniel, Representative in 40th Congress, 183, 34S, 384. Pomeroy, Charieb, Representative in 41st Congress, 408,508. ¦ „ . Pomeroy, Samuel C, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; motions on Georgia bill, 612-614. . . Pomeroy. Theodore M., Representative m 39th con- . gress, 108; in 40th, 182, 348, 383; [Speaker of House of Representatives last day of 40th Congress, vice Sctjyleb Colfax resigned to accept the Vice Presi dency.] Pool, John, claimant to seat ns Senator in 39th Con gress, 107; in 40th, 183; Senator in 40th, 3S3; in 41st, 407, C07; motions on enforcing bill. 055, 556. Pope, B. T„ claimant to seat js Representative in 39th Congress, 10S. Pope, John, Major General, assigned to department of Cumberland, 200; orders ot, 204^200; telegrams to and from General Grant. 310-313; orders and action of, in third military district, 200, 319, 320; order re lieving, 340. Porter, Charles H., Representative in 41st Congress, 508. Potter, Clarkson N., Representative in 41st Congress, 407, 00S; motion as to income tax, 605. Pratt, Daniel D., Senator in 41st Congress, 407, 507. Presidential Vote of I860 and 1804, 372; of 1868, 409. Price, Hiram, Representative in 39th Congress, 108; in 40th, 183, 318, 384. Prince, Charles H., Representative in 40th Congress, 343, 381. Prior Contracts in Coin, decision concerning, 511-523; Proclamations and Orders, Official and Presidential, Johnson's. 7-18, 104, 208, 342-340, 379,419; Grant's, 420. 421, 505, 544. Prosser, William F., Representative in 41st Congress, 408, 508. Pruyn, John V. L., Representative in 40th Congress, 182, 317, 3S3. Public Credit, bill, 395-397. ("pocketed" by President Johnson;) act, 412, 413, (approved by President Grant.) Public Debt, resolution respecting inviolability of, 109 ; proposed constitutional amendment respect ing, 102, 103, 191; amount of, 120, 259, 374, 500-503, 627-630 ; President Johnson's allusions to, 141, 140. Publio Lands, proposed legislation on, 110, 186; statis tics as to, 625. R. Radford. William, Representative in 39th Congress, 108. Ramsey. Alexander, Senator in 39th Congress, 107 ; in 40th. 182, 347, 383 ; in 41st, 407, 507 ; introduces North ern Pacific railroad bill, 567. Randall, Alexander W., Postmaster General, 181, 383, 387; call for a National Union Convention, 119 ; let ter of, on General Grant, 289. Randall, Samuel J., Representative in 39th Congress, 108; in 40th. 182, 348, 3S1; in 41st, 407,508; resolution on public debt, 109; motion on Northern Pacific railroad bill, 570; substitute for currency bill, 592. Randall, William H., Representative in 39th Congress, 108. Raum, Green B., Representative in 40th Congress, 183, 3-18,884. „ Rawlins. John A., Secretary of War, 406; Attorney Gen eral Hoar's letter to, on jurisdiction of military commissions, 475-478; death of, note, 507. Raymond, IIenry J., Representative in 39th Congress, Reading, John R., Representative in 41st Congress and unseated, note, 407. Reagan, John H., President Johnson's release of, 14. Rebel Cruisers, proclamation concerning, 9. Rebel Debt, propositions to repudiate, 19, 21, 23, 24, 28. 102," 106. 109, 191. . ,. Rebellion Suppressed, proclamation announcing the, 15, 10, 194-196. „ , . ,„ Rebels Pardoned, order for return of property to, 13. Reconstruction, majority and minority of committee on, 8-1-101; votes upon propositions of, note, i2,102- 100; reconstruction act, ("military,") veto of, and votes upon.lCO-173; supplementary reconstruction act, veto of, and votes u pon, 178-181 ; General Grant's views upon. 294, 298-3U0; supplemental measures, July, 1807, March and July, 180S, and orders con nected therewith, 335-311 ; President Johnson s or ders referring to, 199, 200, 345. 340, 3i9; Johnson s last message on, 3S4-39J.; additional legislation, 40S-415; Grant's message on, 417; military orders, 422-432; of Virginia, Mississippi, and Texas, 572- 579; of Georgia, act to promote the reconstruction of, and votes thereon, 000-015. Reconstruction Measures of Thirty-ninth Fortieth, and Forty-first Congresses, 191-194, 3.35-1.37, 408, 57^- 009; votes of legislatures thereon. 194, 3d3, 380. Reconstruction Policy of Congress, resolutions upon, 123 124, 240, 242, 243, 244, 247, 2o0, 251, 252, 253, 364, 307' 30S,'479.' Reduction of Revenue and Taxation, 609, 626. Reeves, Henry A., Representative m 41st Congress, 407, 508; resolution abolishing tariff on salt, 582. Registration in insurrectionary States under military reconstruction acts, 200, 374. G44 INDEX. Removal of Disabilities, vote on, 393. Representation and Direct Taxes, proposed amend ment on, negatived, 104. Repregentation, proposed constitutional amendment on, lo.i-106, 191; eens*us tables on, 125; vote on mi nority, 302, 393; on proposed apportionment of, 683-68,) ; actual apportionment of, under census of 1SC0, 6S5. Representation of Insurrectionary States, President Johnson's allusions to, 67-06, 71, 72, 82, 130, 144, 153, 172; concurrent resolution upon, note. 72; majority and minority reports upon, 84-101 ; biils and propo sitions relating to, 102-100; resolution concerning, 109; joint resolution regulating, 184; hills prescrib ing terms of, 151, 101. 192, 335-337, 408, 572-300. Representatives in Thirty-ninth Congress and Claim ants, 108, 109, 181, 182; in 40th, 182, 183, 347, 348; in 41st, 407, 507. Republican National Platforms of 1856, 1860, and 1SC4, 330-304; of. 1803, 304, 0U5. Repudiation, resolutions on, 391, 392, 679. Resolutions, to create the joint committee on recon struction, note, 72; on payment of the public debt, 100; punishment of treason, 109; representation of the insurrectionary States, 100; elective fran chise in the States, 110; test-oath, 110; test-bath for lawyers, 111; indorsement of President John son's policy, 111; withdrawal of military forces, 111; legal effect of rebellion, 111; recognition of State government of North Carolina, 113; trial of Jefferson Davis, 113; the Fenians, 113; proposed impeaehmeut of President Johnson, 187-190, 264- 266; thanks to ex-Secretary Stanton, 350; condemn ing President Johnson's repudiation plan, 301, 392; onrepudiation,579; pureliasingbonds,580; increas ing currency, 680; tariff, 581; general amnesty,5S2; apportionment, 583-585. Restoration of Insurrectionary States, 152, 191, 192, 335- 338, 672, 609. Revels. Hiram R., Senator in 41st Congress, 507. Revenue and Expenditures, from 1860, 376-377 ; receipts and reductions in; 6U9, 626. Reynolds, Arthur E., claimant to seat as Representa tive in 39th Congress, 10S. Reynolds, General J . J., assigned to fifth district, 422, 424; relieved, 424; orders cessation military rule in Louisiaua, convention tax to be paid, Texas not to send Presidential electors; is removed, rein stated, test-oath, 429-430. Rhode Island, election of 1866,120; of 1867, 269; of 1868, 872; of 1869, 506; on XlVth amendment, 1(14; on XVth amendment, 497, 559; Senators and Repre sentatives in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; apportionment of currency in, 596; apportionment of representation under qonsus of 1860, 585; Presidential vote in 1860 and 1864,372; in 1808,499; State elections in 1866, 1867, and 1868, 372. Rice. Alexander II., Representative in 39th Congress, 108. Rice, Benjamin F., Senator in 40th Congress, 347, 383; in 41st, 407, 507. Rice, John H., Representative in 39th Congress, 108. Rice, John M., Representative in 41st Congress, 408, 508. Riddle, George Read, Senator in 39th Congress, 107; death of, note, 182. ' Ridgway, Robert, claimant to seat as Representative in 39th Congress, 108; Representative in 41st, 608. Ritter, Burwell C, Representative in 39th Congress, 108. Roberts, O. M., claimant to seat as Senator in 39th Con gress, 182. Robertson, Thomas J., Senator in 40th Congress, 383; in 41st, 407. 607. Robertson, William H., Representative in 40th Con gress, 182, 347, 383. Robeson, George M., Secretary of the Navy, 406, 507. Robinson, Brevet Major General J. C, order of, against whipping, 201. Robinson, William E., Representative in 40th Congress, 182, 347, 383; motion to table impeachment resolu tion, 190. Rockwell, Charles F., Brevet Captain, appointed treas urer of Georgia, 320. Rogers, Anthony A. C., Representative in 41st Congress, 408, 508. Rogers, Andrew J., Representative in 39th Congress, ¦ 108. ' Rollins, Edward H., Representative in 39th Congress, 108. Roots, Logan 11., Representative in 40th Congress, 348, 384; in 41st, 408, 608. Ross, Edmund u. Senator is 39th Congress, 181; in 40th, 182, 347, 383; in 41st, 407, 507; motion on currency bill. 690. Ross, Lew^s W., Representative in 39th Congress, 108; in 40th. 183, 348, 384. Rousseau, Lovell H., Representative in 39th Congress, 108, 182. Ruger, Thomas H., Brevet Brigadier General, appointed governor of Georgia, 320 ; relieved, 428. Salt, vote on proposed reduction of duty on, 582; Ohio Democrats on tariff on, 482. San Domingo Treaty, message as to, 541, 542. Sanders. Gjeorge, President Johnson's order for arrest of, 8; order revoking reward for, 198. Sanford, Stephen, Representative in 41st Congress, 407, 608. SARGrNT, Aaron A., Representative in 41st Congress, 408.508; motion on Northern Pacific railroad bill, Saulsbury, Willard, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion on cur rency bill, 6S9. Sawyer, Frederick A., Senatof in 40th Congress, 383; in 41st, 407,607; motion as to the XVth amend ment. 401. Sawyer, Philetus. Representative in 39th Congress, 108; in 40th, 183, 348, 384; in 41st, 408, 608. Schenck, Robert C, Representative in 39th Congress, 108; in 40th, 182, 318, 384; in 41st, 408, 508; proposi tions on representation, 104, 105; on Fenian reso lution, 114; on suffrage in District of Columbia, 115; on suspending payment for slaves drafted or vol unteered, 186, 187; reintroduces public credit bill, 413; reports substitute to Senate funding bill, 601; funding motions, 603; reports bill to reduce inter nal taxes, 605; tariff amendment, 606; statement of reductions under revenue aet, 609. Schofield, John M., Major General, orders in North Carolina, 18; orders of, 200, 201; confirmation of, as Secretary of War, 264,347; action of, in reconstruct ing Virginia, 316,317; Secretary of War, 383; note, 407; assigned to department of the Missouri, 425. Schumaker, John G., Representative in 41st Congress, 407, 508. Schurz. Carl, General, resolutions of, at Chicago Con vention, 360; Senator in 41st Congress, 407, 507. Scofield, Glenni W., Representative in 39th Congress, 108; in 40tb, 182, 348, 384; in 41st, 407, 508; motions on apportionment, 585; on currency bill, 696. Scott, John, Senator in 41st Congress, 407, 507; motion on enforcing bill, 556 ; on Northern Pacific railroad bill, 568. Segar, Joseph, claimant to seat in 39th Congress, 107. Selye, Lewis, Representative in 40th Congress, 182, 348, 383. Senators in 39th, 40th, and 41st Congresses, and claim ants, 107, 108, 181, 182, 347, 407, 607. Seward, William H., Secretary of State, 107, 181, 347, 383 ; certificate of ratification of anti-slavery amend- ment, 0; telegrams to provisional governors, 21,23, 24, 25, 199; report on transmission of XlVth con stitutional amendment, 83, 84; letter of, on General Grant's conversation with President Johnson, 290; certificate respecting ratification of XlVth consti tutional amendment, 379 ; final certificate XlVth amendment, 417-419. Seymour, Horatio, nominated for President, 371; speech on accepting, 381; presidential vote, 499. Shanklin, George 8., Representative in 89th Congress, 108. Shanks, John P.O., Representative in 40th Congress, 183, 348, 384; in 41st, 408, 608. Sharkey, William L., appointed provisional governor of Mississippi, order for convention and President Johnson's telegram to, respecting action of, on slav ery, elective franchise, Ac, 19, 20; claimant as Senator in 30th Congress, 107. Sheldon, Lionel A., Representative in 41st Congress, Sheldon, Porter, Representative in 41st Congress, 407, Shellabarger, Samuel, Representative in 39th Con- . gress, 108; in 40th. 1S3, 348, 384; motion on XI Vth amendment. 400, 406. Sheridan, Philip jr., Major General, assigned to fifth district, 200; relieved, 323; orders under military reconstruction bill, 200, 207; report on condition of Texas, note, 298; assigned to department of Mis souri. ,306,346; letters and orders on removal of, 306-308, 345; orders and telegrams of .and to, on re- eonstEUotlon. SOSrSlO ; to department of Louisiana, to division of the Missouri, 424, INDEX. 645 Sherman, John, Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 607; motion respecting Georgia, 340 ; telegram of Lieutenant General Sher man to, 340; motion on Texas bill, 679; reports currency bill, 587; motions to strike out and insert, 588; on currency bill, 689, 590; reports fundingbill, 698; motions thereon, 600; as to gross receipts, 007 ; on Georgia bill, 613. Sherman, William T., General, agreement with General Johnston, 121, 122; letter as to surrender of J. E. Johnston, 504, 500 ; Lieutenant General, order as- ' signing to military divison ofthe Atlantic, 346; nominated for brevet rank of general and telegram declined, 34G. Sherrod, William'O., Representative in 4lst Congress, 608. , % Shields, James, reports Illinois Central Railroad bill, 664. .Shipping, message of President Grant on European war and American shipping, 610. Shober, Francis E., Representative in 41st Congress. note, 407, 608. Sickles, Daniel E., Major General, order setting aside South Carolina code, 30-38; assigned to seconddis- trict, 200; orders under military reconstruction hill, 202-204, 317 ; ord# relieving, 315. Sioux City and Pacific Railroad Company, United States bonds issued to, 603, 630. Bugheaves, Charles, Representative in 39th Congress, 108; in 40th, 182, 348, 384. Sixteenth Amendment, to United States Constitution, proposed, 606. Slavery and Reconstruction, General Grant's views upon, 293, 298-304. Slaves, to suspend payment for, 186, 187; General Grant's orders respecting, 293, 294. Sloan, Ithamab C, Representative in 39th Congress, 108. Slocum, Henry W., Representative in 4ist Congress, 407, Smith, Green Clay, Representative in 39th Congress, 108: resignation of, 182. Smith, John a., Representative in 41st Congress, 408, 508. Smith, Josephs., Representative in 41st Congress, 408, 508; motion on currency bill, 594. Surra, William H., appointed Governor of Alabama, 428 ; ordered to organize the legislature, 428. Smith, William J., Representative in 41st Congress, 408, Smith, Worthington C, Representative in 40th Con gress, 182, 347, 383;' in 41st, 407, 507. Smyth, William, Representative in 41st Congress, 408, Snow, William D., claimant to seat as Senator in 39th Congress, 107; in 40th, note, 183. South Carolina, provisional governor appointed, 12; telegrams to and from, 22, 23, 24, and note; recon struction steps in, 22-24; General Gillmore's order annulling Governor Magrath's call for a rebel legis lature^; laws on freedmen and General Siekles's order thereon, 34-37; claimants in Congress, 107, 108, 182 ; made part of second military district, 200 ; platform of Charleston Republicans, 1867,252,253; orders and action of the military therein, 200-204, 317-319; new constitution of, 332, 333; restoration to representation, 337 ; Representatives elect from, 348; onXIVth amendment, 194, 260,428; military rule ceases, 422, 428; vote on XVth amendment, 497, 498 j claimants in 39th Congress, 107; in 40th, 2d session, 348; Senators and Representatives in 40th, 3d session, 383; in 41st, 407,507; apportion- . ment of currency in, 596 ; apportionment of repre sentation under census of 1860, 585 ; registration and disfranchisement under military reconstruc tion acts, 374; votes on constitutional convention and on ratifying constitution, 374; presidential vote in 1860, 392; in 1868, 499. Southern Unionists' Convention, call for, 124; resolu tions of, 241. Spalding, Rufus P., Representative in 39th Congress, 108; in 40th, 183, 348, 384; motion to table impeach ment resolution, 1SS ; subsequent resolution, 205. jSpanoler, Edward, President Johnson's order for the execution of sentence upon, 7. §tMB, James, resignation of, as .Attorney General, 181; circular respecting Fenians, 18; action on habeas corpus for Lincoln's assassins, 260. Spencer, George E., Senator in 40th Congress, 383; in 41st, 407, 607. Spink, S. L., resolution on tariff, 581. Sprague, William, Senator in 39th Congress, J07; in 40th, 182, 347, 383 ; in 41st, 407, 507. glANBERY, Henrx, Attorney General, 181; of counsel of Andrew Johnson, 271; rejected on re-nomination, 347. SWZf'^T--t' M"^eretary of War,107, 181; reasona toi revoking order offering reward for the arrest oi Surratt and others, note, 108; request for resig nation of, nnd reply, 261; order of suspension, and Senate vote upon, 261,262; order of removal, and Senate vote upon,202, 263; letters to GeneralGrant and to President Johnson, 261, 262; letter an nouncing that he had relinquished charge of the War Department, and order to General 1 ownsend 263; President Johnson's order respecting orders' of, 284; General Grant's letter to President John son on removal of, 306-308; suspension of, as Sec retary of War, 347; resolution censuring, 308; vote of thanks to, 850. Starkweather, Henry H., Representative in 40th Con gress, 347, 383; in 41st, 407, 608. Starr, John F-, Representative in 39th Congress, 108. State Banks, right of United States Government to tax, 623, 530. Stair Platforms, of 1806, 123, 124, 240-243; of 1867, 243- 256; of 1868, 364-368; of 1869, 478-488; of 1870, 622- 624. State Prisoners, release of, President Johnson's order for, 199, 200. State Tax, on through passengers, 434-437. State Taxation, of national banks, 530-532. Statistical Tables, population, tariff, public lands, re venue, election returns, taxation of national banks, registration and disfranchisement, expenditures of Government sundry years, and national debt statements, 120, 126, 370-377, 600-502, 025-630. State of Texas vs. George W. White et al., opinion of Supreme Court of United States in case of, 448-466. Status of Texas, decision respecting, 448-456. Stearns, George L., President Johnson's interview With, 48, 49. . Stephens, Alexander H., claimant to seat in 39th Con gress, 107; President Johnson's release of, 14. Stevens, Aaron F„ Representative in 40th Congress, 182, 347, 383 ; in 41st, 407, 607. Stevens, Thabdeus, Representative in 39th Congress, JOS; in 40th, 182, 348; allusions of President John son to, 61, 135, 137, 140; resolutions on representa tion, note, 72; propositions from Reconstruction Committee, 103-105; resolution ontest-oath for lawyers, 111 ; motion not to reSognize the North Carolina State government, 113; report and action in favor of impeachment, 265, 266; manager of impeachment, 271 ; death of, note, 384v ^ Stevenson, Job E., Representative in 41st'Congress>407, 508, N Stewart, Alexander T., nominated and confirmed as * Secretary of the Treasury, and not eligible, note, 406. Stewart, Thomas E., Representative in 40th Congress, 182, 347, 38.3. Stewart, William M., Senator in 39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 507; motion respect ing General Schofield'? confirmation, 264; motions on XVth amendment, 400, 401, 404; moves substi tute for enforcing bill, 552; funding motion, 601. Stiles, John D., Representative in 41st Congress, 407, 608. Stillwell, Thomas N.. Representative in 39th Congress, 108. St. Martin, Louis, claimant to seat as Representative jn 39pb Congress, 108. Stockton, John P., Senator in 39th Congress, seat va cated, note, 107, 181; iD 41st, 407, 507. Stokes, William B., Representative in 39th Congress, 108,182; in 40th, 348, 384; in 41st, 408, 508; motion as to disability bill, 583. Stone. Frederick, Representative in 40th Congress, 182; 348, 384; in 41st, 407, 508. Stoneman, General, removes Governor Wells and is himself removed, 425. Stoughton, William L., Representative in 41st Congress, 408, 608. Stover, John H., Representative in 40th Congress, note, 384. Strader, Peter W., Representative in 41st Congress, 407, 508. Strickland, Randolph, Representative in 4Jst Congress, 408, 508. Strong, Julius L., Representative in 41st Congress, 407, 508. Strouse, Myer, Representative in 39th Congress, 108. Stuart, Alexander H. H., claimant to seat as Repre sentative in 39th Congress, 108. Stubbs, Jesse R., claimant to seat as Representative ui 39th Congress, 108. L , , . . Subsidies, land, legislation on, 663-572 ; table showmg, 626. Sdtfba . 348,384; in 41st, 408, 508. Wilson, Stephen F., Representative in 39th Congress, 108; in 40th, 182, 348, P84. Winans, James J., Representative In 41st Congrecs, 408, 508. Winchester, Boyd, Representative in418t Congress, 408, 608. Windom, William, Representative in 39th Congress, 108; in 40th, 183, 348, 384. Winfield, Charles H., Representative in 89th Congress^ 108. Winston, John A., claimant to seat as Senator in 40th Congress. 183. Wisconsin, vote on XlVth amendment, 194 ; on XVth amendment, 498 ; Senators and Representatives in 39th Congress, 107; in 40th, 182,347,383; in 41st, 407, 607; apportionment of currency in, 696; appor tionment ot representation under census of 1860, 685; presidential vote in 1860 and 1864, 372; in 1808, 499. Witcher, John S., Representative in 41st Congress, 408, 508. Wofford, W. T., claimant to seat as Representative in 39th Congress, 108, 182. Wood, Fernando, Repfesehtative fn 40th Congress, 182, 347,383; in 41st, 407, 608 ; motieri tb admit Texas without conditions, 578 ; motion on tariff, 681 ; on funding bill, 603. Woodbridge, Frederick E., Representative in 39th Con gress, 108; in 40th, 182, 347, 383; motion respecting Alabama, 340. Woodward, George W., Representative ih 40th Con gress, note, 348, 384; in 41st, 407, 608 ; motion totax bonds, 605. Worth, Jonathan, elected Governor of North Carolina, 19. Wright, Edwin R. V., Representative in 39th Congress, 108. Wright, William, Senator in 39th Congress, 107; death of, 181. Wylie, Andrew, Justice, opinion on test-oath, 286-289) action in the habeas corpus in the case of Mrs. Sur- - ratt, Payne, and Atzerodt, 260. Yates, Richard, Senator in 39th Congress, 107; in 40th, 182, 347,383; in 41st, 407,607; motion respecting Secretary Stanton's removal; 263, Young, Pierce M. 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EDWARD McPHERSON, LL.D., Clerk of United States House of Representatives. A. ffe-w Newspaper IV oticos are given : Neiv York Evening Post : McPherson's Hand-Book of Politics has become one of the standard publica tions. The volume for 1874 is of even more than usual interest. To any one who desires to follow the current of politics, this book is almost indispensable. Neiv York Nation: It has unusual value, and is as indispensable as any of its predecessors. N. M. H., in Nezo York Tribune : It is full of all manner of political statistics. Boston Journal: Indispensable to any one who seeks to understand political movements. Chicago Tribune : As the work is in every way faithfully performed, it cannot fail of a cordial reception. It is invaluable to all who are interested in national affairs. The Chicago Advance : Is not only a convenient and useful digest, but is an exceedingly instructive summa rerum of contemporary legislation, indicative of the progress of political science and the nature of the ques tions which are now coming to the front. Baltimore American : The biennial manual has become one of the necessities of the age. Louisville Courier Journal : A standard authority so well known that it requires no commendation. No one who desires to be well informed can afford to be without the complete set of Mr. McPherson's Hand-Books. Cincinnati Times : It should be in the hands of every one interested in the approaching campaign. Richmond Dispatch : It is fairly prepared, and we give the author credit for shaping his collation with reference to public information, and in no sense to party advantage. Pittsburg Chronicle : It should be in the hands of every student of current political affairs. Harrisburg Telegraph : Valuable to all who wish to have in a convenient form for reference a reliable statement of important political action. Harrisburg Patriot: It is, in brief, a carefully-digested and accurate compendium of the politics of the country. West Jersey Press: It contains all that is worth knowing concerning the action of men and parties, touching the political problems of the day, Newark (N. J.) Courier: No book with which we are acquainted gives so concise and yet so clear and comprehensive a summary of the principal facts of the political history of the times as this modest compila tion. His (the compiler's) tact and judgment are as admirable-as his fairness and accuracy. 8vo., 248 pp., cloth. Price, $2.50, postage paid. Address, *SOLOMONS & CHAPMAN, Metropolitan Bookstore, Washington City, D. C. YALE UNIVERSITY a39002 003115<4l8b