'Y^E'WMIIYIEI&SinrY' Bought with the income of the Azariah Eldridge Memorial Fund, 19\lf This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy ofthe book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. DOCUMENTARY SOURCE BOOK OF AMERICAN HISTORY THE MACMILLAN COMPANY NEW YORK • BOSTON ¦ CHICAGO ATLANTA ¦ SAN FRANCISCO MACMILLAN & CO., Limited LONDON ¦ BOMBAY • CALCUTTA MELBOURNE THE MACMILLAN CO. OF CANADA, Ltd. TORONTO DOCUMENTARY SOURCE BOOK OF AMERICAN HISTORY i 606- 1 898 EDITED WITH NOTES BY WILLIAM MACDONALD ~ PROFESSOR QF HISTORY IN BROWN UNIVERSITY Nefo gotfe THE MACMILLAN COMPANY 1913 All rights f^eryed Copyright, 1908, By THE MACMILLAN COMPANY. Set up and electrotyped. Published August, 1908. Reprinted February, September, 1909; January, 1911; August, 1913. Oo 3,43a Wortooo* litems J. 8. Cushing Oo. — Berwick & Smith Co. Norwood, Mass., U.S.A. PREFACE The present volume has been prepared in response to a request, frequently made by teachers who have used my "Select Charters," " Select Documents," and " Select Statutes," for a briefer collection of documents particularly designed for courses of instruction of an elementary or comprehensive character, or which cover both the colonial and the constitutional peri ods of American history in a single year. In making the selection, accordingly, I have aimed to include such documents only as experience has shown to be most necessary or useful in comprehensive courses, bearing in mind the time available for the average student. The texts are the same as those in the three volumes named above, except the treaties, which here follow the better text in the United States Statutes at Large. Many of the documents, however, have been further condensed by the omission of formal, technical, or relatively unimportant provisions ; a few errors in the earlier volumes have been cor rected ; and some changes have been made in the notes. I shall be glad if the volume serves to facilitate the study, especially in elementary courses, of the documentary sources of American history. william macdonald. Providence, Rhode Island, July, 1908. Contents NUMBER I. First Charter of Virginia. April 10/20, 1606 . 2. Second Charter of Virginia. May 23/ June 2, 1609 3. Third Charter of Virginia. March 12/22, 1611/12 4. Mayflower Compact. Nov. n/21, 1620. _ 5. Ordinance for Virginia. July 24/ Aug. 3, 1621 6. First Charter of Massachusetts. March 4/14, 1628/9 __ 7. Charter of Privileges to Patroons. June 7/17, 1629 8. Charter of Maryland. June 20/30, 1632 — 9. Fundamental Orders of Connecticut. Jan. 14/24, 1638/9 - 10. Fundamental Articles of New Haven. June 4/14, 1639 • II. Patent of Providence Plantations. March 14/24, 1643 12. New England Confederation. May 19/29, 1643 . 13. Government of New Haven. Oct. 27/Nov. 6, 1643 - 14. Maryland Toleration Act. April, 1649 . 15. First Navigation Act. 1660 16. Charter of Connecticut. April 23/May 3, 1662 .17. First Charter of Carolina. March 24/ April 3, 1662/3 18. Charter of Rhode Island and Providence Plantations. July 1663 -j 9. Second Navigation Act. 1663 .... 20. Grant to the Duke of York. March 12/22, 1663/4 21. Second Charter of Carolina. June 30/July 10, 1665 --22. Third Navigation Act. 1672 .... 23. Charter of Pennsylvania. March 4/14, 1680/81 24. Second Charter of Massachusetts. Oct. 7/17, 169 ?25. Navigation Act. April 10/20, 1696 26. Treaty of Utrecht. March 31/April II, 1713 27. Charter of Georgia. June 9/20, 1732 28. Molasses Act. May 17/28, 1733 . 29. Writ of Assistance. Dec. 2, 1762 . 30. Treaty of Paris. Feb. 10, 1763 31. Royal Proclamation concerning America. Oct. 7, 1763 32. Sugar Act. April 5, 1764 8/18, PAGE I 9 1419 20 2226 31 3639 43455° 53 55 60 6366 7274 76 78 808490 93 95 i°3 105109 »3117 viii CONTENTS NUMBER PAGE 33. Stamp Act. March 22, 1765 122 34. Quartering Act. April, 1765 131 35. Resolutions of the Stamp Act Congress. Oct. 19, 1 765 . . . 136 36. Declaratory Act. March 18, 1766 139 37. Act suspending the New York Assembly. June 15, 1767 . . 141 38. Townshend Revenue Act. June 29, 1767 ..... 143 39. Massachusetts Circular Letter. Feb. 11, 1768 .... 146 40. Boston Port Act. March 31, 1774 150 41. Massachusetts Government Act. May 20, 1774 .... 155 42. Administration of Justice Act. May 20, 1774 .... 159 43. Declaration and Resolves of the First Continental Congress. Oct. 14, 1774 162 44. The Association. Oct. 20, 1774 166 45. Lord North's Conciliatory Resolution. Feb. 27, 1775 . . . 171 46. New England Restraining Act. March 30, 1775 . . . .172 47. Declaration of the Causes and Necessity of Taking up Arms. July 6, 1775 176 48. Report on Lord North's Conciliatory Resolution. July 31, 1775 . 184 49. Proclamation of Rebellion. Aug. 23, 1775 188 50. Declaration of Independence. July 4, 1776 ..... 190 51. Articles of Confederation. Nov. 15, 1777 195 52. Treaty of Paris. Sept. 3, 1783 204 53. Ordinance of 1787. July 13, 1787 209 54. Constitution of the United States. Sept. 17, 1787 . . . . 216 55. Hamilton's First Report on Public Credit. Jan. 9, 1790 . . 233 56. Proclamation of Neutrality. April 22, 1793 243 57. Treaty with Great Britain. Nov. 19, 1794 244 Alien and Sedition Acts. 1798 258 58. Naturalization Act. June 18, 1798 259 59. Alien Act. June 25, 1798 261 60. Alien Enemies Act. July 6, 1798 263 61. Sedition Act. July 14, 1798 265 Kentucky and Virginia Resolutions. 1798, 1 799 .... 267 - 62. Kentucky Resolutions. Nov. 16, 1798 268 ' 63. Virginia Resolutions. Dec. 24, 1798 274 64. Kentucky Resolutions. Nov. 22, 1799 276 ¦ 65. Treaty with France for the Cession of Louisiana. April 30, 1803 . 279 66. Embargo Act. Dec. 22, 1S07 282 67. Non-Intercourse Act. March I, 1809 284 68. Declaration of War. June 18, 1812 288 69. Treaty of Ghent. Dec. 24, 1814 289 70. Report of the Hartford Convention. Jan. 4, 1815 .... 293 CONTENTS ix NUMBER PAGE 71. Act for a National Bank. April 10, 1816 302 72. Treaty with Spain for the Floridas. Feb. 22, 1819 . . . 306 Missouri Compromise. 1820-21 . . . . . . .311 73. Tallmadge's Amendment. Feb. 13, 1819 313 74. Taylor's Amendment. Jan. 26, 1820 313 75. Thomas's Amendment. Feb. 17, 1820 ...... 314 76. Report of the Conference Committee. March I, 1820 . . . 314 77. Missouri Enabling Act. March 6, 1820 315 78. Constitution of Missouri. July 19, 1820 316 79. Resolution for the Admission of Missouri. March 2, 182 1 . .317 80. Monroe's Message enunciating the Monroe Doctrine. Dec. 2, 1823 318 81. The Bank Controversy : Jackson's First Annual Message. Dec. 8, 1829 320 82. The Bank Controversy : Jackson's Second Annual Message. Dec. 7, 1830 322 83. The Bank Controversy : Jackson's Third Annual Message. Dec. 6, 1831 323 84. Jackson's Bank Veto. July 10, 1832 324 85. South Carolina Ordinance of Nullification. Nov. 24, 1832 . . 329 ¦ 86. Jackson's Proclamation to the People of South Carolina. Dec. 10, 1832 333 ' 87. Act for Enforcing the Tariff. March 2, 1833 . . . .341 Removal of the Deposits. September, 1833 344 88. Jackson's Paper read to the Cabinet. Sept. 18, 1833 . . . 344 89. Taney's Instructions to the Collector at Philadelphia. Sept. 26, 1833 349 90. Taney to the Girard Bank. Sept. 26, 1833 350 91. Taney to the Bank of the United States. Sept. 26, 1833 . -351 92. Contract between the Girard Bank and the United States. Sept. 28, 1833 352 93. Constitution of the American Anti-Slavery Society. Dec. 4, 1833 353 94. Act to Regulate the Deposits. June 23, 1836 .... 355 95. Specie Circular. July 11, 1836 359 96. Treaty with Great Britain. Aug. 9, 1842 ..... 361 97. Joint Resolution for the Annexation of Texas. March 1, 1845 • 3^8 98. Act for the Prosecution of the Mexican War. May 13, 1846 . 371 99. Treaty with Great Britain. June 15, 1846 ..... 372 100. Independent Treasury Act. Aug. 6, 1846 374 101. Treaty with Mexico. Feb. 2, 1848 377 Compromise of 1850 383 102. Clay's Resolutions. Jan. 29, 1850 384 103. Extract from the Report of the Committee of Thirteen. May 8, 1850 386 104. Extract from the Utah Act. Sept. 9, 1850 3S7 CONTENTS Sept. 9, 1850 NUMBER 105. Extract from the Texas and New Mexico Act. 106. Fugitive Slave Act. Sept. 18, 1850 107. Act abolishing the Slave Trade in the District of Columbia, Sept. 20, 1850 108. Treaty with Mexico. Dec. 30, 1853 Kansas-Nebraska Act. 1 854 109. Douglas's Report. Jan. 4, 1854 . no. Dixon's Proposed Amendment. Jan. 16, 1854 III. Sumner's Proposed Amendment. Jan. 17, 1854 112. Extract from the Act to Organize the Territories of and Kansas. May 30, 1854 113. Dred Scott Decision. March 6, 1857 . 114. Lecompton Constitution. Nov. 7, 1857 115. South Carolina Ordinance of Secession. Dec. 20, i860 116. Constitution of the Confederate States of America. March I 1861 117. Call for 75,000 Volunteers. April 15, 1 861 .... 118. Proclamation declaring a Blockade of Southern Ports. April 19, 1861 119. Act for a National Loan. July 17, 186 1 .... 120. Act authorizing the Employment of Volunteers. July 22, 1861 121. Resolution on the Nature and Object ofthe War. July 22, 1861 122. Act for calling out the Militia. July 29, 1861 . . 123. Act to define and punish certain Conspiracies. July 31, 1861 124. Confiscation Act. Aug. 6, 1 861 ...... 125. Act authorizing the Seizure of Railroad and Telegraph Lines Jan. 31, 1862 126. Act authorizing the Issue of Legal Tender Notes. Feb. 25, 1862 127. Act for an Additional Article of War. March 13, 1862 128. Joint Resolution on Compensated Emancipation. April 10, 1862 129. Act abolishing Slavery in the District of Columbia. April 16, 1862 130. Abolition of Slavery in the Territories. June 19, 1862 131. Oath of Office. July 2, 1862 132. Confiscation Act. July 17, 1862 .... 133. Emancipation Proclamation. Jan. 1, 1863 . 134. Enrolment Act. March 3, 1863 .... 135. Act relating to Habeas Corpus. March 3, 1863 . 136. Resolution against Foreign Mediation. March 3, 1863 137. Proclamation of Amnesty. Dec. 8, 1863 138. National Bank Act. June 3, 1864 139. Proclamation regarding Reconstruction. July 8, 1864 140. Electoral Count. Feb. 8, 1865 .... CONTENTS xi 142.«43-144.145.146.147.148.149.150. 151.152.»53-154.155- 156. '57- '59-160.161.162.163.164.165. 166. 167. 168. 171. 172. "73- May 29 NUMBER 141. Freedmen's Bureau. March 3, 1865 Freedom for Soldiers' Families. March 3, 1865 . Proclamation appointing a Governor for North Carolina, 1865 Thirteenth Amendment. Dec. 18, 1865 First Civil Rights Act. April 9, 1866 . Restoration of Tennessee. July 24, 1866 Franchise in the District of Columbia. Jan. 8, 1867 Elective Franchise in the Territories. Jan. 31, 1867 First Reconstruction Act. March 2, 1867 Tenure of Office Act. March 2, 1867 . Command of the Army. March 2, 1867 Second Reconstruction Act. March 23, 1867 Treaty with Russia for the Cession of Alaska. March 30, 1867 Third Reconstruction Act. July 19, 1867 Articles of Impeachment. March 2/3, 1868 Fourth Reconstruction Act. March 11, 1868 Act admitting Arkansas to Representation in Congress, 1868 158. Act admitting North Carolina, South Carolina, Louisiana, Georgia Alabama, and Florida to Representation in Congress 1868 Oath of Office. July 11, 1868 .... Joint Resolution excluding Electoral Votes of the Late Rebellious States. July 20, 1868 Fourteenth Amendment to the Constitution. July 28, 1868 . Provisional Governments of Virginia, Texas, and Mississippi Feb. 18, 1869 Act to strengthen the Public Credit. March 18, 1869 . Submission of the Constitutions of Virginia, Mississippi, and Texas April 10, 1869 Reconstruction of Georgia. Dec. 22, 1869 . Admission of Virginia to Representation in Congress. Jan. 26, 1870 Fifteenth Amendment to the Constitution. March 30, 1870 . Act to enforce the Fifteenth Amendment. May 31, 1870 169. Act for refunding the National Debt. July 14, 1870 170. Act for the Restoration of Georgia. July 15, 1870 Supplementary Act to enforce the Fifteenth Amendment. Feb. 28 1871 Act to enforce the Fourteenth Amendment. April 20, 187 1 Act removing Political Disabilities. May 22, 1872 June 25, Xll CONTENTS 28, 1878 NUMBER 174. Coinage Act. Feb. 12, 1873 Resumption of Specie Payments. Jan. 14, 1875 Second Civil Rights Act. March 1, 1875 Electoral Count Act. Jan. 29, 1877 Coinage of the Standard Silver Dollar. Feb. Civil Service Act. Jan. 16, 1883 . Interstate Commerce Act. Feb. 4, 1887 Anti-Trust Act. July 2, 1890 Silver Purchase Act. July 14, 1890 Repeal ofthe Silver Purchase Act of 1890. Nov. I, 1893 Recognition ofthe Independence of Cuba. April 20, l8gS Declaration of War. April 25, 1898 .... Annexation ofthe Hawaiian Islands. July 7, 1898 Treaty of Paris. Dec. 10, 1898 !75-176. 177.178. 179. 180.iS182.183.184.185. 186. 187. PAGE 565 566 568 ¦ 570 573575 581-59i- 593595 597598 600602 Index 609 DOCUMENTARY SOURCE BOOK OF AMERICAN HISTORY No. i. First Charter of Virginia April 10/20, 1606 The region included in the Virginia grant was claimed by Spain, but the close of the war between Spain and England, in 1604, left the latter free to extend the area of its occupation in America. Various plans for settlement and trade were brought forward soon after the return of Weymouth, in July, 1605. A petition for a charter, signed by Sir Thomas Gates, Sir George Somers, Hakluyt, and others, was favorably considered by James I., and in April, 1606, the charter passed the seals. The first draft of the charter, accompanying the petition, was probably drawn by Sir John Popham, lord chief justice, but the final form was the work of Sir Edward Coke, attorney- general, and Sir John Dodderidge, solicitor-general. Royal orders and instructions for the government of the two colonies and the conduct of their affairs were issued Nov. 20/30 and Dec. 10/20, 1606. An ordinance and constitution of March 9/19, 1607, increased the membership of the council and enlarged its authority. References. — Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix I. Invaluable documentary material for the early history of Vir ginia, to 1616, is set forth in Brown's Genesis ofthe United States; see also the same author's First Republic in America, 1-71. Important contemporary accounts are : John Smith's A True Relation (Deane's ed., 1866, with notes), and General Historie (Arber's reprint) ; Wingfield's A Discourse of Virginia (Deane's ed., with notes, in Archaologia Americana, IV., 67-163); and A True Declaration of the Estate of the Colonie in Virginia (in Force's Tracts, III.). See further: Neill's Virginia Company; Sainsbury's Calendar of State Papers, Colonial, I. I. JAMES, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. Whereas our loving and well-disposed Subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs. William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a Colony of sundry of our People into that Part of America, commonly b 1 2 FIRST CHARTER OF VIRGINIA [April 10/20 called Virginia, and other Parts and Territories in America, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the Islands there unto adjacent, or within one hundred Miles of the Coast thereof; II. And to that End, and for the more speedy Accomplish ment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; The one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to time shall be, joined unto them, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia and Coasts of America aforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, which do join themselves unto that Colony, which do desire to begin their Plantation and Habi tation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude, all alongst the said Coast of Virginia and America, as that Coast lyeth: III. We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages, living in those Parts, to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well- intended Desires; IV. And do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Ad venturers of and for our City of London, and all such others, as 1606] FIRST CHARTER OF VIRGINIA 3 are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty Degrees of the said Latitude ; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast ; And also all the Lands . . [etc.] from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, all alongst the said Coast of Virginia and America, towards the East and North east, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands . . [etc.] . . from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles ; And shall and may inhabit and remain there ; and shall and may also build and fortify within any the same, for their better Safeguard and Defence, according to their best Discretion, and the Discre tion of the Council of that Colony; And that no other of our Subjects shall be permitted, or suffered, to plant or inhabit be hind, or on the Backside of them, towards the main Land, without the Express Licence or Consent of the Council of that Colony, thereunto in Writing first had and obtained. V. And we do likewise . . . Grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Plimouth in the County of Devon, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall 4 FIRST CHARTER OF VIRGINIA [April 10/20 have all the Lands . . . [etc.] . . . from the first Seat of their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coast of Virginia and America, towards the West and Southwest, or towards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands . . . [etc.] . . . from the said Place of their first Plantation and Habitation for the Space of fifty like Miles, all alongst the said Coast of Virginia and America, towards the East and North east, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over against the same Sea Coast; And also all the Lands . . . [etc.] . . . from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles. . . . VI. Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid. VII. And we do also ordain . . . that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instruc tions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Per sons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instruc tions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils. . . . VIII. And that also there shall be a Council established here in England, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us . . ., which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters, that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place, within the aforesaid Precincts of four and thirty and five and forty Degrees, above mentioned. . . . 1606] FIRST CHARTER OF VIRGINIA 5 IX. And moreover, we do Grant . . . that the said several Councils, of and for the said several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interruption of Us . . ., give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any part of their said several Colonies, as for the said main Lands on the Backside of the same Colonies; And to Have and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations thereof; Yielding therefore, to Us . . . the fifth Part only of all the same Gold and Silver, and the fifteenth Part of all the same Copper, so to be gotten or had, as is aforesaid, without any other Manner of Profit or Account, to be given or yielded to Us . . . for or in Respect of the same : X. And that they shall, or lawfully may, establish and cause to be made a Coin, to pass current there between the People of those several Colonies, for the more Ease of Traffick and Bar gaining between and amongst them and the Natives there, of such Metal, and in such Manner and Form, as the said several Councils there shall limit and appoint. XI. And we do likewise . . . give full Power and Authority to the said Sir Thomas Gates . . . [and others] . . ., and to every of them, and to the said several Companies, Plantations, and Colonies, that they . . shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations and Colonies, and to travel thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them, or any of them, in the said Voyages and Plantations; With sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and all other things, necessary for the said Plantations, and for their Use and Defence there : Provided always, that none of the said Persons be such, as shall hereafter be specially restrained by Us. . . . XII. Moreover, we do . . . Give and grant Licence unto the said Sir Thomas Gates . . . [and others] . . ., and to every of the said Colonies, that they . . . shall and may ... for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and 6 FIRST CHARTER OF VIRGINIA [April 10/20 every such Person and Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to in habit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall en terprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations : XIII. Gd/ing and granting, by these Presents, unto the said Sir Thomas Gates . . [and others] . . . and their Associates of the said first Colony, and unto the said Thomas Hanham . . [and others] . . and their Associates of the said second Colony . . Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods and other Furniture, which shall be found trafficking, into any Harbour or Harbours, Creek or Creeks, or Place, within the Limits or Precincts of the said several Colonies and Plantations, not being of the same Colony, until such time, as they, being of any Realms or Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer of that Colony, within whose Limits and Precincts they shall so traffick, two and a half upon every Hundred, of any thing, so by them trafficked, bought, or sold; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of such Wares and Merchandises, as they shall traffick, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffick, buy, or sell, as aforesaid ; Which Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensuing the Date hereof, shall be wholly em- ploied to the Use, Benefit, and Behoof of the said several Plan tations, where such Traffick shall be made; And after the said one and twenty Years ended, the same shall be taken to the Use of Us . by such Officers and Ministers, as by Us . . . shall be thereunto assigned or appointed. XIV. And we do further . . Give and grant unto the said Sir Thomas Gates . . [and others] . . ., and to their As sociates of the said first Colony and Plantation, and to the said Thomas Hanham . . . [and others] ., and their Associates of the said second Colony and Plantation, that they . . by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used 1606] FIRST CHARTER OF VIRGINIA 7 by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unto Us ... to be yielded or paid for the same. XV. Also we do . . . Declare . . . that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall have and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions. XVI. Moreover, our gracious Will and Pleasure is, and we do . . . declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us . . . in that Behalf first had and abtained; That then, all the Goods and Chattels of such Person or Persons, so offending and trans porting, together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us . . . XVII. Provided always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons, which shall hereafter be of any of the said several Colonies and Plantations, or any ether, by his, their or any of their Licence and Appointment, shall, at any time or times hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust and unlawful Hostility, to any the Subjects of Us. . . 8 FIRST CHARTER OF VIRGINIA [April 10/20 or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amity with Us . . ., and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, or their Subjects, We . . . shall make open Proclamation, within any of the Ports of our Realm of England, commodious for that Purpose, That the said Person or Persons, having committed any such Robbery or Spoil, shall, within the Term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others, so complaining, may hold themselves fully satisfied and contented; And that, if the said Person or Persons, having committed such Robbery or Spoil, shall not make, or cause to be made, Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us ... to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abetters, or Comforters, out of our Allegiance and Protection ; And that it shall be lawful and free, for all Princes and others, to pursue with Hostility the said Offenders, and every of them, and their and every of their Procurers, Aiders, Abetters, and Comforters, in that Behalf. XVIII. And finally, we do . . . Grant and agree, to and with the said Sir Thomas Gates . [and others] . . ., and all others of the said first Colony, that We . ., upon Petition in that Behalf to be made, shall, by Letters-patent under the Great Seal of England, Give and Grant unto such Persons, their Heirs, and Assigns, as the Council of that Colony, or the most Part of them, shall, for that Purpose nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To be holden of Us, our Heirs, and Successors, as of our Manor at East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite: XIX. [Tenure of land under the second colony as in Section XVIII.] XX. All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such 1609] SECOND CHARTER OF VIRGINIA 9 Estates, as shall be ordered and set down by the Council of the said Colony, or the most Part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Certainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Predecessors, to the aforesaid Sir Thomas Gates . . . [and others] . . ., or any of them, heretofore made, in these Presents, is not made; Or any Statute, Act, Or dinance, or Provision, Proclamation, or Restraint, to the con trary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. . . . No. 2. Second Charter of Virginia May 23/June 2, i6og In January, 1609, Newport returned from Virginia, bringing various papers setting forth the condition of the colony. The first charter, in itself essen tially experimental, had already proved defective; and this, together with the discouraging outlook for the Compan , led to an application for a new charter, with larger and more specific privileges. The first drafts of both the second and the third charters, annexed to the petitions, were probably drawn by Sir Edwin Sandys, but the final form in each case was the work of Sir Henry Hobart, attorney-general, and Sir Francis Bacon, solicitor-general. With the second charter the connection between the Plymouth Company and the London Company ceased, and the latter became a separate corporate body. References. — Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix II. The Records of the Virginia Company of London, 1610-1624, have been edited by Susan M. Kingsbury; see also Brown's First Republic in America, 73-165. [The charter begins with a recital of the grant of 1606, and continues :] II. Now, forasmuch as divers and sundry of our loving Sub jects, as well Adventurers, as Planters, of the said first Colony . . . have of late been humble Suitors unto Us, that (in Respect of their great Charges and the Adventure of many of their Lives, which they have hazarded in the said Discovery and Plantation of the said Country) We would be pleased to grant them a further Enlargement and Explanation of the said Grant, Privileges, and IO SECOND CHARTER OF VIRGINIA [May 23/June 2 Liberties, and that such Counsellors, and other Officers, may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far remote from the City of London, but that they may, at convenient Times, be ready at Hand, to give their Advice and Assistance, upon all Occasions requisite. III. We . . . Do . . . Give, Grant, and Confirm, to our trusty and well-beloved Subjects, Robert, Earl of Salisbury . . . [and others J] . . . ; And to such, and so many, as they do, or shall hereafter, admit to be joined with them, in Form hereafter in these Presents expressed, whether they go in their Persons, to be Planters there in the said Plantation, or whether they go not, but adventure their Monies, Goods, or Chattels; That they shall be one Body or Commonalty perpetual, and shall have perpetual Succession, and one common Seal, to serve for the said Body or Commonalty; And that they, and theb Successors, shall be known, called, and incorporated by the Name of, The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia: VI. And we do also . . . give, grant and confirm, unto the said Treasurer and Company, and their Successors, under the Reser vations, Limitations, and Declarations, hereafter expressed, all those Lands, Countries, and Territories, situate, lying, and being, in that Part of America called Virginia, from the Point of Land, called Cape or Point Comfort, all along the Sea Coast, to the Northward two hundred Miles, and from the said Point of Cape Comfort, all along the Sea Coast, to the Southward two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land, throughout from Sea to Sea, West, and Northwest; And also all the Islands, lying within one hundred Miles, along the Coast of both Seas of the Precinct aforesaid. . . . VII. And nevertheless, our Will and Pleasure is, and we do, by these Presents, charge, command, warrant, and authorise, 1 "The incorporators of this charter were 56 city companies of London and 659 persons; of whom 21 were peers, 96 knights, n doctors, ministers, etc., 53 captains, 28 esquires, 58 gentlemen, no merchants, and 282 citizens and others not classified." Brown's Genesis of the United States, I., 228, note 1. The list of incorporators is given in full by Brown. — Ed. 1609] SECOND CHARTER OF VIRGINIA n that the said Treasurer and Company, or their Successors, or the major Part of them, which shall be present and assembled for that Purpose, shall, from time to time, under their Common Seal, Distribute, convey, assign, and set over, such particular Por tions of Lands, Tenements, and Hereditaments, by these Presents, formerly granted, unto such our loving Subjects, naturally born, or Denizens, or others, as well Adventurers as Planters, as by the said Company (upon a Commission of Survey and Distribution, executed and returned for that Purpose), shall be nominated, appointed, and allowed; Wherein our Will and Pleasure is, that Respect be had, as well of the Proportion of the Adventurer, as to the special Service, Hazard, Exploit, or Merit of any Person, so to be recompenced, advanced, or rewarded. VIII. And forasmuch, as the good and prosperous Success of the said Plantation cannot but chiefly depend, next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprize, by a careful and understanding Council, and that it is not convenient, that all the Adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have Meetings and Conference about the Affairs thereof; Therefore we DO ORDAIN, establish, and confirm, that there shall be perpetually one Council here resident, according to the Tenour of our former Letters- patents . . . XIII. And further ... we do . . . Give and Grant full Power and Authority to our said Council, here resident, as well at this present Time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plan tation : XIV. And also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary, for and con cerning the Government of the said Colony and Plantation; And 12 SECOND CHARTER OF VIRGINIA [May 23/June 2 the same, at all times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas in going and coming, to and from the said Colony, as they, in their good Discretion, shall think to be fittest for the Good of the Adventurers and Inhabitants there. ******** XVI. And we do further . . . Ordain and establish, that the said Treasurer and Council here resident, and their Successors, or any four of them, being assembled (the Treasurer being one) shall, from time to time, have full Power and Authority, to admit and receive any other Person into their Company, Corporation, and Freedom; And further, in a General Assembly of the Ad venturers, with the Consent of the greater Part, upon good Cause, to disfranchise and put out any Person or Persons, out of the said Freedom or Company. XIX. And for their further Encouragement . . . we do . . . Yield and Grant, to and with the said Treasurer and Company, and their Successors, and every of them, their Factors, and Assigns, that they, and every of them, shall be free of all Sub sidies and Customs in Virginia, for the Space of one and twenty Years, and from all Taxes and Impositions, for ever, upon any Goods or Merchandises, at any time or times hereafter, either upon Importation thither, or Exportation from thence, into our Realm of England, or into any other of our Realms or Dominions, by the said Treasurer and Company, and their Successors, their Deputies, Factors, or Assigns, or any of them: Except only the five Pounds per Cent, due for Custom, upon all such Goods and Merchandises, as shall be brought or imported into our Realm of England, or any other of these our Dominions, according to the ancient Trade of Merchants ; Which five Pounds per Cent, only being paid, it shall be thenceforth lawful and free for the said Adventurers, the same Goods and Merchandises to export, and carry out of our said Dominions, into foreign Parts, without any Custom, Tax, or other Duty, to be paid to us ... or to any other our Officers or Deputies: Provided, that the said Goods and Merchandises be shipped out, within thirteen Months, after their first Landing within any Part of these Dominions. ******** 1609] SECOND CHARTER OF VIRGINIA 13 XXIII. And forasmuch, as it shall be necessary for all such our loving Subjects, as shall inhabit within the said Precincts of Virginia, aforesaid, to determine to live together, in the Fear and true Worship of Almighty God, Christian Peace, and civil Quietness, each with other, whereby every one may, with more Safety, Pleasure, and Profit, enjoy that, whereunto they shall attain with great Pain and Peril; We ... do give and grant unto the said Treasurer and Company, and their Successors, and to such Governors, Officers, and Ministers, as shall be, by our said Council, constituted and appointed, according to the Natures and Limits of their Offices and Places respectively, that they shall and may, from time to time for ever hereafter, within the said Precincts of Virginia, or in the way by Sea thither and from thence, have full and absolute Power and Authority, to correct, punish, pardon, govern, and rule, all such the Subjects of Us ... as shall, from time to time, adventure themselves in any Voyage thither, or that shall, at any time hereafter, inhabit in the Precincts and Territories of the said Colony, as aforesaid, according to such Orders, Ordinances, Constitutions, Directions, and Instructions, as by our. said Council, as aforesaid, shall be established; And in Defect thereof, in case of Necessity, accord ing to the good Discretions of the said Governor and Officers, respectively, as well in Cases capital and criminal as civil, both marine and other; So always, as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be, be agreeable to the Laws, Statutes, Government, and Policy of this our Realm of England. XXIV. And We do further . . . grant, declare, and ordain, that such principal Governor, as, from time to time, shall duly and lawfully be authorised and appointed, in Manner and Form in these Presents heretofore expressed, shall have full Power and Authority, to use and exercise Martial Law, in Cases of Rebellion or Mutiny, in as large and ample Manner, as our Lieutenants in our Counties, within this our Realm of England, have, or ought to have, by Force of their Commissions of Lieutenancy. XXIX. And lastly, because the principal Effect, which we can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and 14 THIRD CHARTER OF VIRGINIA [March 12/22 Christian Religion, in which Respect we should be loath, that any Person should be permitted to pass, that we suspected to affect the superstitions of the Church of Rome; We do hereby declare, that it is our Will and Pleasure, that none be permitted to pass in any Voyage, from time to time to be made into the said Country, but such, as first shall have taken the Oath of Supremacy; For which Purpose, we do, by these Presents, give full Power and Authority, to the Treasurer for the time being, and any three of the Council, to tender and exhibit the said Oath, to all such Persons, as shall at any time, be sent and employed in the said Voyage. . . No. 3. Third Charter of Virginia March 12/22, 1611/12 The immediate reason for the third charter of Virginia was the desire to include within the limits of the Company the Bermudas, or Somers Islands, respecting whose beauty, fertility, and wealth glowing reports had been re ceived; but the failure of many subscribers to pay their subscriptions, and the consequent low state of the treasury, emphasized the need of stronger powers of control. The petition was probably granted before November, 1610; but the names of subscribers were obtained with difficulty, and it was March, 1612, before the charter passed the seals. The rights in the Bermudas were subse quently sold by the Company to some of its own members, who, in 1614, obtained a charter as the Somers Islands Company. The Virginia charter of 1612 was annulled by writ of quo warranto in 1624. References. — Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix III. Hening's Statutes at Large, I., gives the early laws of the colony. The royal proclamation of 1625 is in Hazard's Historical Collections, I., 203-205. See also Brown's First Republic in America, 165-648. [The charter begins with a recital of the grant of 1609, and continues :] III. Now, forasmuch as we are given to understand, that in those Seas, adjoining to the said Coasts of Virginia, and without the Compass of those two hundred Miles . ., and yet not far distant from the said Colony in Virginia, there are, or may be, divers Islands, lying desolate and uninhabited, some of which are already made known and discovered, by the Industry, Travel, and Expences of the said Company, and others also are supposed to be 1611/12] THIRD CHARTER OF VIRGINIA 1 5 and remain, as yet, unknown and undiscovered, all and every of which it may import the said Colony, both in Safety and Policy of Trade, to populate and plant, in Regard whereof, as well for the preventing of Peril, as for the better Commodity and Pros perity of the said Colony, they have been humble Suitors unto us, that we would be pleased to grant unto them an Enlargement of our said former Letters Patents . . . : IV. We therefore . . . do . . . Give, Grant, and Confirm to the said Treasurer and Company of Adventurers and Planters of the city of London for the first Colony in Virginia, and to their Heirs and Successors, for ever, all and singular those Islands whatsoever, situate and being in any Part of the Ocean Seas bordering upon the Coast of our said first Colony in Virginia, and being within three hundred Leagues of any of the Parts hereto fore granted to the said Treasurer and Company, in our said former Letters Patents, as aforesaid, and being within or between the one and fortieth and thirtieth Degrees of Northerly Latitude; . . . Provided always, that the said Islands, cr any the Premises herein mentioned, or by these Presents intended or meant to be granted, be not actually possessed or inhabited by any other Christian Prince or Estate, nor be within the Bounds, Limits, or Territories of the Northern Colony, heretofore by Us granted to be planted by divers of our loving Subjects, in the North Parts of Virginia . . . ******** VII. And We do hereby ordain and grant . that the said Treasurer and Company of Adventurers and Planters afore said, shall and may, once every Week, or oftener, at their Pleasure, hold and keep a Court and Assembly, for the better Order and Government of the said Plantation, and such things, as shall concern the same. . . . VIII. And that nevertheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Impor tance, and such, as shall or may, in any Sort, concern the Weal Publick and general Good of the said Company and Plantation, as namely, the Manner of Government from time to time to be used, the Ordering and Disposing of the Lands and Possessions, and the Settling and Establishing of a Trade there, or such like, there shall be held and kept, every Year, upon the last Wednes- l6 THIRD CHARTER OF VIRGINIA [March 12/22 day, save one, of Hillary Term, Easter, Trinity, and Michaelmas Terms, for ever, one great, general, and solemn Assembly, which four Assemblies shall be stiled and called, The four Great and General Courts of the Council and Company of Adventurers for Virginia; In all and every of which said Great and General Courts, so assembled . . , the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority ... to elect and chuse discreet Persons, to be of our said Council for the said first Colony in Virginia, and to nomi nate and appoint such Officers, as they shall think fit and requisite, for the Government, Managing, Ordering, and Dispatching of the Affairs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordi nances, for the Good and Welfare of the said Plantation, as to them, from time to time, shall be thought requisite and meet : So always, as the same be not contrary to the Laws and Statutes of this our Realm of England. . . . XIV. And furthermore, whereas we have been certified, that divers lewd and ill-disposed Persons, both Sailers, Soldiers, Ar tificers, Husbandmen, Labourers, and others, having received Wages, Apparel, and other Entertainment from the said Com pany, or having contracted and agreed with the said Company, to go, or to serve, or to be employed in the said Plantation of the said first Colony in Virginia, have afterwards, either withdrawn, hid, or concealed themselves, or have refused to go thither, after they have been so entertained and agreed withal; And that divers and sundry Persons also, which have been sent and em ployed in the said Plantation of the said first Colony in Virginia, at and upon the Charge of the said Company, and having there misbehaved themselves by Mutinies, Sedition, or other notorious Misdemeanors, or having been employed or sent abroad, by the Governor of Virginia or his Deputy, with some Ship or Pinnace, for our Provision of the said Colony, or for some Discovery, or other Business and Affairs, concerning the same, have from thence most treacherously, either come back again and returned into our Realm of England, by Stealth, or without Licence of our Governor of our said Colony in Virginia for the time being, or have been sent hither, as Misdoers and Offenders; And that many also of 1611/12] THIRD CHARTER OF VIRGINIA I-/ those Persons, after their Return from thence, having been ques tioned by our said Council here, for such their Misbehaviors and Offences, by their insolent and contemptuous Carriage in the Presence of our said Council, have shewed little Respect and Reverence, either to the Place, or Authority, in which we have placed and appointed them; And others, for the colouring of their Lewdness and Misdemeanors committed in Virginia, have endeavoured, by most vile and slanderous Reports, made and divulged, as well of the Country of Virginia, as also of the Gov ernment and Estate of the said Plantation and Colony, as much as in them lay, to bring the said Voyage and Plantation into Dis grace and Contempt; By Means whereof, not only the Adventurers and Planters, aheady engaged in the said Plantation, have been exceedingly abused and hindered, and a great Number of other our loving and well-disposed Subjects, otherwise well-affected, and inclined to join and adventure in so noble, christian, and worthy an Action, have been discouraged from the same, but also the utter Overthrow and Ruin of the said Enterprise hath been greatly endangered, which cannot miscarry without some Dishonour to Us and our Kingdom; XV. Now, forasmuch as it appeareth unto us, that these Inso lences, Misdemeanors, and Abuses, not to be tolerated in any civil Government, have, for the most part, grown and proceeded, in regard our said Council have not any direct Power and Au thority, by any express Words in our former Letters Patents, to correct and chastise such Offenders; We therefore, for more speedy Reformation of so great and enormous Abuses and Mis demeanors, heretofore practised and committed, and for the pre venting of the like hereafter, do . . . give and grant to the said Treasurer and Company, and their Successors for ever, that it shall and may be lawful for our said Council for the said first Colony in Virginia, or any two of them (whereof the said Treasurer, or his Deputy . . . , to be always one) by Warrant under their Hands, to send for, or to cause to be apprehended, all and every such Person and Persons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the Offences before mentioned and expressed; And upon the Examination of any such Offender or Offenders, and just Proof made by Oath, taken before the said 18 THIRD CHARTER OF VIRGINIA [March 12/22 Council, of any such notorious Misdemeanors lay them committed, as aforesaid; And also upon any insolent, and contemptuous, or indecent Carriage and Misbehaviour, to or against our said Coun cil, shewed or used by any such Person or Persons, so called, convented, and appearing before them, as aforesaid; That in all such Cases, they, our said Council, or any two of them, for the time being, shall and may have full Power and Authority, either here to bind them over with good Sureties for their good Be haviour, and further therein to proceed, to all Intents and Pur poses, as it is used, in other like Cases, within our Realm of England; Or else, at their Discretions, to remand and send back, the said Offenders, or any of them, unto the said Colony in Vir ginia, there to be proceeded against and punished, as the Gov ernor, Deputy, or Council there . . shall think meet; or other wise, according to such Laws and Ordinances, as are and shall be in Use there, for the Well-ordering and good Government of the said Colony. XVI. And for the more effectual Advancing of the said Plan tation, we do further Give and Grant, unto the said Treas urer and Company, full Power and Authority, free Leave, Liberty, and Licence, to set forth, erect, and publish, one or more Lottery or Lotteries, to have Continuance . . for the Space of our [one] whole Year, next after the Opening of the same; And after the End and Expiration of the said Term, the said Lottery or Lotteries to continue and be further kept, during our Will and Pleasure only, and not otherwise. . . . XVII. And our further Will and Pleasure is, that the said Lottery and Lotteries shall and may be opened and held, within our City of London, or in any other City or Town, or else where, within this our Realm of England, with such Prizes, Articles, Conditions, and Limitations, as to them, the said Treasurer and Company, in their Discretions, shall seem con venient : Jjt *js sjs 'P *P *fi ;p ;{; XX. And further, our Will and Pleasure is, that in all Ques tions and Doubts, that shall arise, upon any Difficulty of Con struction or Interpretation of any Thing, contained in these, or any other our former Letters-patents, the same shall be taken and interpreted, in most ample and beneficial Manner for the said 1611/12] MAYFLOWER COMPACT 19 Treasurer and Company, and their Successors, and every Mem ber thereof. XXI. And lastly, we do, by these Presents, ratify and con firm unto the said Treasurer and Company, and their Successors, for ever, all and all Manner of Privileges, Franchises, Liberties, Immunities, Preheminences, Profits, and Commodities, whatso ever, granted unto them in any our former Letters-patents, and not in these Presents revoked, altered, changed, or abridged. No. 4. Mayflower Compact November n/21, 1620 The Mayflower Compact, drawn up on shipboard, was intended not only as a basis for the government of the colony in the absence of a patent, but also, according to Bradford, as an offset to the "discontented and mutinous speeches" of some of the company, to the effect that when they landed "they would use their own liberty; for none had power to command them, the patent they had being for Virginia, and not for New England, which belonged to another government, with which the Virginia Company had nothing to do." References. — Text in Bradford's History of Plymouth Plantation, Mass. Hist. Coll., Fourth Series, IIL, 89, 90. Bradford does not give a list of signers. On the early history of the Plymouth Colony, see Mourt's Relation (Dexter's ed., 1865) ; Morton's New England Memorial; Young's Chronicles of the Pilgrim Fathers, 1602-1625 ; Arber's Story of the Pilgrim Fathers. The laws of the colony, 1623-1682, are in the Plymouth Colony Records, XI. In the name of God, Amen. We whose names are underwritten, the loyall subjects of our dread soveraigne Lord, King James, . . . haveing undertaken, for the glorie of God, and advance- mente of the Christian faith, and honour of our king & countrie, a voyage to plant the first colonie in the Northerne parts of Vir ginia, doe by these presents solemnly & mutualy in the presence of God, and one of another, covenant & combine our selves to geather into a civill body politick, for our better ordering & pres ervation & furtherance of the ends aforesaid; and by vertue hearof to enacte, constitute, and frame such just & equall lawes, ordinances, acts, constitutions, & offices, from time to time, as shall be thought most meete & convenient for the generali good of the Colonie, unto which we promise all due submission and obedience. . . . 20 ORDINANCE FOR VIRGINIA July 24/August 3 No. 5. Ordinance for Virginia July 24/August 3, 1621 The first assembly in Virginia, and the first representative assembly in America, was convened July 30/Aug. 9, 1619, by Governor Yeardley, under authority of a commission executed by the Virginia Company in November, 1618; and the ordinance of 1621, probably of similar tenSr, granted to the colony for the future the same form of government. The model here outlined was closely followed by the later English colonies. References. — Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix IV. The records of the assembly of 1619 are in Hening's Statutes at Large, I. The "Orders and Constitutions" of 1619-1620 are in Force's Tracts, III. See also W. W. Henry's First Legislative Assembly in America, in Report of Amer. Hist. Assoc, 1893, pp. 301-316; Brown's First Republic in America, 308-324. An Ordinance and Constitution of the Treasurer, Council, and Company in England, for a Council of State and General Assembly. I. To all People, to whom these Presents shall come, be seen, or heard, The Treasurer, Council, and Company of Adventurers and Planters for the city of London for the first Colony of Vir ginia, send Greeting. Know ye, that we . . have thought fit to make our Entrance, by ordering and establishing such Supreme Councils, as may not only be assisting to the Governor for the time being, in the. Administration of Justice, and the Executing of other Duties to this Office belonging, but also, by their vigilant Care and Prudence, may provide, as well for a Remedy of all Inconveniences, growing from time to time, as also for the advancing of Increase, Strength, Stability, and Pros perity of the said Colony: II. WE therefore ... by Authority directed to us from his Majesty under the Great Seal, upon Mature Deliberation, do hereby order and declare, that, from hence forward, there shall be Two Supreme Councils in Virginia, for the better Govern ment of the said Colony aforesaid. III. The one of which Councils, to be called The Council of State (and whose Office shall chiefly be assisting, with their 1621] ORDINANCE FOR VIRGINIA 21 Care, Advice, and Circumspection, to the said Governor) shall be chosen, nominated, placed, and displaced, from time to time, by Us, the said Treasurer, Council, and Company, and our Suc cessors: Which Council of State shall consist, for the present, only of these persons, as are here inserted, viz. Sir Francis Wyat, Governor of Virginia, Captain Francis West, Sir George Yeardley, Knight, Sir William Neuce, Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. George Thorpe, Deputy of the College, Captain Thomas Neuce, Deputy for the Company, Mr. Pawlet, Mr. Leech, Captain Nathaniel Powel, Mr. Christopher Davison, Secretary, Dr. Pots, Physician to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel Macock. Which said Counsellors and Council we earnestly pray and desire, and in his Majesty's Name strictly charge and command, that (all Factions, Partialities, and sinister Respect laid aside (they bend their Care and Endeavours to assist the said Governor; first and principally, in the Advancement of the Honour and Service of God, and the Enlargement of his Kingdom amongst the Heathen People; and next, in erecting of the said Colony in due Obedience to his Majesty, and all lawful Authority from his Majesty's Directions; and lastly, in maintain ing the said People in Justice and Christian Conversation amongst themselves, and in Strength and Ability to withstand their Enemies. And this Council, to be always, or for the most Part, residing about or near the Governor. IV. The other Council, more generally to be called by the Governor, once Yearly, and no oftener, but for very extraordinary and important Occasions, shall consist, for the present, of the said Council of State, and of two Burgesses out of every Town, Hundred, or other particular Plantation, to be respectively chosen by the Inhabitants : Which Council shall be called The General Assembly, wherein (as also in the said Council of State) all Mat ters shall be decided, determined, and ordered, by the greater Part of the Voices then present ; reserving to the Governor always a Negative Voice. And this General Assembly shall have free Power to treat, consult, and conclude, as well of all emergent Occasions concerning the Publick Weal of the said Colony and every Part thereof, as also to make, ordain, and enact such gen- 22 FIRST CHARTER OF MASSACHUSETTS [March 4/14 eral Laws and Orders, for the Behoof of the said Colony, and the good Government thereof, as shall, from time to time, appear necessary or requisite; V. Whereas in ail other Things, we require the said General Assembly, as also the said Council of State, to imitate and follow the Policy of the Form of Government, Laws, Customs, and Man ner of Trial, and other Administration of Justice, used in the Realm of England, as near as may be, even as ourselves, by his Majesty's Letters Patent are required. VI. Provided, that no Law or Ordinance, made in the said General Assembly, shall be or continue in Force or Validity, unless the same shall be solemnly ratified and confirmed, in a General Quarter Court of the said Company here in England, and so ratified, be returned to them under our Seal ; It being our Intent to afford the like Measure also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly . . . and the same shall have been so by us declared, no Orders of Court afterwards shall bind the said Colony, unless they be ratified in like Manner in the General Assemblies. No. 6. First Charter of Massachusetts March 4/14, 1628/9 The attempt of the Dorchester Adventurers to establish a colony on Cape Ann, in 1623, as a base for fishing operations, failed; but there were a. few scattered settlements in the region of Massachusetts Bay when, March 19/29, 1627/8, a grant for a land and trading company was obtained from the Coun cil for New England. The patent was confirmed, with the addition of powers of government, by the royal charter of March 4/14, 1628/9. A local govern ment, known as "London's Plantation in Massachusetts Bay in New Eng land," was established at Salem, under the direction of John Endicott. In 1630 the charter and government of the colony were transferred to America, and the local government under Endicott was discontinued. The charter re mained in force until 1684, when it was annulled by writ of scire facias . References. — Text in Records of the Governor and Company of the Massachusetts Bay in New England, L, 3-19. The grant of 1627/8 is re cited in the charter. Important contemporary documents and accounts are 1628/9] FIRST CHARTER OF MASSACHUSETTS 23 collected in Young's Chronicles of Massachusetts. See also Winthrop's His tory of New England (Savage's ed.), I.; Winthrop's Life and Letters of John Winthrop, II. ; Sainsbury's Calendar of Stale Papers, Colonial, I. [The charter begins with a recital of the patent of 1620 to the Council for New England, and the subsequent grant by the Coun cil, in March, 1627/8, to Sir Henry Rosewell and others, which last-mentioned grant is by this present charter confirmed, and continues :] And further knowe yee, That . . . Wee ... by theis presents doe . . . give and graunt unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Har- wood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Fox- crofte, theire heires and assignes, All that parte of Newe England in America which lyes and extendes betweene a great river there commonlie called Monomack river, alias Merrimack river, and a certen other river there called Charles river, being in the bot- tome of a certen bay there commonlie called Massachusetts, alias Mattachusetts, alias Massatusetts bay: And also all and singuler those landes and hereditaments whatsoever, lyeing within the space of three Englishe myles on the south parte of the saide river called Charles river, or of any or every parte thereof: And also all and singuler the landes and hereditaments . . . lyeing and being within the space of three Englishe myles to the south ward of the southernmost parte of the said baye called Massa chusetts . . . : And also all those landes and hereditaments . . . which lye and be within the space of three English myles to the northward of the saide river called Monomack, alias Merry- mack, or to the northward of any and every parte thereof, and all landes and hereditaments . . lyeing within the lymitts aforesaide, north and south, in latitude and bredth, and in length and longitude, of and within all the bredth aforesaide, throughout the mayne landes there from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte : . . . 24 FIRST CHARTER OF MASSACHUSETTS [March 4/14 and also all islandes in America aforesaide, in the saide seas, or either of them, on the westerne or easterne coastes, or partes of the said tracts of landes hereby mentioned to be given and graunted . . . , and free libertie of fishing in or within any the rivers or waters within the boundes and lymytts aforesaid, and the seas thereunto adjoining: . . [To be held in free and common socage, and paying one fifth part of all gold and silver ores.] And . . . wee will and ordeyne, That the saide Sir Henry Rose well . . . [and others] . . . , and all such others as shall here after be admitted and made free of the Company and Society hereafter mentioned, shall . . . be . . . one body corporate and politique in fact and name, by the name of the Governor and Company of the Mattachusetts Bay in Newe England . . . And wee doe hereby . . . graunte, That . . . there shalbe one Governor, one Deputy Governor, and eighteene Assistants . . . , to be from tyme to tyme . . . chosen out of the freemen of the saide Company, for the tyme being, in such manner and forme as hereafter in theis presents is expressed. Which said officers shall applie themselves to take care for the best disposeing and ordering of the generali buysines and affaires of . . . the saide landes and premisses . . . , and the plantacion thereof, and the government of the people there. And . . . wee doe . . . nomi nate . . . the saide Mathewe Cradocke to be the first and present Governor of the said Company, and the saide Thomas Goffe to be Deputy Governor . . , and the said Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion to be the present Assistants . . . , to continue in the saide severall offices respectivelie for such tyme and in such manner as in and by theis presents is hereafter declared and appointed. [The Governor or Deputy Governor may give order for the assembling of the Company.] And that the said Governor, Deputie Governor, and Assistants . . . shall or maie once every moneth, or oftener at their pleasures, assem ble, and houlde, and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their affaires. [Seven or more Assistants, with the Governor or Deputy Governor, to be a 1628/9] FIRST CHARTER OF MASSACHUSETTS 25 sufficient Court.] and that there shall or maie be held . . . , upon every last Wednesday in Hillary, Easter, Trinity, and Michas termes respectivelie for ever, one greate, generali, and solempe Assemblie, which foure Generali Assemblies shalbe stiled and called the Foure Greate and Generali Courts of the saide Com pany : In all and every or any of which saide Greate and Generali Courts soe assembled, Wee doe . . . graunte . . . That the Gov ernor, or, in his absence, the Deputie Governor . . . and such of the Assistants and freemen ... as shalbe present, or the greater nomber of them soe assembled, whereof the Governor or Deputie Governor and six of the Assistants, at the least to be seaven, shall have full power and authoritie to choose, nominate, and appointe such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admitt, and to elect and constitute such officers as they shall thinke fitt and requisite for the ordering, mannaging, and dispatching of the affaires of the saide Governor and Company. . . . And wee doe . . . ordeyne, That yearely once in the yeare for ever here after, namely, the last Wednesday in Easter tearme yearely, the Governor, Deputy Governor, and Assistants . . . , and all other officers of the saide Company, shalbe, in the Generali Court or Assembly to be held for that day or tyme, newly chosen for the yeare ensueing by such greater parte of the said Company for the tyme being, then and there present, as is aforesaide. . . And wee doe . . . graunt . . . , That it shall ... be lawfull to and for the Governor or Deputie Governor and such of the Assistants and Freemen of the said Company ... as shalbe assembled in any of their Generali Courts aforesaide, or in any other Courtes to be specially summoned and assembled for that purpose, or the greater parte of them, (whereof the Governor or Deputie Governor and six of the Assistants, to be alwaies seaven), from tyme to tyme to make, ordeine, and establishe all manner of wholesome and rea sonable orders, lawes, statutes, and ordinances, directions, and in structions not contrarie to the lawes of this our realme of England, aswell for setling of the formes and ceremonies of government and magistracy fitt and necessary for the said plantation and the inhabitants there, and for nameing and stiling of all sortes of officers, both superior and inferior, which they shall finde neede- 26 CHARTER OF PRIVILEGES TO PATROONS [June 7/17 full for that governement and plantation, and the distinguishing and setting forth of the severall duties, powers, and lymytts of every such office and place, and the formes of such oathes war rantable by the lawes and statutes of this our realme of England as shalbe respectivelie ministred unto them, for the execution of the said severall offices and places, as also for the disposing and ordering of the elections of such of the said officers as shalbe annuall, and of such others as shalbe to succeede in case of death or removeall, and ministring the said oathes to the newe elected officers, and for impositions of lawfull fynes, mulcts, imprison ment, or other lawfull correction, according to the course of other corporations in this our realme of England, and for the directing, ruling, and disposeing of all other matters and thinges whereby our said people, inhabitants there, maie be soe religiously, peace- ablie, and civilly governed, as their good life and orderlie con versation maie wynn and incite the natives of [that] country to the knowledg and obedience of the onlie true God and Savior of mankinde, and the Christian fayth, which, in our royall intention and the adventurers free profession, is the principall ende of this plantation. . . Provided also . . , That theis presents shall not in any manner enure, or be taken to abridge, barr, or hinder any of our loving subjects whatsoever to use and exercise the trade of fishing upon that coast of New England in America by theis presents mentioned to be graunted. . . . No. 7. Charter of Privileges to Patroons June 7/17, 1629 The government of the Dutch West India Company, chartered in 1621, was vested in five chambers, or boards, established in as many Dutch cities, with a board of nineteen for the exercise of general executive powers. Of the chambers, that of Amsterdam was the most important. The region known as New Netherland was not named in the charter, but was included within the jurisdiction of the Company. On the final organization of the Company under the charter, in 1623, New Netherland was made a province, and placed under the immediate control of the Amsterdam chamber. The continued unprofitableness, however, of the trade of New Netherland, except the fur trade, led to a change of policy; and the Charter of Privileges to patroons, drafted in March, 1628, but not adopted by the board of nineteen until June, 1629] CHARTER OF PRIVILEGES TO PATROONS 27 1629, was intended to encourage private individuals to establish settlements at various points on the Hudson and Delaware, or North and South, rivers. Numerous grievances, occasioned by friction between the patroons and the Company, were partially allayed by a new charter in 1640, restricting the area of the grants, and encouraging independent settlement; but the feudal privi leges of the patroons were not interfered with. "Many of the old patroon estates long remained undivided, and the heirs of the founders claimed some semi-feudal privileges well into the nineteenth century." References. — Text in Documents relative to the Colonial History of the State of New York, II. , 553-557. On the "Dutch West India Company, see O'Callaghan's History of Neiv Netherland; the charter of 1621 is in Hazard's Historical Collections, I., 121-131. FREEDOMS AND EXEMPTIONS Granted by the Board of the Nineteen of the Incorpo rated West India Company, to all Patroons, Masters or Private Persons who will plant Colonies in New Netherland III. All such shall be acknowledged Patroons of New Nether land who shall, within the space of four years next after they have given notice to any of the Chambers of the Company here, or to the Commander or Council there, undertake to plant a Colo nie there of fifty souls, upwards of fifteen years old; one-fourth part within one year, and within three years after the sending of the first, making together four years, the remainder, to the full number of fifty persons . . . ; but it is to be observed that the Company reserve the Island of the Manhattes to themselves. V. The Patroons, by virtue of their power, shall and may be permitted, at such places as they shall settle their Colonies, to extend their limits four leagues along the shore, that is, on one side of a navigable river, or two leagues on each side of a river, and so far into the country as the situation of the occupiers will permit; provided and conditioned that the Company keep to themselves the lands lying and remaining between the limits of Colonies, to dispose thereof, when and at such time as they shall think proper, in such manner that no person shall be allowed to come within seven or eight leagues of them without their consent, unless the situation of the land thereabout be such that the Com- 28 CHARTER OF PRIVILEGES TO PATROONS [June 7/1} mander and Council, for good reasons, should order otherwise . . . ; the command of each bay, river or island, of the first settled Colonie, remaining, moreover, under the supreme jurisdiction of their High Mightinesses the States-General and the Company. . . . VI. They shall forever possess and enjoy all the lands lying within the aforesaid limits, together with the fruits, rights, min erals, rivers and fountains thereof; as also the chief command and lower jurisdictions, fishing, fowling and grinding, to the ex clusion of all others, to be holden from the Company as a per petual inheritance, without it ever devolving again to the Company, and in case it should devolve, to be redeemed and repossessed with twenty guilders per Colonie, to be paid to this Company, at the Chamber here or to their Commander there, within a year and six weeks after the same occurs, each at the Chamber where he originally sailed from; and further, no person or persons whatso ever shall be privileged to fish and hunt but thePatroons and such as they shall permit. And in case any one should in time prosper so much as to found one or more cities, he shall have power and authority to establish officers and magistrates there, and to make use of the title of his Colonie, according to his pleasure and to the quality of the persons. X. The Patroons and colonists shall be privileged to send their people and effects thither, in ships belonging to the Company, provided they take the oath, and pay to the Company for bring ing over the people, as mentioned in the first article and for freight of the goods, five per cent, ready money, to be reckoned on the prime cost of the goods here, in which is, however, not to be included such cattle and implements as are necessary for the cultivation and improvement of the lands, which the Com pany are to carry over without any reward, if there is room in their ships. . . . XII. Inasmuch as it is intended to people the Island of the Manhattes first, all fruits and wares that are produced on the lands situate on the North river, and lying thereabout, shall, for the present, be brought there before being sent elsewhere, excepting such as are, from their nature, unnecessary there, or such as can not, without great loss to the owner thereof, be brought there, in 1629] CHARTER OF PRIVILEGES TO PATROONS 29 which case the owners thereof shall be obliged to give timely notice in writing of the difficulty attending the same to the Com pany here, or the Commander and Council there, that the same may be remedied as the necessity thereof shall be found to re quire. XIII. All the Patroons of Colonies in New Netherland, and of Colonies on the Island of Manhattes, shall be at liberty to sail and traffic all along the coast, from Florida to Terra Neuf, pro vided that they do again return with all such goods as they shall get in trade to the Island of Manhattes, and pay five per cent duty to the Company, in order, if possible, that, after the neces sary inventory of the goods shipped be taken, the same may be sent hither. And if it should so happen that they could not return, by contrary streams or otherwise, they shall, in such case, not be permitted to bring such goods to any other place but to these dominions, in order that, under the inspection of the Di rectors of the place where they may arrive, they may be unladen, an inventory thereof made, and the aforesaid duty of five per cent paid to the Company here, on pain, if they do the contrary, of the forfeiture of their goods so trafficked for, or the real value thereof. XV. It shall be also free for the aforesaid Patroons to traffic and trade all along the coast of New Netherland and places cir cumjacent, with such goods as are consumed there, and receive in return for them all sorts of merchandise that may be had .there, except beavers, otters, minks, and all sorts of peltry, which trade the Company reserve to themselves. But the same shall be per mitted at such places where the Company have no factories, con ditioned that such traders shall be obliged to bring all the peltry they can procure to the Island of Manhattes, in case it may be, at any rate, practicable, and there deliver to the Director, to be by him shipped hither with the ships and goods; or, if they should come here without going there, then to give notice thereof to the Company, that a proper account thereof may be taken, in order that they may pay to the Company one guilder for each merchantable beaver and otter skin; the property, risk and all other charges remaining on account of the Patroons or owners. XVI. All coarse wares that the Colonists of the Patroons there 30 CHARTER OF PRIVILEGES TO PATROONS [June 7/17 shall consume, such as pitch, tar, weed-ashes, wood, grain, fish, salt, hearthstone and such like things shall be conveyed in the Company's ships, at the rate of eighteen guilders per last. . . XVII. For all wares which are not mentioned in the foregoing article, and which are not carried by the last, there shall be paid one dollar for each hundred pounds weight; and for wines, brandies, verjuice and vinegar, there shall be paid eighteen guilders per cask. XVIII. The Company promises the colonists of the Patroons that they shall be free from customs, taxes, excise, imposts or any other contributions for the space of ten years; and after the expiration of the said ten years, at the highest, such customs as the goods pay here for the present. *fe rf* rf» *r' *%z sic ife He XXIII. Whosoever, whether colonists of Patroons for their Patroons, or free persons for themselves, or others for their mas ters, shall discover any shores, bays or other fit places for erecting fisheries, or the making of salt ponds, they may take possession thereof, and begin to work on them as their own absolute prop erty, to the exclusion of all others. And it is consented to that the Patroons of colonists may send ships along the coast of New Netherland, on the cod fishery, and with the fish they catch, trade to Italy or other neutral countries, paying in such cases to the Company a duty of six guilders per last; and if they should come with their lading hither, they shall be at liberty to proceed to Italy, though they shall not, under pretext of this consent, or leave from the Company, carry any goods there, on pain of arbi trary punishment. . . . XXIV. In case any of the colonists should, by his industry and diligence, discover any minerals, precious stones, crystals, mar bles or such like, or any pearl fishery, the same shall be and remain the property of the Patroon or Patroons of such Colonie, giving and ordering the discoverer such premium as the Patroon shall beforehand have stipulated with such colonist by contract. And the Patroons shall be exempt from the payment of duty to the Company for the term of eight years, and pay only for freight, to bring them over, two per cent, and after the expiration of the aforesaid eight years, for duty and freight, the one-eighth part of what the same may be worth. 1629] CHARTER OF MARYLAND 31 ******** XXVII. The Patroons and colonists shall in particular, and in the speediest manner, endeavor to find out ways and means whereby they may support a Minister and Schoolmaster, that thus the service of God and zeal for religion may not grow cool and be neglected among them, and they shall, for the first, procure a Comforter of the sick there. ******** XXIX. The Colonists shall not be permitted to make any woolen, linen or cotton cloth, nor weave any other stuffs there, on pain of being banished, and as perjurers, to be arbitrarily punished. XXX. The Company will use their endeavors to supply the colonists with as many Blacks as they conveniently can, on the conditions hereafter to be made, in such manner, however, that they shall not be bound to do it for a longer time than they shall think proper. XXXI. The Company promise to finish the fort on the Island of the Manhattes, and to put it in a posture of defence without delay. No. 8. Charter of Maryland June 20/30, 1632 George Calvert, first Lord Baltimore, had been a member of the Vir ginia Company, and, as one of the two principal secretaries of state, was a member of the Committee of the Council for Plantation Affairs. In 1620 he purchased a tract of land in Newfoundland, for which, under the name of Avalon, he obtained from James I., in 1623, a patent as proprietor. He vis ited his province in 1627, with the intention of remaining; but the advantages of the region had been exaggerated, and the climate was such as to discourage colonization. In 1629 he went to Virginia, but was obliged to leave on his refusal, as a Catholic, to take the oaths of allegiance and supremacy. Re turning to England, he obtained from Charles I. a grant of land north of the Potomac. Baltimore died shortly before the patent passed the seals, and the charter was issued to his son, Cecil, second Lord Baltimore, June 20/30, 1632. The region granted to Baltimore had been included in the Virginia grant of 1609; but the revocation of the third charter in 1624 had left Virginia a royal province, with its unsettled portions subject to allotment at the pleasure of the king. Former members of the Virginia Company protested against the grant; 32 CHARTER OF MARYLAND [June 20/30 but the protest was ineffectual, and Virginia was directed to befriend the new colony. References. — Text, Latin and English, in Bacon's Laws of Maryland. The early legislation of the colony may be followed in Bacon, and in Mary land Archives, I. See also Sainsbury's Calendar of State Papers, Colonial, I. CHARLES . . . [&c] . . . II. Whereas our well beloved and right trusty Subject CE CILIUS CALVERT, Baron of BALTIMORE, in our Kingdom of Ireland, Son and Heir of George Calvert, Knight, late Baron of Baltimore, in our said Kingdom of Ireland, treading in the Steps of his Father, being animated with a laudable, and pious Zeal for extending the Christian Religion, and also the Territories of our Empire, hath humbly besought Leave of Us, that he may transport, by his own Industry, and Expence, a numerous Colony of the English Nation, to a certain Region, herein after described, in a Country hitherto uncultivated, in the Parts of America, and partly occupied by Savages, having no Knowledge of the Divine Being, and that all that Region, with some certain Privileges, and Jurisdictions, appertaining unto the wholesome Govern ment, and State of his Colony and Region aforesaid, may by our Royal Highness be given, granted, and confirmed unto him, and his Heirs. III. Know ye therefore, that WE . . by this our present CHARTER . do Give, Grant, and Confirm, unto the afore said CECILIUS, now Baron of BALTIMORE, his Heirs, and Assigns, all that Part of the Peninsula, or Chersonese, lying in the Parts of America, between the Ocean on the East, and the Bay of Chesopeake on the West, divided from the Residue thereof by a Right Line drawn from the Promontory, or Head-Land, called Watkin's Point, situate upon the Bay aforesaid, near the River of Wighco, on the West, unto the Main Ocean on the East; and be tween that Boundary on the South, unto that Part of the Bay of Delaware on the North, which lyeth under the Fortieth Degree of North Latitude from the Equinoctial, where New-England is terminated: And all the Tract of that Land within the Metes underwritten (that is to say) passing from the said Bay, called Delaware Bay, in a right Line, by the Degree aforesaid, unto the true Meridian of the first Fountain of the River of Pattow- mack, thence verging towards the South, unto the further Bank 1632] CHARTER OF MARYLAND 33 of the said River, and following the same on the West and South, unto a certain Place called Cinquack, situate near the Mouth of the said River, where it disembogues into the aforesaid Bay of Chesopeake, and thence by the shortest Line unto the aforesaid Promontory, or Place, called Watkin's Point; so that the whole Tract of Land, divided by the Line aforesaid, between the Main Ocean, and Watkin's Point, unto the Promontory called Cape- Charles, and every the Appendages thereof, may entirely remain excepted for ever to US, our Heirs, and Successors. IV. Also We do Grant . . . unto the said Baron of BALTI MORE ... all Islands and Islets within the Limits aforesaid, all and singular the Islands and Islets, from the Eastern Shore of the aforesaid Region, towards the East, which have been, or shall be formed in the Sea, situate within Ten marine Leagues from the said Shore; . . . And further more the Patronages, and Advowsons of all Churches which (with the increasing Wor ship and Religion of CHRIST) within the said Region . . . , hereafter shall happen to be built, together with Licence and Faculty of erecting and founding Churches, Chapels, and Places of Worship, in convenient and suitable Places, within the Premises, and of causing the same to be dedicated and consecrated accord ing to the Ecclesiastical Laws of our Kingdom of England, with all, and singular such, and as ample Rights, Jurisdictions, Privi leges, Prerogatives, Royalties, Liberties, Immunities, and royal Rights, and temporal Franchises whatsoever, as well by Sea as by Land, within the Region . . . aforesaid, to be had, exercised, used, and enjoyed, as any Bishop of Durham, within the Bishop rick or County Palatine of Durham, in our Kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of Right could, or ought to have, hold, use, or enjoy. V. And WE do by these Presents . . . make, create and con stitute Him, the now Baron of BALTIMORE, and his Heirs, the True and absolute Lords and Proprietaries of the Region aforesaid, and of all other the Premises (except the before ex cepted) saving always the Faith and Allegiance and Sovereign Dominion due to US ... ; TO HOLD of US ... as of our Castle of Windsor, in our County of Berks, in free and common Soccage, by Fealty only for all Services, and not in capite, nor by Knight's Service, YIELDING therefore unto US . . . two 34 CHARTER OF MARYLAND [June 20/30 Indian Arrows of those Parts, to be delivered at the said Castle of Windsor, every Year, on Tuesday in Easter-Week: And also the fifth Part of all Gold and Silver Ore, which shall happen from Time to Time, to be found within the aforesaid limits. VI. Now, That the aforesaid Region, thus by us granted and described, may be eminently distinguished above all other Re gions of that Territory, and decorated with more ample Titles, KNOW YE, that . . . WE do . . . erect and incorporate the same into a PROVINCE, and nominate the same MARY LAND. . . . VII. And forasmuch as WE have above made and ordained the aforesaid now Baron of BALTIMORE, the true Lord and Proprietary of the whole Province aforesaid, . . . WE ... do grant unto the said now Baron . . . and to his Heirs, for the good and happy Government of the said province, free, full, and absolute Power, by the tenor of these Presents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said province, or the private Utility of Individuals, of and with the Advice, Assent, and Approbation of the Free-Men of the same province, or of the greater Part of them, or of their Delegates or Deputies, whom WE will shall be called together for the framing of LAWS, when, and as often as Need shall require, by the afore said now Baron of BALTIMORE . . , and in the Form which shall seem best to him or them, and the same to publish under the Seal of the aforesaid now Baron of BALTIMORE . . . and duly to execute the same upon all Persons, for the Time being, within the aforesaid province, and the Limits thereof, or under his or their Government and Power, in Sailing towards MARY LAND, or thence Returning, Outward-bound, either to Eng land, or elsewhere, whether to any other Part of Our, or of any foreign Dominions, wheresoever established, by the Imposition of Fines, Imprisonment, and other Punishment whatsoever; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life ... So Nevertheless, that the Laws aforesaid be consonant to Reason and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the Laws, Statutes, Customs and Rights of this Our Kingdom of England. T* *P *** *t* 'F *j* *j* 5(C 1632] CHARTER OF MARYLAND 35 XVIII. And furthermore . . . WE ... do give . . . unto the aforesaid now Baron of BALTIMORE . . . full and absolute Licence, Power, and Authority . . [to] assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premises, to any Person or Persons willing to purchase the same, as they shall think convenient, to have and to hold ... in Fee-simple, or Fee-tail, or for Term of Life, Lives, or Years; to hold of the aforesaid now Baron of BALTIMORE . . . by . . such . . . Services, Customs and Rents OF THIS KIND, as to the same now Baron of BALTIMORE . . . shall seem fit and agreeable, and not immediately of US. . . . XIX. We also . . do . grant Licence to the same Baron of BALTIMORE . to erect any Parcels of Land within the Province aforesaid, into Manors, and in every of those Manors, to have and to hold a Court-Baron, and all Things which to a Court-Baron do belong; and to have and to keep View of Frank- Pledge, for the Conservation of the Peace and better Govern ment of those Parts, by themselves and their Stewards, or by the Lords, for the Time being to be deputed, of other of those Manors when they shall be constituted, and in the same to exer cise all Things to the View of Frank-Pledge belonging. ******** XXI. And furthermore WE Will . . . that the said prov ince, and the Freeholders or Inhabitants ... of the said Colony or Country, shall not henceforth be held or reputed a Member or Part of the Land of Virginia, or of any other Colony already transported, or hereafter to be transported, or be dependent on the same, or subordinate in any kind of Government, from which WE do separate both the said Province, and Inhabitants thereof, and by these Presents do WILL to be distinct, and that they may be immediately subject to our Crown of England, and dependent on the same for ever. XXII. [The charter to be construed in favor of Baltimore]: provided always, that no Interpretation thereof be made, whereby GOD'S holy and true Christian Religion, or the Allegiance due to US . . . , may in any wise suffer by Change, Prejudice, or Diminution. . . . 36 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24 No. 9. Fundamental Orders of Connecticut January 14/24, 1638/9 The region of the Connecticut valley, originally included within the grant of 1620 to the Council for New England, became the subject of rival claims on the part of New Netherland, Massachusetts, and Plymouth. A patent for the territory west of the Narragansett River, given in March, 163 1/2, by the Earl of Warwick, president of the Council for New England, to Lord Say and Sele, Lord Brook, and others, remained unused until 1635, when John Winthrop, the younger, arrived with a commission as governor, and built a fort at Saybrook, at the mouth of the Connecticut. The Dutch had already built a fort at Hartford, and in 1633 traders from Plymouth had established a post at Windsor. In the meantime, Massachusetts traders had explored the overland route from that colony, and their favorable reports encouraged the plan, already under consideration by inhabitants of Dorchester, Watertown, and Newtown (Cambridge), to remove to a region where greater religious and political freedom, as well as opportunity for material betterment, could be enjoyed. The plan of emigration, defeated in 1634, was approved by Massa chusetts the next year, and a commission of government was granted by the General Court. In 1635-1636, settlements were planted at Windsor, Weth- ersfield, and Hartford. In 1637 the three towns assumed the control of their own affairs, and in January, 1638/9, drew up the constitution known as the Fundamental Orders of Connecticut — "the first written constitution known to history that created a government." References. — Text in Connecticut Colonial Records, I., 20—25. War wick's patent of 1631, and Winthrop's commission, are in Trumbull's His tory of Connecticut (ed. 1797), I., 525-528. Forasmuch as it hath pleased the Allmighty God by the wise disposition of his divyne providence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harte- ford and Wethersfield are now cohabiting and dwelling in and uppon the River of Conectecotte and the Lands thereunto adjoyne- ing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and union of such a people there should be an orderly and decent Goverment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe there fore assotiate and conjoyne our selves to be as one Publike State or Commonwelth ; and doe, for our selves and our Successors and such as shall be adjoyned to us att any tyme hereafter, enter into 1638/9] FUNDAMENTAL ORDERS OF CONNECTICUT 37 Combination and Confederation togather, to mayntayne and pre- searve the liberty and purity of the gospell of our Lord Jesus which we now professe, as also the disciplyne of the Churches, which according to the truth of the said gospell is now practised amongst us; As also in our Civell Affaires to be guided and gov erned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth : — 1. It is Ordered . . . that there shall be yerely two generali Assemblies or Courts, the on [one] the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen . . . soe many Magestrats and other publike Officers as shall be found requisitte : Whereof one to be chosen Governour for the yeare ensueing and untill another be chosen, and noe other Magestrate to be chosen for more than one yeare ; provided allwayes there be sixe chosen besids the Governour; which being chosen and sworne according to an Oath recorded for that pur pose shall have power to administer justice according to the Lawes here established, and for want thereof according to the rule of the word of God; which choise shall be made by all that are admitted. freemen and have taken the Oath of Fidellity, and doe cohabitte within this Jurisdiction, (having beene admitted Inhabitants by the major part of the Towne wherein they live,) or the mayor parte of such as shall be then present. 3. It is Ordered . . . that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Mages- tracy which was not propownded in some Generali Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two whom they conceave fitte to be put to Election ; and the Courte may ad so many more as they judge requisitt. 4. It is Ordered . . . that noe person be chosen Governor above once in two yeares, and that the Governor be alwayes a member of some approved congregation, and formerly of the Magestracy within this Jurisdiction; and all the Magestrats Freemen of this Commonwelth : and that no Magestrate or other publike officer shall execute any parte of his or their Office before they are severally sworne. . . . 38 FUNDAMENTAL ORDERS OF CONNECTICUT [Jan. 14/24 5. It is Ordered . . . that to the aforesaid Courte of Election the severall Townes shall send their deputyes, and when the Elections are ended they may proceed in any publike searvice as at other Courts. Also the other Generali Courte in September shall be for makeing of lawes, and any other publike occation, which conserns the good of the Commonwelth. 8. It is Ordered . that Wyndsor, Hartford and Wethers- field shall have power, ech Towne, to send fower of their freemen as their deputyes to every Generali Courte; and whatsoever other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable proportion to the number of Freemen that are in the said Townes being to be attended therein; which deputyes shall have the power of the whole Towne to give their voats and alow ance to all such lawes and orders as may be for the publike good, and unto which the said Townes are to be bownd. 9. It is ordered . that the deputyes thus chosen shall have power and liberty to appoynt a tyme and a place of meeting to gather before any Generali Courte to advise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest parte of them find any election to be illegall they may seclud such for present from their meeting, and returne the same and their resons to the Courte; and if yt prove true, the Courte may fyne the party or partyes so intruding and the Towne, if they see cause, and give out a warrant to goe to a newe election in a legall way, either in parte or in whole. Also the said deputyes shall have power to fyne any that shall be dis orderly at their meetings, or for not comming in due tyme or place according to appoyntment. 10. It is Ordered . that every Generali Courte, except such as through neglecte of the Governor and the greatest parte of Magestrats the Freemen themselves doe call, shall consist of the Governor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, with the mayor parte of the deputyes of the severall Townes legally chosen; and in case the Freemen or mayor parte of them, through neglect or refusall of the Governor and mayor parte of the magestrats, shall call a Courte, it shall 1638/9] FUNDAMENTAL ARTICLES OF NEW HAVEN 39 consist of the mayor parte of Freemen that are present or their deputyes, with a Moderator chosen by them: In which said Generali Courts shall consist the supreme power of the Common welth, and they only shall have power to make lawes or repeale them, to graunt levyes, to admitt of Freemen, dispose of lands undisposed of, to severall Townes or persons, and also shall have power to call ether Courte or Magestrate or any other person whatsoever into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this commonwelth, excepte election of Magestrats, which shall be done by the whole boddy of Freemen. In which Courte the Governour or Moderator shall have power to order the Courte to give liberty of spech, and silence unceason- able and disorderly speakeings, to put all things to voate, and in case the vote be equall to have the casting voice. But non of these Courts shall be adjorned or dissolved without the consent of the major parte of the Court. 11. It is ordered . that when any Generali Courte uppon the occations of the Commonwelth have agreed uppon any summe or sommes of mony to be levyed uppon the severall Townes within this Jurisdiction, that a Committee be chosen to sett out and appoynt what shall be the proportion of every Towne to pay of the said levy, provided the Committees be made up of an equall number out of each Towne. ******* * No. 10. Fundamental Articles of New Haven June 4/14, 1639 A settlement at New Haven was made in April, 1638, by a party of emi grants under the lead of John Davenport, a prominent nonconformist minister of London, and Theophilus Eaton, a wealthy London merchant and former deputy governor of the East India Company. Most of the party had arrived at Boston in the summer of 1637, and were offered strong inducements to remain in Massachusetts ; but the religious condition of that colony, just emerging from the Hutchinsonian controversy, and a desire to found an in dependent state on a scriptural model, determined them to remove to Con necticut. For a year they lived under a "plantation covenant," apparently 40 FUNDAMENTAL ARTICLES OF NEW HAVEN [June 4/14 an ecclesiastical as well as corporate agreement, in the meantime acquiring title to the land by deeds from the Indians. The Fundamental Articles were agreed upon June 4/14, 1639 ; in October the first general court was held, and the government established, with Eaton as governor. References. — Text in New Haven Colonial Records (1638-1649), pp. 11-17. The 4th day of the 4th moneth called June 1639, all the free planters assembled together in a gefneral *] meetinge to consult about settling civill Government according to God, and about the nomination of persons thatt might be founde by consent of all fittest in all respects for the foundation worke of a church w[hich] was intend to be gathered in Quinipieck. After solemne invocation of the name of God in prayer [for] the presence and help of his speritt, and grace in those weighty businesses, they were reminded of t[he] busines whereabout they mett [viz] for the establishment of such civill order as might be most p[leas]ing unto God, and for the chuseing the fittest men for the foundation worke of a church to be gatherfed]. For the better inableing them to discerne the minde of God and to agree accordingly con cerning the establishment of civill order, Mr. John Davenport propounded divers quaeres to them publiquely. . . . This being earnestly pressed by Mr. Davenport, Mr. Robt. Newman was intreated to write in carracters and to read dis tinctly and audibly in the hearing of all the people whatt was propounded and accorded on that itt might appeare thatt all con sented to matters propounded according to words written by him. Qwer. 1. Whether the Scripturs doe holde forth a perfect rule for the direction and government of all men in all duetfies] which they are to performe to God and men as well in the government of famylyes and commonwealths as in matters of the chur. This was assented unto by all, no man dissenting as was ex pressed by holding up of hands. Afterward itt was read over to them thatt they might see in whatt words their vote was expressed : They againe expressed their consent thereto by holdeing up their hands, no man dissenting. Qtoer. 2. Whereas there was a covenant solemnly made by the whole assembly of free-planters of this plantation the first day of extraordenary humiliation which wee had after wee came ton-ether, 1 Words and letters in brackets are obliterated or illegible in the original. — Ed. 1639] FUNDAMENTAL ARTICLES OF NEW HAVEN 41 thatt as in matters thatt concerne the gathering and ordering of a chur. so likewise in all publique offices which concerne civill order, as choyce of magistrates and officers, makeing and repeal ing of lawes, devideing allottments of inheritance and all things of like nature we would all of us be ordered by those rules which the scripture holds forth to us. . . . Itt was demaunded whether all the free planters doe holde themselves bound by thatt covenant in all businesses of thatt nature which are expressed in the covenant to submitt themselves to be ordered by the rules held forth in the scripture. This also was assented unto by all, and no man gainesaid itt. . . . Qu/Er. 3. Those who have desired to be received as free planters, and are settled in the plantation with a purp[ose,] reso lution and desire thatt they may be admitted into chur. fellowship according to Christ as soone [as] God shall fitt them thereunto : were desired to express itt by holdeing up of hands : Accordingly a[ll] did expresse this to be their desire and purpose by holdeing up their hands twice, [viz] both att the [pro]posall of itt, and after when these written words were read unto them. Qwer. 4. All the free planters were called upon to expresse whether they held themselves bound to estafblish] such civill order as might best conduce to the secureing of the purity and peace of the ordinances] to themselves and their posterity ac cording to God. In answer hereunto they expressed by hold ing] up their hands twice as before. . . . Then Mr. Davenport declared unto them by the scripture whatt kinde of persons might best be trusted with matters of govern ment. . . . Having thus said he satt downe, praying the com pany freely to consider whether they would have [it] voted att this time or nott: After some space of silence Mr. Theophilus Eaton answered itt mi[ght] be voted, and some others allso spake to the same purpose, none att all opposeing itt. Then itt was pro pounded to vote. Qu.br. 5. Whether Free Burgesses shalbe chosen out of chur. members they thatt are in the foundation] worke of the church being actually free burgesses, and to chuse to themselves out of the li[ke] estate of church fellowship and the power of chuseing magistrates and officers from among themselves and the power off makeing and repealing lawes according to the worde, and the 42 FUNDAMENTAL ARTICLES OF NEW HAVEN [June 4/14 devideing of inheritances and decideing of differences thatt may arise, and all the businesses of like nature are to be transacted by those free burgesses. This was putt to vote and agreed unto by the lifting up of hands twice as in the former itt was done . . . and Mr. Robert Newman was desired to write itt as an order whereunto every one thatt hereafter should be admitted here as planters should submitt and testefie the same by subscribeing their names to the order, namely, that church members onely shall be free burgesses, and thatt they onely shall chuse magistrates & officers among them selves to have the power of transacting all the publique civill affayres of this Plantation, of makeing and repealing lawes, devideing of inheritances, decideing of differences thatt may arise and doeing all things or businesses of like nature. This being thus settled as a foundamentall agreement concern ing civill government. Mr. Davenport proceeded to propound some things to consideration aboute the gathering of a chur. And to prevent the blemishing of the first beginnings of the chur. worke, Mr. Davenport advised thatt the names of such as were to be admitted might be publiquely propounded, to the end thatt they who were most approved might be chosen, for the towne being cast into severall private meetings wherein they thatt dwelt nearest together gave their accounts one to another of Gods gra cious worke upon them, and prayed together and conferred to their mutuall ediffication, sundry of them had knowledg one of another, and in every meeting some one was more approved of all then any other, For this reason, and to prevent scandalls, the whole company was intreated to consider whom they found fittest to nominate for this worke. Qu^er. 6. Whether are you all willing and doe agree in this thatt twelve men be chosen thatt their fitnesse for the foundation worke may be tried, however there may be more named yett itt may be in their power who are chosen to reduce them to twelve, and itt be in the power of those twelve to chuse out of themselves seaven that shall be most approved of the major part to begin the church. This was agreed upon by consent of all as was expressed by holdeing up of hands, and thatt so many as should be thought fitt for the foundation worke of the church shall be propounded 1639] PATENT OF PROVIDENCE PLANTATIONS 43 by the plantation, and written downe and passe without exception unlesse they had given publique scandall or offence, yett so as in case of publique scandall or offence, every one should have lib erty to propound their exception att thatt time publiquely against any man that should be nominated when all their names should be writt downe, butt if the offence were private, thatt mens names might be tendered, so many as were offended were intreated to deale with the offender privately, and if he gave nott satisfaction, to bring the matter to the twelve thatt they might consider of itt impartially and in the feare of God. The names of the persons nominated and agreed upon were Mr. Theoph. Eaton, Mr. John Davenport, Mr. Robert Newman, Mr. Math. Gilbert, Mr. Richard Malbon, Mr. Nath : Turner, Eze : Chevers, Thomas Fugill, John Ponderson, William Andrewes, and Jer. Dixon. Noe exception was brought against any of those in publique, except one about takeing an excessive rate for meale which he sould to one of Pequanack in his need, which he confessed with griefe and de clared thatt haveing beene smitten in heart and troubled in his conscience, he restored such a part of the price back againe with confession of his sin to the party as he thought himselfe bound to doe. And it being feared thatt the report of the sin was heard farther th[an] the report of his satisfaction, a course was con cluded on to make the satisfaction known to as many as heard of the sinn. . . . No. 11. Patent of Providence Plantations March 14/24, 1643 In 1636 Roger Williams, lately banished from Massachusetts, established himself at Providence. A settlement was made at Portsmouth, under Will iam Coddington, in March, 1637/8, and another at Newport in 1639. War wick was planted in 1642/3, by Samuel Gorton and others. In 1643 Williams, through the influence of the Earl of Warwick, obtained a patent uniting the settlements at Providence, Portsmouth, and Newport, under the name of Providence Plantations. A government under the patent was not organized until May, 1647, at which time Warwick was admitted. The patent con ferred liberal rights of self-government, but made no grant of land. References. — Text in Rhode Island Colonial Records, I., 143-146. The 44 PATENT OF PROVIDENCE PLANTATIONS [March 14/24 laws passed in 1647 are in ib., I., 147-208. See also Early Records of the Town of Providence, I.; Staples's Annals of the Town of Providence; and bibliographical notes in Winsor's Narr. and Crit. Hist., IIL, 376-380. . . . Whereas . . . there is a Tract of Land . . . called by the Name of the Narraganset-Bay; bordering Northward and Northeast on the Patent of the Massachusetts, East and Southeast on Plymouth Patent, South on the Ocean, and on the West and Northwest by the Indians called Nahigganneucks, alias Nar ragansets; the whole Tract extending about Twenty-five English Miles unto the Pequot River and Country. And whereas divers well affected and industrious English Inhabitants, of the Towns of Providence, Portsmouth, and New port in the tract aforesaid, have adventured to make a nearer neighborhood and Society with the great Body of the Narragan sets, which may in Time by the blessing of God upon their Endeavours, lay a sure Foundation of Happiness to all America. And have also purchased, and are purchasing of and amongst the said Natives, some other Places, which may be convenient both for Plantations, and also for building of Ships, Supply of Pipe Staves and other Merchandize. And whereas the said English, have represented their Desire ... to have their hopeful Begin nings approved and confirmed, by granting unto them a Free Charter of Civil Incorporation and Government; ... In due Consideration of the said Premises, the said Robert Earl of War wick, . . . and the greater Number of the said Commissioners, out of a Desire to encourage the good Beginnings of the said Planters, Do, by the Authority of the aforesaid Ordinance of the Lords and Commons, . . . grant ... to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and New port, a free and absolute Charter of Incorporation, to be known by the Name of the Incorporation of Providence Plantations, in the Narraganset-Bay, in New England. — Together with full Power and Authority to rule themselves, and such others as shall hereafter inhabit within any Part of the said Tract of land, by such a Form of Civil Government, as by voluntary con sent of all, or the greater Part of them, they shall find most suit able to their Estate and Condition; and, for that End, to make and ordain such Civil Laws and Constitutions, and to inflict such 1643] NEW ENGLAND CONFEDERATION 45 punishments upon Transgressors, and for Execution thereof, so to place, and displace Officers of Justice, as they, or the greatest Part of them, shall by free Consent agree unto. Provided never theless, that the said Laws, Constitutions, and Punishments, for the Civil Government of the said Plantations, be conformable to the Laws of England, so far as the Nature and Constitution of the place will admit. And always reserving to the said Earl, and Commissioners, and their Successors, Power and Authority for to dispose the general Government of that, as it stands in Rela tion to the rest of the Plantations in America as they shall con ceive from Time to Time, most conducing to the general Good of the said Plantations, the Honour of his Majesty, and the Ser vice of the State. . . . No. 12. New England Confederation May 19/29, 1643 The first definite suggestion of a confederation of the New England colo nies appears to have been made in 1637, when certain magistrates and minis ters from Connecticut held a conference on the subject with the Massachusetts authorities at Boston. A notice of this meeting was sent to Plymouth, but too late for that colony to be represented. A counter proposition from Massa chusetts, in 1638, failed because of the refusal of Connecticut to allow the decision of a majority of the commissioners, in cases of dispute, to be final. The matter was again urged by Connecticut in 1639, in view of threatening reports from New Netherland ; but, although favorably considered by Massa chusetts, nothing came of it. Fear of an Indian war led to a joint proposal to Massachusetts, in 1640, from Rhode Island, Connecticut, and New Haven; but Massachusetts refused to treat with Rhode Island. Finally, in 1642, moved by the "sad distractions in England " and the renewed danger of an Indian war, the Massachusetts General Court appointed a committee to treat with the other colonies in regard to union. In May, 1643, tne commissioners met at Boston, and agreed upon the articles following; but the representa tives of Plymouth not having authority to conclude the negotiations at that time, the ratification of that colony was delayed until the first meeting of the commissioners, Sept. 4/14. Rhode Island was not a member of the confed eration, artd applications for admission, in 1644 and 1648, were refused, unless the Rhode Island settlements would acknowledge the jurisdiction of either Massachusetts or Plymouth. The importance of the confederation practi- 46 NEW ENGLAND CONFEDERATION [May 19/29 cally ceased after 1662, when New Haven was united with Connecticut; but the commissioners continued to hold occasional meetings until 1684. References. — Text in New Haven Colonial Records, 1653-1665, pp. 562-566. The records of the commissioners are in Plymouth Colony Records, IX., X. Frothingham, Rise of the Republic, 63, n. 2, gives a list of the meet ings. See also Winthrop's New England, passim; Hubbard's History of Massachusetts (Mass. Hist. Coll., Second Series, VI.), chap. 52. Whereas we all came into these parts of America, with one and the same end and ayme, namely, to advance the Kingdome of our Lord Jesus Christ, and to enjoy the liberties of the Gospel, in purity with peace; and whereas in our settling (by a wise providence of God) we are further dispersed upon the Sea-Coasts, and Rivers, then was at first intended, so that we cannot (accord ing to our desire) with convenience communicate in one Govern ment, and Jurisdiction; and whereas we live encompassed with people of severall Nations, and strange languages, which hereafter may prove injurious to us, and our posterity : And forasmuch as the Natives have formerly committed sundry insolencies and outrages upon severall Plantations of the English, and have of late combined against us. And seeing by reason of the sad dis tractions in England, which they have heard of, and by which they know we are hindred both from that humble way of seeking advice, and reaping those comfortable fruits of protection which, at other times, we might well expect; we therefore doe conceive it our bounden duty, without delay, to enter into a present Con- sotiation amongst our selves, for mutuall help and strength in all our future concernments, that, as in Nation, and Religion, so, in other respects, we be, and continue, One, according to the tenour and true meaning of the ensuing Articles. I. Wherefore it is fully Agreed and Concluded by and between the parties, or Jurisdictions [of Massachusetts, Plymouth, Con necticut and New Haven] That they all be, and henceforth be called by the name of, The United Colonies of New-England. II. The said United Colonies for themselves, and their pos terities doe joyntly and severally hereby enter into a firm and perpetuall league of friendship and amity, for offence and defence, mutuall advice and succour, upon all just occasions, both for pre serving and propagating the truth, and liberties of the Gospel, and for their own mutuall safety, and wellfare. 1643] NEW ENGLAND CONFEDERATION 47 III. It is further agreed, That the Plantations which at present are, or hereafter shall be settled within the limits of the Massa chusets, shall be forever under the Government of the Massa chusets. And shall have peculiar Jurisdiction amongst themselves, as an intire body; and that Plimouth, Connecticut, and New- Haven, shall each of them, in all respects, have the like peculiar Jurisdiction, and Government within their limits. And in refer ence to the Plantations which already are setled, or shall here after be erected and shall settle within any of their limits respectively, provided that no other Jurisdiction shall hereafter be taken in, as a distinct head, or Member of this Confederation, nor shall any other either Plantation, or Jurisdiction in present being, and not already in combination, or under the Jurisdiction of any of these Confederates, be received by any of them, nor shall any two of these Confederates, joyne in one Jurisdiction, without consent of the rest. . IV. It is also by these Confederates agreed, That the charge of all just Wars, whether offensive, or defensive, upon what part or Member of this Confederation soever they fall, shall both in men, provisions, and all other disbursements, be born by all the parts of this Confederation, in different proportions, according to their different abilities, in manner following, namely, That the Commissioners for each Jurisdiction, from time to time, as there shall be occasion, bring a true account and number of all the Males in each Plantation, or any way belonging to, or under their severall Jurisdictions, of what quality, or condition soever they be, from sixteen years old, to threescore, being inhabitants there. And that according to the different numbers, which from time to time shall be found in each Jurisdiction, upon a true, and just account, the service of men, and all charges of the war, be born by the poll : Each Jurisdiction, or Plantation, being left to their own just course, and custome, of rating themselves, and people, according to their different estates, with due respect to their qualities and exemptions among themselves, though the Confederation take no notice of any such priviledge. And that, according to the different charge of each Jurisdiction, and Plan tation, the whole advantage of the War (if it please God so to blesse their endeavours) whether it be in Lands, Goods, or per sons, shall be proportionably divided among the said Confederates. 48 NEW ENGLAND CONFEDERATION [May 19/29 V. It is further agreed, That if any of these Jurisdictions, or any Plantation under, or in Combination with them, be invaded by any enemy whomsoever, upon notice, and request of any three Magistrates of that Jurisdiction so invaded. The rest of the Con federates, without any further meeting or expostulation, shall forthwith send ayde to the Confederate in danger, but in different proportion, namely the Massachusets one hundred men suffi ciently armed, and provided for such a service, and journey. And each of the rest five and forty men, so armed and provided, or any lesse number, if lesse be required, according to this pro portion. But if such a Confederate may be supplyed by their next Confederate, not exceeding the number hereby agreed, they may crave help there, and seek no further for the present. The charge to be born, as in this Article is expressed. And at their return to be victualled, and supplied with powder and shot (if there be need) for their journey by that Jurisdiction which im- ployed, or sent for them. . . . But in any such case of sending men for present ayde, whether before or after such order or altera tion, it is agreed, That at the meeting of the Commissioners for this Confederation, the cause of such war or invasion, be duly considered, and if it appear, that the fault lay in the party so invaded, that then, that Jurisdiction, or Plantation, make just satisfaction, both to the invaders, whom they have injuried, and bear all the charges of the war themselves. . . . And further, if any Jurisdiction see any danger of an invasion approaching, and there be time for a meeting, That in such case, three Magistrates of that Jurisdiction may summon a meeting, at such convenient place, as themselves shall think meet, to con sider, and provide against the threatened danger. . . . VI. It is also agreed, That for the managing and concluding of all affaires proper to, and concerning the whole Confederation, two Commissioners shall be chosen by, and out of the foure Juris dictions, namely two for the Massachusets, two for Plimouth, two for Connecticut, and two for New-haven, being all in Church- fellowship with us, which shall bring full power from their severall generali Courts respectively, to hear, examine, w^eigh, and deter mine all affaires of war, or peace, leagues, aydes, charges, and numbers of men for war, division of spoyles, or whatsoever is gotten by conquest, receiving of more confederates, or Plantations 1643] NEW ENGLAND CONFEDERATION 49 into Combination with any of these Confederates, and all things of like nature, which are the proper concomitants, or conse quences of such a Confederation, for amity, offence, and defence, not intermedling with the' Government of any of the Jurisdictions, which by the third Article, is preserved intirely to themselves. ... It is further agreed, That these eight Commissioners shall meet once every year, besides extraordinary meetings, according to the fifth Article to consider, treat, and conclude of all affaires belonging to this Confederation, which meeting shall ever be the first Thursday in September. And that the next meeting after the date of these presents, which shall be accounted the second meeting, shall be at Boston in the Massachusets, the third at Hartford, the fourth at New-haven, the fifth at Plimouth, the sixth and seventh at Boston; and then Hartford, New-haven, and Plymouth, and so in course successively. If in the mean time, some middle place be not found out, and agreed on, which may be commodious for all the Jurisdictions. ******** VIII. It is also agreed, That the Commissioners for this Con federation hereafter at their meetings, whether ordinary or ex traordinary, as they may have Commission or opportunity, doe endeavour to frame and establish Agreements and Orders in generali cases of a civil nature, wherein all the Plantations are interested, for preserving peace amongst themselves, and pre venting (as much as may be) all occasions of war, or differences with others, as about the free and speedy passage of Justice in each Jurisdiction, to all the Confederates equally, as to their own, receiving those that remove from one Plantation to another, without due Certificates, how all the Jurisdictions may carry it towards the Indians, that they neither grow insolent, nor be injuried without due satisfaction, least War break in upon the Confederates, through such miscarriages. It is also agreed, That if any Servant run away from his Master, into any other of these Confederated Jurisdictions, That in such case, upon the Certificate of one Magistrate in the Jurisdiction, out of which the said Servant fled, or upon other due proof, the said Servant shall be delivered either to his Master, or any other that pursues, and brings such Certificate, or proof. And that upon the escape of any Prisoner whatsoever, or fugitive, for any Criminall Cause, 50 GOVERNMENT OF NEW HAVEN [Oct. 27 /Nov. 6 whether breaking Prison, or getting from the Officer, or otherwise escaping, upon the Certificate of two Magistrates of the Jurisdic tion out of which the escape is made, that he was a prisoner or such an offendor, at the time of the escape. The Magistrates, or some of them, of that Jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a Warrant, as the case will bear, for the apprehending of any such person, and the delivery of him into the hand of the Officer, or other person who pursueth him. And if help be required for the safe returning of any such offender, it shall be granted unto him that craves the same, he paying the charges thereof. IX. And for that the justest Wars may be of dangerous conse quence, especially to the smaller Plantations in these United Colonies, it is agreed, That neither the Massachusets, Plymouth, Connecticut, nor New-Haven, nor any of the Members of any of them, shall at any time hereafter begin undertake or engage them selves, or this Confederation, or any part thereof in any War whatsoever (sudden exigents with the necessary consequences thereof excepted, which are also to be moderated, as much as the case will permit) without the consent and agreement of the forenamed eight Commissioners, or at least six of them, as in the sixt Article is provided. . . . ******** XI. It is further agreed, That if any of the Confederates shall hereafter break any of these presents Articles, or be any other way injurious to any one of the other Jurisdictions such breach of Agreement, or injury shalbe duly considered, and ordered by the Commissioners for the other Jurisdictions, that both peace, and this present Confederation, may be intirely preserved without violation. ******** No. 13. Government of New Haven October 27/November 6, 1643 Independent settlements, similar to New Haven, were established at Guilford and Milford in 1639, and at Stamford and Southold (Long Island) in 1640. In 1643 these settlements united with New Haven in a representa- 1643] GOVERNMENT OF NEW HAVEN 51 tive government, under which the colony continued until 1662, when New Haven was incorporated with Connecticut under a royal charter. References. — Text in New Haven Colonial Records, 1638-1649, pp. 112-116. Itt was agreed and concluded as a foundamentall order nott to be disputed or questioned hereafter, thatt none shall be admitted to be free burgesses in any of the plantations within this juris diction for the future, butt such planters as are members of some or other of the approved churches in New England, nor shall any butt such free burgesses have any vote in any election, (the six present freemen att Milforde enjoying the liberty with the cau tions agreed,1) nor shall any power or trust in the ordering of any civill affayres, be att any time putt into the hands of any other then such church members, though as free planters, all have right to their inherritance & to comerce, according to such grants, orders and lawes as shall be made concerning the same. 2. All such free burgesses shall have power in each towne or plantation within this jurisdiction to chuse fitt and able men, from amongst themselves, being church members as before, to be the ordinary judges, to heare and determine all inferior causes, whether civill or criminall, provided thatt no civill cause to be tryed in any of these plantation Courts in value exceed 20 ', and thatt the punishment in such criminalls, according to the minde of God, revealed in his word, touching such offences, doe nott exceed stocking and whipping, or if the fine be pecuniary, thatt itt exceed nott five pounds. . . . 3. All such free burgesses through the whole jurisdiction, shall have vote in the election of all magistrates, whether Governor, Deputy Governor, or other magistrates, with a Treasurer, a Sec retary and a Marshall, &c. for the jurisdiction . . . and these free burgesses may, att every election, chuse so many magistrates for each plantation, as the weight of affayres may require, and as they shall finde fitt men for thatt trust. . . . 4. All the magistrates for the whole jurisdiction shall meete twice a yeare att Newhaven, namely, the Munday immediately before the sitting of the two fixed Generali Courts hereafter men tioned, to keep a Court called the Court of Magistrates, for the 1 See New Haven Colonial Records, 1638-1649, pp. no, in. — Ed. 52 GOVERNMENT OF NEW HAVEN [Oct. 27/Nov. 6 tryall of weighty and capitall cases, whether civill or criminall, above those lymitted to the ordinary judges in the perticular plantations, and to receive and try all appeales brought unto them from the aforesaid Plantation Courts, and to call all the inhabitants, whether free burgesses, free planters or others, to account for the breach of any lawes established, and for other misdemeanours, and to censure them according to the quallity of the offence, . . . and all sentences in this court shall pass by the vote of the major part of magistrates therein, butt from this Court of Magistrates, appeales and complaints may be made and brought to the Generali Court as the last and highest for this jurisdiction. . . . 5. Besides the Plantation Courts and Court of Magistrates, their shall be a Generali Court for the Jurisdiction, which shall consist of the Governor, Deputy Governor and all the Magistrates within the Jurisdiction, and two Deputyes for every plantation in the Jurisdiction, which Deputyes shall from time to time be chosen against the approach of any such Generali Court, by the aforesaid free burgesses, and sent with due certifficate to assist in the same, all which, both Governor and Deputy Governor, Magis trates and Deputyes, shall have their vote in the said Court. This Generali Court shall alwayes sitt att Newhaven, (unless upon weighty occasions the Generali Court see cause for a time to sitt elsewhere,) and shall assemble twice every yeare, namely, the first Wednesday in Aprill, & the last Wednesday in October, in the later of which Courts, the Governor, the Deputy Governor and all the magistrates for the whole jurisdiction with a Treasurer, a Secretary and Marshall, shall yearely be chosen by all the free burgesses before mentioned, besides which two fixed courts, the Governor, or in his absence, the Deputy Governor, shall have power to summon a Generali Court att any other time, as the urgent and extraordinary occasions of the jurisdiction may re quire, and att all Generali Courts, whether ordinary or extraor dinary, the Governor and Deputy Governor, and all the rest of the magistrates for the jurisdiction, with the Deputyes for the severall plantations, shall sitt together, till the affayres of the jurisdiction be dispatched or may safely be respited, . . . which Generali Court shall, with all care and dilligence provide for the maintenance of the purity of religion, and shall suppress the 1643] MARYLAND TOLERATION ACT 53 contrary, according to their best light from the worde of God, and all wholsome and sound advice which shall be given by the elders and churches in the jurisdiction, so farr as may concerne their civill power to deale therein. Seconly, they shall have power to mak and repeale lawes, and, while they are in force, to require execution of them in all the severall plantations. Thirdly, to impose an oath upon all the magistrates, for the faithfull discharge of the trust comitted to them, according to their best abilityes, and to call them to account for the breach of any lawes established, or for other misdemeanors, and to cen sure them, as the quallity of the offence shall require. Fowerthly, to impose and [an] oath of fidelity and due subjec tion to the lawes upon all the free burgesses, free planters, and other inhabitants within the whole jurisdiction. 5ly to settle and leivie rates and contributions upon all the severall plantations, for the publique service of the jurisdiction. 61y, to heare and determine all causes, whether civill or crimi nall, which by appeale or complaint shall be orderly brought unto them from any of the other Courts, or from any of the other plantations, In all which, with whatsoever else shall fall within their cognisance or judicature, they shall proceed according to the scriptures, which is the rule of all rightous lawes and sen tences, and nothing shall pass as an act of the Generali Court butt by the consent of the major part of magistrates, and the greater part of Deputyes. No. 14. Maryland Toleration Act April, 1649 Practical religious toleration existed in Maryland from the first, although for some years the Jesuits were the only clergy in the colony. The Puritan party, however, increased ; and the success of Parliament in its struggle with the king forced Baltimore not only to protect the Catholics, but also to guard against the charge that Maryland was a Catholic colony. To that end, in 1648 he removed the governor, Thomas Greene, a Catholic, and appointed William Stone of Virginia, a Protestant and an adherent of the Parliamentary 54 MARYLAND TOLERATION ACT [April cause. With the new commissions for the governor and council, Balti more also sent drafts of sixteen proposed laws, one of which, apparently, was the Toleration Act. The act was passed by an assembly the majority of whom were probably Catholics, held at St. Mary's, April 2-21, 1649. A pro viso in Stone's commission, forbidding him to assent to the repeal of any law, past or future, concerning religion, was designed to prevent later interference. In 1654, when the Puritans gained control, the protection hitherto accorded to Catholics was withdrawn; but the act of 1649 was revived in 1658, on the restoration of Baltimore's authority, and was incorporated in the revision of the laws made in 1676. An order of 1659, imposing penalties upon Quakers, seems not to have been enforced. References. — Text in Browne's Archives of Maryland, I., 244-247. On the general subject of toleration in Maryland, see references in Winsor's Narr. and Crit. Hist., III., 560-562. An Act Concerning Religion [The first part of the act provides for the punishment of blasphemy and Sabbath-breaking, and of such persons as shall call any one within the Province "an heretick, Scismatick, Idolator, puritan, Independant, Prespiterian popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Anti nomian, Barrowist, Roundhead, Separatist, or any other name or terme in a reproachfull manner relating to matter of Religion."] And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Conse quence in those commonwealthes where it hath been practised, And for the more quiett and peaceable governement of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof. Be it Therefore . . . enacted (except as in this present Act is before Declared and sett forth) that noe person or persons whatsoever within this Province, or the Islands, Ports, Harbors, Creekes, or havens thereunto be longing professing to believe in Jesus Christ, shall from hence forth bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beleife or exercise of any other Religion against his or her consent, soe as they be not unfaithfull to the Lord Proprietary, or molest or conspire against the civill Govern ment established or to bee established in this Province under him or his heires. And that all & every person and persons that shall 1649] FIRST NAVIGATION ACT 55 presume Contrary to this Act and the true intent and meaning thereof directly or indirectly either in person or estate willfully to wrong disturbe trouble or molest any person whatsoever within this Province professing to beleive in Jesus Christ for or in re spect of his or her religion or the free exercise thereof within this Province other than is provided for in this Act that such person or persons soe offending, shalbe compelled to pay trebble damages to the party soe wronged or molested, and for every such offence shall also forfeit 20s sterling in money or the value thereof . . . , Or if the partie soe offending as aforesaid shall refuse or bee unable to recompense the party soe wronged, or to satisfy such ffyne or forfeiture, then such Offender shalbe severely punished by publick whipping & imprisonment during the pleasure of the Lord proprietary, or his Leiuetenant or cheife Governor of this Province for the tyme being without baile or maineprise. . . . No. 15. First Navigation Act 1660 Under the early colonia 1 charters, the American colonies were generally exempted, either wholly or for a term of years, from the operation of the various acts for the regulation of trade then in force. The activity of the Dutch, however, gradually secured to that nation the virtual control of the colonial carrying trade. To regain this trade for the English, Parlia ment, in 1645, passed the first of a long series of acts and ordinances com monly spoken of collectively as the Navigation Acts. The ordinance of 1645 prohibited the importation into England, in other than English vessels manned by English seamen, of whale oil and other products of the whale fisheries. An ordinance of the following year restricted the foreign trade of / / the colonies to English bottoms. In 1649 the importation into England, Ireland, "or any of the dominions thereof," of French wines, wool, and silk was prohibited. In 1650, Virginia and certain of the West India col onies, where opposition to Puritanism had broken out, were declared to be in rebellion; and in order "to hinder the carrying over of any such persons as are enemies to this Commonwealth, or that may prove dangerous to any of the English plantations in America," foreign vessels were forbidden to trade with the colonies, save under license from Parliament or the Council of State. An act of 1651 embodied "a policy of coercion pure and simple," forbidding the importation of products of Asia, Africa, or America into Great Britain or the British colonies except in British or colonial vessels; 56 FIRST NAVIGATION ACT [1660 restricting the importation of European products to British vessels, or vessels of the country where the goods were produced or of the port from which they were usually shipped; limiting the trade in fish to British or colonial vessels; and excluding foreign vessels from the English coasting trade. The act of 1660, usually known as the First Navigation Act, embodied, in more systematic form, the important provisions of earlier acts, with the object of protecting both English and colonial shipping, and exploiting the colonial trade for the benefit of the mother country. As the act was passed by the Convention Parliament, it was confirmed in 1661 by the first Parliament, known technically as the thirteenth, regularly assembled after the restoration of Charles II. References. — Text in Statutes of the Realm, V., 246-250. The act is cited as 12 Car. II., c. 18. On the history and effects of the Navigation Acts, as touching America, see Beer's Commercial Policy of England towards the American Colonies, in Columbia Coll. Studies, III., No. ^. An Act for the Encourageing and increasing of Shipping and Navigation. [I.] For the increase of Shiping and incouragement of the Navigation of this Nation, wherin under the good providence and protection of God the Wealth Safety and Strength of this Kingdome is soe much concerned Bee it Enacted . . . That from and after . . [December 1, 1660] . . . , and from thence forward noe Goods or Commodities whatsoever shall be Im ported into or Exported out of any Lands Islelands Plantations or Territories to his Majesty belonging or in his possession or which may hereafter belong unto or be in the possession of His Majesty His Heires and Successors in Asia Africa or America in any other Ship or Ships Vessell or Vessells whatsoever but in such Ships or Vessells as doe truely and without fraude belong onely to the people of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede, or are of the built of, and be longing to any of the said Lands Islands Plantations or Terri tories as the Proprietors and right Owners therof and wherof the Master and three fourthes of the Marriners at least are Eng lish 1 under the penalty of the Forfeiture and Losse of all the 1 Question having arisen in regard to the definition of English built ships and English mariners in this act, these terms were further defined by an act of 1662, 14 Car. It., c. n, sect. 5: "And that noForreign built Ship (that is to say) not built in any of His Majesties Dominions of Asia Africa or America or other then such as shall (bona fide) be bought before . [October i, 1662,] . . . 1660] FIRST NAVIGATION ACT 57 Goods and Commodityes which shall be Imported into, or Ex ported out of, any the aforesaid places in any other Ship or Ves sell, as alsoe of the Ship or Vessell with all its Guns Furniture Tackle Ammunition and Apparell. . . . 5JC ^ *P *t* *1* *K *P *!• [IIL] And it is further Enacted . . . that noe Goods or Com modityes whatsoever of the growth production or manufacture of Africa Asia or America or of any part thereof ... be Imported into England Ireland or Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede in any other Ship or Ships Vessell or Vessels whatsoever, but in such as doe truely and without fraude belong onely to the people of England or Ireland, Dominion of Wales or Towne of Berwicke upon Tweede or of the Lands Islands Plantations or Territories in Asia Africa or America to his Majesty belonging as the proprietors and right owners therof, and wherof the Master and three fourthes at least of the Mariners are English under the penalty of the forfeiture of all such Goods and Commodityes, and of the Ship or Vessell in which they were Imported with all her Guns Tackle Furni ture Ammunition and Apparell. . . . [IV.] And it is further Enacted . . . that noe Goods or Com modityes that are of forraigne growth production or manufacture and which are to be brought into England Ireland Wales, the Islands of Guernsey & Jersey or Towne of Berwicke upon Tweede in English built shiping, or other sniping belonging to some of the aforesaid places, and navigated by English Mariners as abovesaid shall be shiped or brought from any other place or Places, Country or Countries but onely from those of their said Growth Production or Manufacture, or from those Ports where the said Goods and Commodityes can onely or are or usually have beene first shiped for transportation and from none other Places or Countryes under the penalty of the forfeiture of all such of the aforesaid Goods as shall be Imported from any other place next ensuing and expresly named in the said List shall enjoye the priviledge of a Ship belonging to England or Ireland although owned or manned by English (except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal and Condemnation made in the Court of Admiralty as lawfull Prize) but all such Ships shall be deemed as Aliens Ships . it is to be understood that any of His Majesties Subjects of England Ireland and His Plantations are to bee accounted English and no others. ..." — Ed. 58 FIRST NAVIGATION ACT [166a or Country contrary to the true intent and meaning hereof, as alsoe of the ship in which they were imported with all her Guns Furniture Ammunition Tackle and Apparel. . . . [VL] [Foreign vessels excluded from the English coasting trade.] [VIII.] And it is further Enacted . . . That noe Goods or Commodityes of the Growth Production or Manufacture of Mus covy or of any the Countryes ... to the Great Duke or Em- porer of Muscovia or Russia belonging, As alsoe that noe sorts of Masts Timber or boards noe forraigne Salt Pitch Tar Rozin Hempe or Flax Raizins Figs Prunes Olive Oyles noe [sort '] of Corne or Graine Sugar Pot-ashes Wines Vinegar or Spirits called Aqua-vite or Brandy Wine shall from and after . . [April i, 1661] ... be imported into England Ireland Wales or Towne of Berwicke upon Tweede in any Ship or Ships Vessel or Vessels whatsoever but in such as doe truely and without fraude belong to the people therof or of some of them as the true Owners and proprietors therof, and wherof the Master and Three Fourths of the Mariners at least are English, and that noe Currants, nor Commodityes of the growth production or Manufacture of any the Countryes . . to the Othoman or Turkish Empire belong ing shall from and after . . [September 1, 1661] ... be im ported into any the forementioned places in any Ship or Vessel, but which is of English built and navigated as aforesaid and in noe other, except onely such forraigne ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively, or of such Port where the said Goods can onely be or most usually are first shiped for transportation, and wherof the Master and three Fourths of the Mariners at least are of the said Country [and 2] place under the penalty and forfeiture of Ship and Goods. . . . ******* * [XVIII.] And it is further Enacted . . That from and after [April 1, 1 661] . . . noe Sugars Tobaccho Cotton Wool In- dicoes Ginger Fustick or other dyeing wood of the Growth Pro- 1 sorts in the original Ms. 2 or in the original Ms. 1660] FIRST NAVIGATION ACT 59 duction or Manufacture of any English Plantations in America Asia or Africa shall be shiped carryed conveyed or transported from any of the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such [ *] English Plantations as doe belong to His Majesty ... or to the Kingdome of England or Ireland or Principallity of Wales or Towne of Berwicke upon Tweede there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof, as alsoe of the Ship with all her Guns Tackle Apparel Ammunition and Furniture. . . . [XIX.] And be it further Enacted . . . That for every Ship or Vessel which from and after . . [December 25, 1660] . . . shall set saile out of, or from England Ireland Wales or Towne of Ber wicke upon Tweede for any English Plantation in America Asia [or] Africa sufficient bond shall be given with one surety to the cheife Officers of the Custome house, of such Port or place from whence the said Ship shall set saile . . . That in case the said Ship or Vessel shall loade any of the said Commodityes at any of the said English Plantations, that the same Commodityes shall be by the said ship brought to some Port of England Ireland Wales, or to the Port or Towne of Berwicke upon Tweede and shall there unload and put on shore the same, the danger of the Seas onely excepted, And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permited to trade there, that the Governour of such English plantation shall before the said Ship or Vessel be per mited to loade on board any of the said Commodityes take Bond in manner and to the value aforesaid for each respective Ship or Vessel, That such Ship or Vessell shall carry all the aforesaid Goods that shall be laden on board in the said ship to some other of His Majestyes English Plantations, or to England Ire land Wales or Towne of Berwicke upon Tweede . . . [undei penalty of forfeiture of the vessel, &c.]. . . . 1 The Ms. inserts other. 60 CHARTER OF CONNECTICUT [April 23/May 3 No. 16. Charter of Connecticut April 23/May 3, 1662 In May, 1661, the General Court of Connecticut appointed a committee to prepare a petition for a royal charter. Governor Winthrop, to whom the nego tiations were intrusted, had the influential support of Lord Say and Sele and the Earl of Manchester; and in April, 1662, the charter was granted. The boundaries, as defined by the charter, included New Haven. The delay of the latter colony in proclaiming Charles IL, and its tender treatment of the regicides, had brought it into disfavor with the king; and it now, under the lead of Davenport, resisted annexation and appealed' to the Commissioners of the United Colonies. But the conquest of New Netherland by the English, in 1664, and the grant to the Duke of York of territory as far east as the Connecticut River, hastened submission; and in December of the latter year a committee was appointed to arrange for the union. A quo warranto was issued against the Connecticut charter in 1684, but judgment was not en tered. When Andros demanded the charter, in 1687, it was secreted, and remained hidden until 1689, when, upon the deposition of Andros, govern ment under the charter was resumed. The State constitution of 1776 con tinued the charter in force, with a few changes, and it remained the funda mental law of Connecticut until the adoption of a new constitution in 1818. References. — Text in Connecticut Colonial Records, II. , 3— n. Win throp's instructions, the address to the King, and the letter to the Earl of Manchester, are in ib., I., 579-585. For the proceedings in New Haven, see the New Haven Colonial Records, 1653-1665, passim. Charles the Secottt), [ &c] Whereas ... We have byn in formed by the humble Petition of our Trusty and welbeloved John Winthrop, John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolicot, John Talcott, Daniell Clerke, John Ogden, Thomas Wells, Obedias Brewen, John Clerke, Anthony Haukins, John Deming, and Mathew Camfeild, being .Persons Principally interested in our Colony or Plantation of Conecticutt in New England, that the same Colony or the greatest parte thereof was purchased and obteyned for greate and valu able considerations, And some other parte thereof gained by Con quest and with much difficulty, and att the onely endeavours, expence and Charge of them and their Associates, and those under whome they Clayme, Subdued and improved, and thereby become a considerable enlargement and addition of our Do- 1662] CHARTER OF CONNECTICUT 61 minions and interest there, — Now Know yea, that . . . wee ... by theis presents . . . Doe Ordeine, Constitute and De clare That they, the said John Winthrop . . . [and others] . . . , and all such others as now are or hereafter shall bee Admitted and made free of the Company and Society of our Collony of Conecticut in America, shall . . . bee one Body Corporate and Pollitique in fact and name, by the Name of Governour and Company of the English Collony of Conecticut in New England in America; . . . And further, wee . . . Doe Declare . . . that for the better ordering and managelng of the affaires and busi nesse of the said Company and their Successors, there shall be one Governour, one Deputy Governour and Twelve Assistants, to bee from tyme to tyme Constituted, Elected and Chosen out of the Freemen of the said Company for the tyme being, in such manner and forme as hereafter in these presents is expressed; which said Officers shall apply themselves to take care for the best disposeing and Ordering of the Generali busines and affaires of and concerning the lands and hereditaments herein after mentioned to bee graunted, and the Plantation thereof and the Government of the People thereof. And . . . Wee doe . . ap point the aforesaid John Winthrop to bee the first and present Governour of the said Company; And the said John Mason to bee the Deputy Governour; And the said Samuell Willis, Mathew Allen, Nathan Gold, Henry Clerke, Richard Treat, John Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcot, Richard Lord and Daniell Clerke to bee the Twelve present Assistants of the said Company ; . . . And further, wee . . . Doe Ordaine . . . that the Governour of the said Company for the tyme being, or, in his absence by occasion of sicknes, or other wise by his leave or permission, the Deputy Governour . . . , shall and may . . . give Order for the assembling of the said Company and calling them together to Consult and advise of the businesse and Affaires of the said Company, And that for ever hereafter, Twice in every yeare, (That is to say,) on every second Thursday in October and on every second Thursday in May, or oftener, in Case it shall be requisite, The Assistants and freemen of the said Company, or such of them (not exceeding twoe Persons from each place, Towne or Citty) whoe shall bee from tyme to tyme thereunto Elected or Deputed by the major 62 CHARTER OF CONNECTICUT [April 23/May 3 parte of the freemen of the respective Townes, Cittyes and Places for which they shall bee soe elected or Deputed, shall have a generali meeting or Assembly, then and their to Consult and advise in and about the Affaires and businesse of the said Com pany; And that the Governour, or . Deputy Governour . . ., and such of the Assistants and freemen of the said Company as shall be soe Elected or Deputed and bee present att such meeting or Assembly, or the greatest number of them, whereof the Gov ernour or Deputy Governour and Six of the Assistants, at least, to bee Seaven, shall be called the Generali Assembly, and shall have full power and authority to alter and change their dayes and tymes of meeting or Generali Assemblies for Electing the Gov ernour, Deputy Governour and Assistants or other Officers, or any other Courts, Assemblies or meetings, and to Choose, Nomi nate and appoint such and soe many other Persons as they shall thinke fitt and shall bee willing to accept the same, to bee free of the said Company and Body Politique, and them into the same to Admitt and to Elect, and Constitute such Officers as they shall thinke fitt and requisite for the Ordering, mannageing and dis poseing of the Affaires of the said Governour and Company and their Successors. And wee doe hereby . . Ordeine, that once in the yeare . . , namely, the said Second Thursday in May, the Governour, Deputy Governour and Assistants of the said Company and other Officers of the said Company, or such of them as the said Generali Assembly shall thinke fitt, shall bee, in the said Generali Court and Assembly to bee held from that day or tyme, newly Chosen for the yeare ensuing, by such greater part of the said Company for the tyme being then and there present. . . . And Knowe yee further, That Wee . . . Doe . . . Graunt . . . unto the said Governor and Company and their Successors, All that parte of our Dominions in Newe Eng land in America bounded on the East by Norrogancett River, comonly called Norrogancett Bay, where the said River falleth into the Sea, and on the North by the lyne of the Massachusetts Plantation, and on the South by the Sea, and in longitude as the lyne of the Massachusetts Colony, runinge from East to West, (that is to say,) from the said Narrogancett Bay on the East to the South Sea on the West parte, with the Islands thereunto adjoyneinge. . . . 1662/3] FIRST CHARTER OF CAROLINA 63 No. 17. First Charter of Carolina March 24/April 3, 1662/3 The region later known as Carolina had been included in the original Virginia grant of 1606; but no permanent settlements had been made, and on the revocation of the third Virginia charter, in 1624, the territory became subject to the disposal of the Crown. In 1629, Sir Robert Heath, then attor ney-general, received from Charles I. a grant of the region south of Vir ginia, between 31° and 36° north latitude, under the name of Carolana; but no use was made of the grant, and no further attempt was made to de velop the country until the grant of a charter to Clarendon and his associates, in March, 1662/3. An order in council of Aug. 12/22, 1663, declared the Heath patent void for non-user; but claims under it continued to be urged until 1768, when the descendants of Daniel Coxe, of New Jersey, to whom the patent had been transferred in 1696, received from the Crown a grant of 100,000 acres of land in New York in satisfaction of their claim. References. — Text in Statutes at Large of South Carolina (Cooper's ed., 1836), I., 22-31. The Heath grant is in Colonial Records of North Carolina, I., 1—13. For the documentary sources see, beside the Records, Carroll's Historical Collections of South Carolina; Sainsbury's Calendar of State Papers, Colonial, V., VI. On the early history of South Carolina, Mc Crady's History of South Carolina under the Proprietary Government is of prime importance. CHARLES THE SECOND, [&c.]. . . . ist. Whereas our right trusty, and right well beloved Cousins and Counsellors, Edward, Earl of Clarendon, our high Chan cellor of England, and George, Duke of Albemarle, Master of our horse and Captain General of all our Forces, our right trusty and well beloved William Lord Craven, John Lord Berkley, our right trusty and well beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, Sir George Carteret, Knt. and Baronet, Vice Chamberlain of our household, and our trusty and well beloved Sir William Berkley, Knt. and Sir John Colleton, Knight and Baronet, . . . have humbly besought leave of us by their industry and charge, to transport and make an ample Colony of our subjects, natives of our Kingdom of England, and else where within our Dominions, unto a certain country hereafter described, in the parts of America not yet cultivated or planted, and only inhabited by some barbarous people, who have no knowledge of Almighty God. 64 FIRST CHARTER OF CAROLINA [March 24/April 3 2d. And whereas the said Edward, Earl of Clarendon . . . [and others] . . have humbly besought us to . . . grant . . . unto them and their heirs, the said country, with Priviledges and Jurisdictions requisite for the good government and safety thereof : Know ye, therefore, that we, favouring the pious and noble pur pose of. the said Edward Earl of Clarendon . . . [and others] ... by this our present Charter ... do Give, Grant and Con firm unto the said Edward Earl of Clarendon . . . [and others] ... all that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the North end of the Island called Lucke-Island, which lieth in the Southern Virginia Seas, and within six and thirty degres of the Northern Latitude, and to the West as far as the South Seas, and so Southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of Northern Latitude, and so west in a direct line as far as the South seas aforesaid. . . . 3d. And furthermore, the Patronage and Advowsons of all the Churches and Chapels, which as Christian Religion shall increase within the Country . . shall happen hereafter to be erected, together with license and power to build and found Churches, Chappels and Oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated according to the Ecclesiastical laws of our Kingdom of England, together with all and singular the like, and as ample Rights, Jurisdictions, Priviledges, Prerogatives, Royalties, Liber ties, Immunities and Franchises of what kind soever, within the Countries, Isles, Islets, and Limits aforesaid. 4th. To have, use, exercise and enjoy, and in as ample manner as any Bishop of Durham in our Kingdom of England, ever here tofore have held, used or enjoyed, or of right ought or could have, use, or enjoy. And them, the said Edward Earl of Claren don . . . [and others] . . . their heirs and assigns, We do by these Presents . . constitute, the true and Absolute Lords Proprie tors of the Country aforesaid, and of all other the premises; saving always the faith, allegiance and sovereign dominion due to us . . . for the same, and saving also the right, title, and interest of all and every our subjects of the English nation, which are now planted within the limits and bounds aforesaid, (if any 1662/3] FIRST CHARTER OF CAROLINA 65 be), . . . yielding and paying yearly to us . . . for the same, the yearly rent of twenty marks of lawful money of England . . . and also the fourth part of all gold or silver ore, which, within the limits aforesaid, shall from time to time happen to be found. 5th. And that the country, thus by us granted and described, may be dignified by us with as large Titles and Priviledges as any other part of our Dominions and territories in that region, Know ye, that we . . . do . . . erect, incorporate and ordain the same into a Province, and call it the Province of Carolina. [The pro prietors may make laws with the assent of the freemen.] 6th. [The proprietors may make ordinances ;] so as such Ordi nances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our Kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any person or persons, in their freehold, goods or chattels whatsoever. 9th. Provided nevertheless, . . . and we ... by these pres ents ... do give and grant unto the said Edward Earl of Claren don . . . [and others] .... full and free license, liberty, and authority, at any time or times, from and after the feast of St. Michael the Arch-Angel . . . [1667] ... as well to import, and bring into any of our Dominions from the said Province of Carolina, or any part thereof, the several goods and commodities, hereinafter mentioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl, and olives, without paying or answering to us . . . any custom, import, or other duty, for and in respect thereof for and during the term and space of seven years, to commence and be accompted, from and after the first importation of four tons of any the said goods, in any one bot tom, ship or vessel from the said Province, into any of our Dominions; as also to export and carry out of any of our Do minions, into the said Province of Carolina, custom free, all sorts of tools which shall be usefull or necessary for the planters there, in the accommodation and improvement of the premises, any thing before, in these presents contained, or any law, act, statute, prohibition, or other matter ... to the contrary, in any wise notwithstanding. ******** 66 CHARTER OF RHODE ISLAND [July 8/18 18th. And because it may happen that some of the people and inhabitants of the said Province, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy form and ceremonies of the Church of England, or take and subscribe the oath and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope, be no breach of the unity and uni formity established in this nation ; ... we do . . grant unto the said Edward, Earl of Clarendon . . . [and others] . . . full and free license, liberty and authority, by such legal ways and means as they shall think fit, to give and grant unto such person or per sons, inhabiting and being within the said Province, or any part thereof, who really in their judgments, and for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and re strictions as they . . shall in their discretion think fit and reasonable; and with this express proviso, and limitation also, that such person and persons, to whom such indulgencies and dispensations shall be granted as aforesaid, do and shall, from time to time declare and continue, all fidelity, loyalty and obedi ence to us, our heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said Province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms, and ceremonies, or any thing relating thereunto, or any person or persons whatso ever, for or in respect of his or their use or exercise thereof, or his or their obedience and conformity, thereunto. ******** No. 18. Charter of Rhode Island and Providence Plantations July 8/18, 1663 In January, 1661, John Clarke, sometime agent for Rhode Island in Eng land, presented a petition for a royal charter for that colony. The prompt- 1663] CHARTER OF RHODE ISLAND 67 ness of Rhode Island in proclaiming Charles II. , and the willingness of the king to restrain the ambitions of Massachusetts, caused the petition to be favorably regarded. The charter of Connecticut, however, in 1662, in cluded within the limits of that colony certain territory on Narragansett Bay long in dispute between Massachusetts and Rhode Island, and now held by the Atherton Company, a land-speculating organization of which Winthrop was a member. An effort on the part of Rhode Island, in 1660, to come to terms with this company had been unsuccessful. Clarke entered a protest against the Connecticut grant; but, by agreement with Winthrop, the con troversy was presently referred to arbitrators. The decision, in April, 1663, was favorable to Rhode Island, and in July the charter was issued. With the exception of the brief period of Andros' s administration, 1 686-1 689, during which the government was carried on by the towns, the charter con tinued to be the fundamental law of Rhode Island until the adoption of a State constitution in 1842. References. — Text in Rhode Island Colonial Records, II. , 3-21. Charles the Second, [ &c] . . . : HSJhereas toee have been in formed, by the humble petition of our trustie and well beloved subject, John Clarke, on the behalfe of Benjamine Arnold, Wil liam Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuell Groton, John Weeks, Roger Williams, Thomas Olnie, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, Samuell Wildbore, William Ffield, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and ffree inhabitants of our island, called 3fthatje-lslanti, and the rest of the colonie of Providence Plantations, in the Narragansett Bay, in New-England, in America, that they, pursueing, with peaceable and loyall mindes, their sober, serious and religious intentions, of godlie edifieing themselves, and one another, in the holie Christian ffaith and worshipp as they were perswaded: together with the gaineing over and conversione of the poore ignorant Indian natives, in those partes of America, to the sincere professione and obedienc of the same ffaith and worship, did, not onlie by the consent and good encouragement of our royall progenitors, transport themselves out of this kingdome of Eng land into America, but alsoe, since their arrivall there, after their first settlement amongst other our subjects in those parts, ffor the avoideing of discorde, and those manie evills which were likely to ensue upon some of those oure subjects not beinge able to beare, in these remote partes, theire different apprehensiones 68 CHARTER OF RHODE ISLAND [July 8/ [8 in religious concernments, and in pursueance of the afforesayd ends, did once againe leave theire desireable stationes and habi- tationes, and with excessive labor and travell, hazard and charge, did transplant themselves into the middest of the Indian natives, who, as wee are infformed, are the most potent princes and people of all that country; where, by the good Providence of God, from whome the Plantationes have taken their name, upon theire labour and industrie, they have not onlie byn preserved to ad miration, but have increased and prospered, and are seized and possessed, by purchase and consent of the said natives, to their ffull content, of such lands, islands, rivers, harbours and roades, as are verie convenient, both for plantationes and alsoe for build inge of shipps, suplye of pype-staves, and other merchandize; and which lyes verie commodious, in manie respects, for com merce, and to accommodate oure southern plantationes, and may much advance the trade of this oure realme, and greatlie enlarge the territories thereof; they haveinge, by neare neighbourhoode to and friendlie societie with the greate bodie of the Narragansett Indians, given them encouragement, of theire owne accorde, to subject themselves, theire people and landes, unto us; whereby, as is hoped, there may, in due tyme, by the blessing of God upon theire endeavours, bee layd a sure ffoundation of happinesse to all America : 2lno fnhereag, in theire humble addresse, they have ffreely declared, that it is much on their hearts (if they may be permitted), to hold forth a livelie experiment, that a most flour ishing civill state may stand and best bee maintained, and that among our English subjects, with a full libertie in religious con- cernements; and that true pietye rightly grounded upon gospell principles, will give the best and greatest security to sover- eignetye, and will lay in the hearts of men the strongest obliga tions to true loyaltye : Worn knofo gee, that wee beinge willinge to encourage the hopefull undertakeinge of oure sayd loyall and loveinge subjects, and to secure them in the free exercise and enjoyment of all theire civill and religious rights, appertaining to them, as our loveing subjects ; and to preserve unto them that libertye, in the true Christian ffaith and worshipp of God, which they have sought with soe much travaill, and with peaceable myndes, and loyall subjectione to our royall progenitors and our selves, to enjoye; and because some of the people and inhab- 1663] CHARTER OF RHODE ISLAND 69 itants of the same colonie cannot, in theire private opinions, conforme to the publique exercise of religion, according to the litturgy, formes and ceremonyes of the Church of England, or take or subscribe the oaths and articles made and established in that behalfe ; and for that the same, by reason of the remote dis tances of those places, will (as wee hope) bee noe breach of the unitie and unifformitie established in this nation: . . . doe hereby . . . declare, That our royall will and pleasure is, that noe person within the sayd colonye, at any tyme hereafter, shall bee any wise molested, punished, disquieted, or called in question, for any differences in opinione in matters of religion, and doe not actually disturb the civill peace of our sayd colony; but that all and everye person and persons may, from tyme to tyme, and at all tymes hereafter, freelye and fullye have and enjoye his and theire owne judgments and consciences, in matters of religious concernments, throughout the tract of lande hereafter mentioned ; they behaving themselves peaceablie and quietlie, and not useing this libertie to lycentiousnesse and profanenesse, nor to the civill injurye or outward disturbeance of others; any lawe, statute, or clause, therein contayned, or to bee contayned, usage or custome of this realme, to the contrary hereof, in any wise, notwithstanding. And that they may bee in the better capacity to defend them selves, in theire just rights and libertyes against all the enemies of the Christian ffaith, and others, in all respects, wee . . . further . . . declare, That they shall have and enjoye the benefitt of our late act of indempnity and ffree pardon, as the rest of our sub jects in other our dominions and territoryes have; and to create and make them a bodye politique or corporate, with the powers and priviledges hereinafter mentioned. And accordingely . . . faee . . . doe ordeyne, constitute and declare, That they, the sayd William Brenton . . . [and others] . . and all such others as now are, or hereafter shall bee 'admitted and made ffree of the company and societie of our collonie of Providence Plantations, in the Narragansett Bay, in New-England, shall bee, from tyme to tyme, and forever hereafter, a bodie corporate and politique, ... by the name of Che (go&etnor anti Compang of the English Collonie of 3ftftooe-f slano ano probioence plantations, in Hefa- lEnglano, in America. . . . lino further, wee ... doe declare . . . that . . . there shall bee one Governour, one Deputie- 70 CHARTER OF RHODE ISLAND [July 8/18 Governour and ten Assistants, to bee from tyme to tyme . . chosen, out of the freemen of the sayd Company, for the tyme beinge, in such manner and fforme as is hereafter in these presents expressed; . . Slnb . . wee doe . . . apoynt the aforesayd Benedict Arnold to bee the first and present Governor of the sayd Company, and the sayd William Brenton to bee the Deputy- Governor, and the sayd William Boulston, John Porter, Roger Williams, Thomas Olnie, John Smith, John Greene, John Coge- shall, James Barker, William Ffeild, and Joseph Clarke, to bee the tenn present Assistants of the sayd Companye. . . . 2ln0 further, wee . . doe ordeyne . . . that the Governor of the sayd Company, for the tyme being, or, in his absence, . . . the Deputy-Governor, . . , shall and may, ffrom tyme to tyme, upon all occasions, give order ffor the assemblinge of the sayd Company, and callinge them together, to consult and advise of the businesse and affaires of the sayd Company. 3n0 that forever hereafter, twice in every year, that is to say, on every first Wednesday in the moneth of May, and on every last Wednesday in October, or oftener, in case it shall bee requisite, the Assistants, and such of the ffreemen of the Company, not exceedinge six persons fifcr Newport, ffoure persons ffor each of the respective townes of Providence, Portsmouth and Warwicke, and two persons for each other place, towne or city, whoe shall bee, from tyme to tyme, thereunto elected or deputed by the majour parte of the ffreemen of the respective townes or places ffor which they shall bee so elected or deputed, shall have a generali meetinge, or Assembly then and there to consult, advise and determine, in and about the affaires and businesse of the said Company and Plantations. 'EnD further, wee doe . . . graunt unto the sayd Governour and Company . . . that the Governour ... [or Deputy-Governor] . . . , the Assistants, and such of the ffreemen of the sayd Company as shall bee soe as aforesayd elected or deputed, or soe many of them as shall bee present att such meetinge or assemblye, as afforesayde, shall bee called the Generali Assemblye; and that they, or the greatest parte of them present, whereof the Governour or Deputy-Governour, and sixe of the Assistants, at least to bee seven, shall have . . . ffull power [and] authority ... to apoynt, alter and change, such dayes, tymes and places of meetinge and Generali Assemblye, as theye shall thinke ffitt ; Snb further . . . 1663] CHARTER OF RHODE ISLAND 71 wee doe . . . ordeyne, that yearelie, . . . the aforesayd Wednes day in May, and at the towne of Newport, or elsewhere, if urgent occasion doe require, the Governour, Deputy-Governour and Assistants of the sayd Company, and other officers of the sayd Company, or such of them as the Generali Assemblye shall thinke ffitt, shall bee, in the sayd Generali Court or Assembly to bee held from that daye or tyme, newly chosen for the year ensueing, by such greater part of the sayd Company, for the tyme beinge, as shall bee then and there present; . . . Neverthelesse, our will and pleasure is, and wee doe hereby declare to the rest of oure Collonies in New-England, that itt shall not bee lawefull ffor this our sayd Collony ... to invade the natives inhabiting within the boundes and limitts of theire sayd Collonies without the knowledge and consent of the sayd other Collonies. And itt is hereby declared, that itt shall not bee lawfull to or ffor the rest of the Collonies to invade or molest the native Indians, or any other inhabitants, inhabiting within the bounds and lymitts here after mentioned (they having subjected themselves unto us, and being by us taken into our speciali protection), without the know ledge and consent of the Governour and Company of our Collony of Rhode-Island and Providence Plantations. . And ffurther, know ye, that wee . . . doe give, graunt and confirme, unto the sayd Governour and Company,, and theire successours, all that parte of our dominiones in New-England, in America, conteyneing the Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and soe along the sayd river, as the greater or middle streame thereof reacheth or lyes vpp into the north countrye, northward, unto the head thereof, and from thence, by a streight lyne drawne due north, untill itt . meets with the south lyne of the Massachusetts Collonie; and on the north, or northerly, by the aforesayd south or southerly lyne of the Massachusetts Collony or Plantation, and extending towards the east, or eastwardly, three English miles to the east and north-east of the most eastern and north-eastern parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth itself from the ocean on the south, or southwardly, unto the mouth of the river which runneth towards the towne of Provi- 72 SECOND NAVIGATION ACT July 8/18 dence, and from thence along the eastwardly side or banke of the sayd river (higher called by the name of Seacunck river), up to the ffals called Patuckett ffalls, being the most westwardly lyne of Plymouth Collony, and soe from the sayd ffalls, in a streight lyne, due north, untill itt meete with the aforesayd lyne of the Massachusetts Collony; and bounded on the south by the ocean: and, in particular, the lands belonging to the townes of Provi dence, Pawtuxet, Warwicke, Misquammacok, alias Pawcatuck, and the rest upon the maine land in the tract aforesaid, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansett Bay, and bordering upon the coast of the tract aforesayd (Ffisher's Island only excepted), . . . any graunt, or clause in a late graunt, to the Governour and Company of Connecticutt Collony, in America, to the contrary thereof in any wise notwithstanding; . . . *Enti further, our will and pleasure is, that in all matters of publique controversy which may fall out betweene our Collony of Providence Plantations, and the rest of our Collonies in New-England, itt shall and may bee law- full to and for the Governour and Company of the sayd Collony of Providence Plantations to make their appeals therein to us . . . , for redresse in such cases, within this our realme of England : and that itt shall be lawfull to and for the inhabitants of the sayd Collony . . . , without let or molestation, to passe and repasse with freedome, into and through the rest of the English Collonies, upon their lawfull and civill occasions, and to converse, and hold commerce and trade, with such of the inhabitants of our other English Collonies as shall bee willing to admitt them thereunto, they behaveing themselves peaceably among them. . . . No. 19. Second Navigation Act 1663 The Navigation Act of 1660 had assured to English vessels a monopoly of the carrying trade between the colonies and England; but English vessels might still trade, except in certain "enumerated articles," directly between colonial and foreign ports. The act of 1663 aimed to benefit the merchants as well as the shipowners, by securing to English merchants the control of the colonial import trade. 1663] SECOND NAVIGATION ACT 73 References. — Text in Statutes cf the Realm, V., 449-452. The act is cited as 15 Car. II. , c. 7. An Act for the Encouragement of Trade. [IV.] And in reguard His Majesties Plantations beyond the Seas are inhabited and peopled by His Subjects of this His King- dome of England, For the maintaining a greater correspondence and kindnesse betweene them and keepeing them in a firmer dependence upon it, and rendring them yet more beneficiall and advantagious unto it in the farther Imployment and Encrease of English Shipping and Seamen, vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheape, and makeing this King- dome a Staple not onely of the Commodities of those Plantations but alsoe of the Commodities of other Countryes and Places for the supplying of them, and it being the usage of other Nations to keepe their [Plantations *] Trade to themselves, Be it enacted . . . That from and after . . . [March 25, 1664,] . . . noe Commoditie of the Growth Production or Manufacture of Europe shall be imported into any Land Island Plantation Colony Terri tory or Place to His Majestie belonging, or which shall [belong hereafter 2] unto, or be in the Possession of His Majestie . . . in Asia Africa or America (Tangier onely excepted) but what shall be bona fide and without fraude laden and shipped in England Wales [and 3] the Towne of Berwicke upon Tweede and in English built Shipping, or which were bona fide bought before . . . [October 1, 1662,] . . . and had such Certificate thereof as is directed . . . [by the explanatory Navigation Act of 1662,] . . . and whereof the Master and three Fourthes of the Marriners at least are English, and which shall be carryed directly thence to the said Lands Islands Plantations Colonyes Territories or Places, and from noe other place or places whatsoever Any Law Statute or Usage to the contrary notwithstanding, under the Penaltie of the losse of all such Commodities of the Growth Pro duction or Manufacture of Europe as shall be imported into any of them from any other Place whatsoever by Land or Water, 1 Plantation in the original Ms. 2 Hereafter belong in the original Ms. 3 The original Ms. has or. 74 GRANT TO THE DUKE OF YORK [March 12/22 and if by Water, of the Ship, or Vessell alsoe in which they were imported with all her Guns Tackle Furniture Ammunition and Apparell. [V.] Provided alwayes . . . That it shall and may be lawfull to shipp and lade in such Shipps, and soe navigated as in the foregoeing Clause is sett downe and expressed in any part of Europe Salt for the Fisheries of New England and New found land, and to shipp and lade in the Medera's Wines of the Growth thereof, and to shipp and lade in the Westerne Islands or Azores Wines of the Growth of the said Islands, and to shipp [or *] take in Servants or Horses in Scotland or Ireland, and to shipp or lade in Scotland all sorts of Victuall of the Growth or Produc tion of Scotland, and to shipp or lade in Ireland all sortes of Victuall of the Growth or Production of Ireland, and the same to transport into any of the said Lands Islands Plantations Colo- nyes Territories or Places, Any thing in the foregoing Clause in the contrary in any wise notwithstanding. [VIL] And it is hereby further enacted That if any Officer of the Customes in England Wales or Towne of Berwicke upon Tweede shall give any Warrant for or suffer any Sugar, Tobaccho, Ginger, Cotton, Wooll, Indico Speckle Wood or Jamaica Wood Fusticke or other Dying Wood of the growth of any of the said Lands Islands Colonyes Plantations Territories or Places to be carryed into any other Country or Place whatsoever untill they have beene first unladen bona fide and putt on shore in some Port or Haven in England or Wales or in the Towne of Berwicke, that every such Officer for such Offence shall forfeite his place and the value of such of the said Goods as he shall give Warrant for or suffer to passe into any other Country or Place. . . . No. 20. Grant to the Duke of York March 12/22, 1663/4 The province of New Netherland, granted to the Duke of York, brother of Charles IL, in March, 1663/4, was not surrendered to the English until the 1 And in the original Ms. 1663/4] GRANT TO THE DUKE OF YORK 75 following August. By the treaty of Breda, in 1667, the English occupation was confirmed. On the renewal of the war between England and the United Netherlands, in March, 1672/73, New York was retaken by the Dutch, and a general act of confiscation was passed, including in its scope property of the King and of the Duke of York; but the treaty of Westminster, in 1674, providing for a mutual restoration of concmests, reestablished the English control. To remove any doubt as to the validity of the grant of 1664, and other grants made under it, due to the temporary occupation by the Dutch, a second grant was made June 29/ July 9, 1674, in terms only verbally different from the first. References. — Text in Documents relating to the Colonial History of New York, II. , 295-298. On the English conquest, see Sainsbury's Calendar of State Papers, Colonial, V. The so-called "Duke of York's Laws," 1676- 1682, have been reprinted by the State of Pennsylvania (Harrisburg, 1879), in a volume containing also the charter and early laws of Pennsylvania. CHARLES the Second, . [&c] . . . Know ye that we . . . Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New Scotland in America and from thence extending along the Sea Coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the furthest head of the same as it tendeth Northwards and extending from thence to the River Kinebequi and so Upwards by the Shortest course to the River Canada Northward And also all that Island or Islands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod and the Narrow Higansetts abut ting upon the main land between the two Rivers there called or known by the several names of Connecticut and Hudsons River together also with the said River called Hudsons River and all the Land from the West side of Connecticut to the East side of Delaware Bay and also all those several Islands called or known by the Names of Martin's Vinyard and Nantukes otherwise Nan- tuckett. . . . And the said James Duke of York doth . . covenant and promise to yield and render unto us . . of and for the same yearly forty Beaver skins when they shall be demanded or within Ninety days after And We do further . Grant unto . . James Duke of York his Heirs, Deputies, Agents, Commissioners and Assigns by these presents full and 76 SECOND CHARTER OF CAROLINA [June 30/JuIy 10 absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us . . . who may from time to time adventure themselves into any the parts or places afore said or that shall or do at any time hereafter inhabit within the same according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established ... So always as the said Statutes Ordi nances and proceedings be not contrary to but as near as con veniently may be agreeable to the Laws, Statutes & Government of this Our Realm of England And saving and reserving to us . . . the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given And further that it shall . . . be lawful . . . for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or names stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and singular Governors, Officers and Minis ters which hereafter shall be by him or them thought fit and need ful to be made or used within the aforesaid parts and Islands And also to make, ordain and establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Govern ment and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto. . . . No. 21. Second Charter of Carolina June 30/July 10, 1665 Although the Heath grant of 1629 had been declared void by an order in council, it had not been judicially annulled; and it was, apparently, to quiet the title to the province, as well as to enlarge the boundaries, that the second Carolina charter was obtained. With the exception of the definition of boun daries, given in the extract following, the provisions of the two charters are similar. The proprietary government under the charter continued, with 1665] SECOND CHARTER OF CAROLINA 77 many vicissitudes, until 1719, when it was overthrown; but the proprietors maintained their ownership until 1729, when the title of seven-eighths of the colony was purchased by the Crown. The proprietor of the remaining one- eighth, Lord Carteret, exchanged his portion in 1743 for a narrow strip of land between 35° 34' north latitude and the southern boundary of Virginia, which he retained until the Revolution. During most of the proprietary period the northern and southern colonies enjoyed separate governments, although the province was held as a unit; but with the purchase of the proprietary title by the Crown, in 1729, North and South Carolina became separate royal provinces, and so continued until the adoption of State consti tutions in 1776. References. — Text in Statutes at Large of South Carolina (Cooper's ed., 1836), I., 31-40. CHARLES the Second, . . . [&c] . . . WHEREAS, by our Letters Patents, bearing date . . . [March 24, 1663,] . . . We were graciously pleased to grant unto . . . Edward Earl of Clar endon, our High Chancellor of England . . . [and others] . . . all that province . . . called Carolina, situate, lying and being within our dominions of America; extending from the north end of the island called Luke-Island, which lieth in the Southern Virginia seas, and within thirty-six degrees of north latitude ; and to the west, as far as the South-Seas; and so respectively as far as the river of Matthias, which bordereth upon the coast of Florida, and within thirty-one degrees of north latitude; and so west, in a direct line, as far as the South-Seas aforesaid. 2d. Now know ye, that we . . . are graciously pleased to enlarge our said grant unto them, according to the bounds and limits hereafter specified, ... all that Province, territory, or tract of ground, scituate, lying and being within our domin ions of America aforesaid, extending north and eastward as far as the north end of Charahake river or gulet, upon a streight westerly line to Wyonoake Creek, which lies within or about the degrees of thirty-six, and thirty minutes northern latitude, and so west in a direct line as far as the South-seas; and South and Westward as far as the degrees of twenty-nine inclusive northern latitude, and so west in a direct line, as far as the South Seas; together with all and singular ports, harbours, bays, rivers, and islets, belonging unto the Province or territory aforesaid. . . . 4th. And that the Province or territory hereby granted and described, may be dignified with as large Titles and Priviledges 78 THIRD NAVIGATION ACT [1672 as any other parts of our Dominions and territories in that region, Know ye, that we . . . do . . . annex and unite the same to the said Province of Carolina. . . . No. 22. Third Navigation Act 1672 The immediate object of the act of 1672 was to prevent the illegal trade in tobacco between the American colonies and the continent of Europe. To bacco was one of the articles which, by the Navigation Act of 1660, could be exported only to England or to another colony; but the increasing demand for this product, together with the high price which must be paid for such tobacco as had paid customs duty in England, served to encourage smuggling and illicit trade. The distinguishing feature of the act of 1672 is the requirement of a bond that the "enumerated articles" would be landed in England, and the imposition of specified duties in case of failure of the merchant to comply. References. — Text in Statutes of the Realm, V., 792, 793. The act is cited as 25 Car. II. , c. 7. The regulation of the trade in tobacco was the subject of various acts; these are enumerated and discussed in the work of Beer, cited under No. 15, ante. An Act for the incouragement of the Greeneland and Eastland Trades, and for the better secureing the Plantation Trade. [V.] And whereas by . [the Navigation Act of 1660] . . . , and by severall other Lawes passed since that time it is permitted to shipp, carry, convey and transport Sugar, Tobacco, Cotton-wooll, Indicoe, Ginger, Fusticke and all other Dying wood of the Growth, Production and Manufacture of any of your Majestyes Planta tions in America, Asia or Africa from the places of their Growth Production and Manufacture to any other of your Majestyes Plantations in those Parts (Tangier onely excepted) and that without paying of Custome for the same either at ladeing or unladeing of the said Commodityes by meanes whereof the Trade and Navigation in those Commodityes from one Plantation to another is greatly increased, and the Inhabitants of diverse of those Colonies not contenting themselves with being supplyed with those Commodities for their owne use free from all Customes (while the Subjects of this your Kingdome of England have paid 1672] THIRD NAVIGATION ACT 79 great Customes and Impositions for what of them hath beene spent here) but contrary to the expresse Letter of the aforesaid Lawes have brought into diverse parts of Europe great quantities thereof, and doe alsoe [dayly J] vend great quantities thereof to the shipping of other Nations who bring them into diverse parts of Europe to the great hurt and diminution of your Majestyes Customes and of the Trade and Navigation of this your King- dome ; For the prevention thereof . . . bee it enacted . . . That from and after . . [September 1, 1673,] . . If any Shipp or Vessell which by Law may trade in any of your Majesties Planta tions shall come to any of them to shipp and take on board any of the aforesaid Commodities, and that Bond shall not be first given with one sufficient Surety to bring the same to England or Wales or the Towne of Berwicke upon Tweede and to noe other place, and there to unloade and putt the same on shoare (the danger of the Seas onely excepted) that there shall be . . . paid to your Majestie . . . for soe much of the said Commodities as shall be laded and putt on board such Shipp or Vessell these following Rates and Dutyes, That is to say For Sugar White the hundred Weight containing one hundred and twelve pounds five shillings; And Browne Sugar and Muscavadoes the hundred weight con taining one hundred and twelve pounds one shilling [and2] six pence ; For Tobacco the pound one penny; For Cotton-wooll the pound one halfe-penny; For Indicoe the pound, two pence; For Ginger the hundred Weight containing one hundred and twelve pounds one shilling; For Logwood the hundred Weight containing one hundred and twelve pounds, five pounds, For Fusticke and all other Dying-wood the hundred Weight containing one hundred and twelve pounds six pence; And alsoe for every pound of Cacao-nutts one penny . . . 1 Interlined in the Roll. 2 6° in the original. 80 CHARTER OF PENNSYLVANIA [March 4/14 No. 23. Charter of Pennsylvania March 4/14, 1680/81 William Penn inherited from his father, Admiral Penn, a claim against the King, Charles II. , which eventually amounted to some £16,000. On account of this claim, which was not formally relinquished, and also with a view to founding a colony under Quaker rule, Penn petitioned, in June, 1680, for a grant of land in America. The petition indicated the extent of the desired grant; but experience had made the colonial authorities in Eng land cautious, and Penn's application, though favored by the King and the Duke of York, was carefully considered. The representatives of the Duke and of Lord Baltimore were consulted, and took a prominent part in tbe negotiations; but in December the attorney-general reported that the pro posed grant did not interfere with their territorial claims. The boundaries were approved Jan. 15/25, 1680/81, and March 4/ 14 the charter was issued. The original draft of the charter, drawn up by Penn on the model of the charter of Maryland, was revised by Chief Justice North, and important modifications introduced. A royal proclamation of April 2/12 announced the issuance of the charter, and commanded obedience to its provisions. Penn shortly issued a pamphlet setting forth the advantages of the region and the conditions of settlement. In August, 1682, he obtained from the Duke of York a. quit-claim deed of the territory included in Pennsylvania, and two deeds of feofment, one of Newcastle, with the land within a twelve- mile circuit about it, and the other of the land between Newcastle and Cape Henlopen. References. — Text in Charter and Laws of Pennsylvania (Harrisburg, 1879), 81-90. An abstract of Penn's proposals is in Hazard's Annals of Pennsylvania, 505-513; the deeds from the Duke of York are also in ib., 586-593. For the early documentary history, see Votes of Assembly, I.; Colonial Records, I.; Hazard's Pennsylvania Archives, I. Shepherd's History of Proprietary Government in Pennsylvania (Columbia Univ. Studies, VI.) is of prime importance. CHARLES THE SECOND [&c] . . . Knowe yee . . . that wee, favouring the petition and good purpose of the said Wil liam Penn, and haveing regard to the memorie and meritts of his late father, in divers services, and perticulerly to his Conduct, courage and discretion under our dearest brother, James, Duke of yorke, in that signall Battell and victorie, fought and obteyned against the Dutch fleete, comanded by the Herr Van Obdam, ... [in 1665,] ... In consideration thereof ... by this Our present Charter . . . Doe give and grant unto the said Wil- 1680/81] CHARTER OF PENNSYLVANIA 8l liam Penn, his heires and assignes All that Tract or parte of land in America, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance, Northwarde of New Castle Towne unto the three and fortieth degree of Northerne Latitude if the said River doeth extend soe farre Northwards; But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend, and from the head of the said River the Easterne Bounds are to bee determined by a Meridian Line, to bee drawne from the head of the said River unto the said three and fortieth degree, The said lands to extend westwards, five degrees in longitude, to bee com puted from the said Eastern Bounds, and the said lands to bee bounded on the North, by the beginning of the three and fortieth degree of Northern latitude, and on the South, by a Circle drawne at twelve miles, distance from New Castle Northwards, and Westwards unto the beginning of the fortieth degree of Northerne Latitude ; and then by a streight Line westwards, to the Limitt of Longitude above menconed. Wee Doe also . . . grant unto the said William Penn . . . the free and undisturbed use, and continuance in and passage into and out of all and singuler Ports, harbours, Bayes, waters, Rivers, Isles and Inletts, belonging unto or leading to and from the Countrey, or Islands aforesaid; . . .and him the said William Penn, his heires and Assignes, Wee do, by this our Royall Charter . . . make, Create . . . the true and absolute Proprietaries of the Countrey aforesaid, and of all other, the premisses, saving alwayes to us . . . the faith and allegiance of the said Wilham Penn . . . , and of all other, the proprietaries, Tenants and Inhabitants that are, or shall be within the Ter ritories and Precincts aforesaid; and Saving also unto us . . . the Sovreignity of the aforesaid Countrey. . . . To bee holden of us ... as of our Castle of Windsor, in our County of Berks, in free and comon socage by fealty only for all services, and not in Capite or by Knights service, Yeelding and paying therefore . . . two beaver Skins ... in every yeare; and also the fifth parte of all Gold and Silver Oare, which shall from time to time happen to be found within the Limitts aforesaid, cleare of all Charges, and . . . wee doe hereby erect the aforesaid Countrey and Islands, into a Province and Seigniorie, and doe call itt Pensilvania . . . [The proprietor may make laws with the assent of the freemen, 82 CHARTER OF PENNSYLVANIA [March 4/14 appoint magistrates and other officers, and punish all crimes and offences except treason and murder.] Provided, Nevertheles, that the said Lawes bee consonant to reason, and bee not repugnant or contrarie, but as neare as conveniently may bee agreeable to the Lawes, Statutes and rights of this our Kingdome of England, And Saveing and reserving to us, Our heirs and Successors, the receiving, heareing and determining of the Appeale and Appeales, of all or any person or persons, of, in or belonging to the Ter ritories aforesaid, or touching any Judgement to bee there made or given . . [In emergencies, the proprietor or his representa tives may make ordinances without the consent of the freemen; the same to be agreeable to the laws of England] . . . And to the End the said William Penn, or heires, or other, the Planters, Owners or Inhabitants of the said Province, may not att any time hereafter, by misconstrucon of the powers aforesaid, through inadvertiencie or designe, depart from that faith and due alle giance which by the Lawes of this our Realme of England, they and all our subjects, in our Dominions and Territories, always owe unto us . . . by colour of any extent or largenesse of powers hereby given, or pretended to bee given, or by force or colour of any lawes hereafter to bee made in the said Province, by vertue of any such powers. Our further will and pleasure is, that a transcript or Duplicate of all lawes which shall bee soe as afore said, made and published within the said province, shall within five yeares after the makeing thereof, be transmitted and delivered to the privy Councell . . ; And if any of the said Lawes within the space of six months, after that they shall be soe transmitted and delivered, bee declared by us in our . . privy Councell, inconsistent with the sovereignety or lawfull prerogative of us ... or contrary to the faith and allegiance due by [to] the legall Government of this realme, from the said William Penn, or his heires, or of the Planters and Inhabitants of the said province; and that thereupon any of the said Lawes shall bee adjudged and declared to bee void . . . that then, and from thenceforth such Lawes concerning which such Judgement and declaracon shall be made, shall become voyd, otherwise the said lawes soe trans mitted, shall remaine and stand in full force according to the true intent and meaneing thereof. . . We Will alsoe, and by these presents . . . doe . . . grant licence . . unto the said William 1680/81] CHARTER OF PENNSYLVANIA 83 Penn . . . and to all the inhabitants and dwellers in pvince afore said ... to import or unlade by themselves or theire Servants, ffactors or assignes, all merchandizes and goods whatsoever, that shall arise of the fruites and comodities of the said province, either by Land or Sea, into any of the ports . in our kingdome of England, and not into any other countrey whatsoever. And Wee give him full power to dispose of the said goods in the said ports, and if need bee, within one yeare next after the unladeing of the same, to Lade the said Merchandizes and goodes again into the same or other shipps, and to export the same into any other Countreys, either of our Dominions or fforreigne, according to Lawe : Provided alwayes, that they pay such customes and impo- sicons, subsidies and duties for the same ... as the rest of our subjects of our kingdome of England, for the time being shall be bound to pay, And doe observe the Acts of Navigation and other Lawes in that behalfe made. . . . And Wee doe further . . . ordaine . . . That he the said William penn . . may from time to time forever, have and enjoy the Customes and Subsidies in the ports, harbours and other Creeks, and places aforesaid, within the pvince aforesaid, payable or due for merchandizes and wares, there to be Laded and unladed, the said Customes and Subsidies to be reasonably assessed, upon any occasion by them selves, and the people there as aforesaid, to be assembled to whom wee Give power, by these presents ... to assesse and impose the same, Saveing unto us . . . such imposicons and customes as by Act of parliament are and shall be appointed . . [The pro prietor to appoint an agent, who shall reside in England.] . . . And further . . . Wee doe Covenant and grant to and with the said William Penn, and his heires and assignes, That Wee . . shall att no time hereafter sett or make, or cause to be sett, any impossicon, custome or other taxacon, rate or contribucon what soever, in and upon the dwellers and inhabitants of the aforesaid pvince, for their Lands, tenements, goods or chattels, within the said province, or in and upon any goods or merchandize within the said pvince, or to be laden or unladen within the ports or har bours of the said pvince, unles the same be with the consent of the pprietary, or chiefe Governor and assembly, or by Act of parliament in England. . . . And . . Wee doe hereby . . . charge and require that if any of the inhabitants of the said pvince, 84 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 to the number of Twenty, shall att any time hereafter be desirous, and shall by any writeing or by any pson deputed for them, signify such their desire to the Bishop of London, that any preacher or preachers to be approved of by the said Bishop, may be sent unto them for their instruccon, that then such preacher or preachers, shall and may be and reside within the said pvince, without any deniall or molestacon whatsoever. . . . No. 24. Second Charter of Massachusetts October 7/17, 1691 In April, 1688, Increase Mather was sent to England to urge a restoration of the Massachusetts charter of 1629; and after the flight of James II. and the deposition of Andros, government under the charter was temporarily resumed. In January, 1688/9, Mather learned that "a circular letter was to' be sent to all the plantations confirming the existing governments until further orders." He succeeded in stopping the dispatch of the letters intended for New England, and thus prevented the reinstatement of Andros, who was shortly made governor of Virginia. When it became clear that the old charter would not be restored, and that Massachusetts would remain a royal province, Mather and two other representatives of the colony petitioned for a new charter. The petition was favorably received, and the instrument was drafted in consultation with the agents. References. — Text in Acts and Resolves ofthe Province of Massachusetts Bay, I., 1-20. On the vacating of the charter of 1629, see Toppan's Edward Randolph (Prince Soe. Publ.), I., II.; the exemplification is in Mass. Hist. Coll., Fourth Series, II., 246-278. [The charter begins by reciting the grant of a patent in 1620 to the Council for New England, the grant by the Council to the Massachusetts Bay Company in 1628, the royal charter of 1629, and the vacating of the charter by a judgment in chancery in 1684, and continues:] 3no Whereas severall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application unto Us that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Collony . . . And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought under such a forme of Government as 1691] SECOND CHARTER OF MASSACHUSETTS 85 may put them in a better Condition of defence . . . Wee doe by these presents for Us Our Heirs and Successors Will and Ordeyne that the Territories and Collonyes comonly called or known by the Names of the Collony of the Massachusetts Bay and Collony of New Plymouth the Province of Main the Territorie called Accadia or Nova Scotia and all that Tract of Land lying betweene the said Territoritories of Nova Scotia and the said Province of Main be Erected United and Incorporated . . . into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And . . . Wee doe . . . grant unto ... the Inhabit ants of . . . the Massachusetts Bay and their Successors all that parte of New England in America lying and extending from the greate River commonly called Monomack alias Merrimack on the Northpart and from three Miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part And all the Lands and Hereditaments whatsoever lying within the limitts aforesaid and extending as farr as the Outermost Points or Prom ontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantick or Western Sea and Ocean on the East parte towards the South Sea or Westward as far as Our Collonyes of Rhode Island Connecticutt and the Marragansett [Narragansett] Countrey all alsoe all that part or portion of Main Land beginning at the Entrance of Pescata way Harbour and soe to pass upp the same into the River of Newicke- wannock and through the same into the furthest head thereof and from thence Northwestward till One Hundred and Twenty Miles be finished and from Piscata way Harbour mouth aforesaid North- Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to crosse over Land to the One Hundred and Twenty Miles before reckoned up into the Land from Piscataway Harbour through Newickawannock River and also the North halfe of the Isles and [of] Shoales to gether with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and alsoe [all] Lands and Hereditaments lying and being in the Countrey and Territory commonly called Accadia or Nova Scotia And all those Lands and Hereditaments lying and extending betweene the said Countrey or Territory of Nova Scotia 86 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 and the said River of Sagadahock or any part thereof . . . and alsoe all Islands and Isletts lying within tenn Leagues directly opposite to the Main Land within the said bounds . . And Wee doe further . . . ordeyne that . . . there shall be one Governour One Leiutenant or Deputy Governour and One Secretary of Our said Province or Territory to be from time to time appointed and Commissionated by Us . . . and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governour . . . for the time being as by these presents is hereafter directed and appointed which said Councillors or Assistants are to be Con stituted Elected and Chosen in such forme and manner as hereafter in these presents is expressed And for the better Execution of Our Royall Pleasure and Grant in this behalfe Wee . Nominate . Simon Broadstreet John Richards Nathaniel Saltenstall Wait Winthrop John Phillipps James Russell Samuell Sewall Samuel Appleton Barthilomew Gedney John Hawthorn Elisha Hutchin son Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Peter Serjeant Joseph Lynd Samuell Hayman Stephen Mason Thomas Hinckley William Bradford John Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus Davis Esquiers the first and present Coun cillors or Assistants of Our said Province . . . <3no HSSee doe further . . . appoint . . . Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure Slno ©ur Will and Pleasure is that the Governour . . . shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants . . . and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said Province 3no further Wee Will . . . that there shall ... be convened by the Governour . . upon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour . shall think fitt and appoint a great and Generali Court of Assembly Which . . . shall consist of the Governour and Councill or Assistants . . . and of such Free holders ... as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the re spective Townes or Places who shall be present at such Elections 1691] SECOND CHARTER OF MASSACHUSETTS 87 Each of the said Townes and Places being hereby impowered to Elect and Depute Two Persons and noe more to serve for and represent them respectively in the said Great and Generali Court . To which Great and Generali Court . . . Wee doe hereby . . . grant full power and authority from time to time to direct . . . what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively . . Prouioeo alwayes that noe Freeholder or other Person shall have a Vote in the Election of Members . . . who at the time of such Election shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least or other estate to the value of Forty 1 pounds Sterling And that every Person who shall be soe elected shall before he sitt or Act in the said Great and Generali Court . . take the Oaths mentioned in an Act of Parliament made in the first yeare of Our Reigne Entituled an Act for abrogateing of the Oaths of Alle giance and Supremacy and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaration mentioned in the said Act . . . and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generali Courts . . . met and convened as aforesaid And . . . Wee doe . . . Ordeyne that yearly once in every yeare . . . the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generali Court . . newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Collony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Land within the Territory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia . . . [The General Court may remove assistants from office, and may also fill vacancies caused by removal or death.] And Wee doe further . . . Ordeyne that it shall and may be 1 See note in Acts and Risolves, vol. I., p. 393. — 'Ed. 88 SECOND CHARTER OF MASSACHUSETTS [Oct. 7/17 lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the Peace and other Officers to Our Councill and Courts of Justice belonging . . . and for the greater Ease and Encouragement of Our Loveing Subjects In habiting our said Province . . . and of such as shall come to Inhabit there We doe . . . Ordaine that for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists) Inhabiting . . . within our said Province . . . [Courts for the trial of both civil and criminal cases may be established by the General Court, reserving to the governor and assistants matters of probate and administration.] 2tno inhereas Wee judge it necessary that all our Subjects should have liberty to Appeale to us ... in Cases that may deserve the same Wee doe . . . Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province ... in any Personall Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to us ... in our . . . Privy Councill . . . Sub we doe further . . . grant to the said Governor and the great and Generali Court . . . full power and Authority from time to time to make ... all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or con trary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province. . . . And for the Government and Ordering thereof and of the People Inhabiting . . the same and for the necessary support and Defence of the Government thereof [and also] full power and Authority to name and settle Annually all Civill Officers within the said Province such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to us ... or to the Governor . . . and to Settforth the severall Duties Powers and Lymitts' of every such Officer . . . and the forms of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administred unto them for the Execution of their severall Offices and places And 1691] SECOND CHARTER OF MASSACHUSETTS 89 alsoe to impose Fines mulcts Imprisonments and other Punish ments And to Impose and leavy proportionable and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory ... for Our Service in the necessary defence and support of our Government of our said Province . . . and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province . . . [The governor to have a veto on elections and acts of the General Court] . . . 'Uno wee doe . . . Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us . . . for Our . . . approbation or Disallowance And that incase all or any of them shall at any time within the space of three yeares next after the same shall have been presented to us . . . in Our . . . Privy Councill be disallowed and rejected . . . then such ... of them as shall be soe disallowed . . . shall thenceforth cease and determine and become utterly void and of none effect [Laws, &c, not disallowed within the three years, to remain in force until repealed by the General Court. Grants of land by the General Court, within the limits of the former colonies of Massa chusetts Bay and New Plymouth, and the Province of Maine, excepting the region north and east of the Sagadahoc, to be valid without further royal approval. The governor shall direct the defense of the province, and may exercise martial law in case of necessity;] . . . probioeb alwayes . . . That the said Govern our shall not at any time hereafter by vertue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province ... or oblige them to march out of the Limitts of the same without their Free and voluntary consent or the Consent of the Great and Generali Court . . . nor grant Commissions for exercising the Law Martiall upon any the Inhabitants of Our said Province . . . without the Advice and Consent of the Councill or Assistants of the same . . . |3ro- bibeb alwaies . . . that nothing herein shall extend or be taken to . . . allow the Exercise of any Admirall Court Jurisdiction Power or Authority but that the same be and is hereby reserved to Us . . . and shall from time to time be . . . exercised by vertue of Commissions to be yssued under the Great Seale of go NAVIGATION ACT [April 10/20 England or under the Seale of the High Admirall or the Commis sioners for executing the Office of High Admirall of England. . . . 2tnb lastlg for the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Us . . . all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province . not heretofore granted to any private persons And Wee doe restraine and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall Lycence of Us . first had and obteyned upon penalty of Forfeiting One Hundred Pounds sterling unto Ous [Us] ... for every such Tree so felled cutt or destroyed. . . . No. 25. Navigation Act April 10/20, 1696 The Navigation Act of 1672, besides laying duties on certain "enumerated articles," had aimed to provide a more effective system of administration for the colonial customs service; but in the years immediately following the revolution of f688, the acts of trade, never much regarded in the colonies, were extensively violated. In particular, the lack of a system of registry for rEnglish-built ships made the enforcement of the acts difficult, and led to complaints from British merchants of loss of revenue; and it was to supply this lack that the act of 1696 was especially designed. "All further shipping laws were in the nature of detailed regulations, and this act . may be said to have added the finishing touch to the colonial system so far as shipping was concerned" (Channing). References. — Text in Statutes of the Realm, VIL, 103-107. The act is cited as 7 and 8 Wm. IIL, i_. 22. An Act for preventing Frauds and regulating Abuses in the Plantation Trade. [Recital that notwithstanding 12 Car. IL, c. 18, 15 Car. IL, c. 7, 22 & 23 Car. II. , c. 26, and 25 Car. IL, c. 7, great abuses are committed:] For Remedy thereof for the future bee itt en acted . . . That after . . . [March 25, 1698,] ... noe Goods or Merchandizes whatsoever shall bee imported into or exported out of any Colony or Plantation to His Majesty in Asia Africa or 1696] NAVIGATION ACT 91 America belonging or in his Possession or which may hereafter belong unto or bee in the Possession of His Majesty ... or shall bee laden in or carried from any One Port or Place in the said Colonies or Plantations to any other Port or Place in the same, the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed in any Shipp or Bottome but what is or shall bee of the Built of England or of the Built of Ireland or the said Colonies or Plantations and wholly owned by the People thereof or any of them and navigated with the Masters and Three Fourths of the Mariners of the said Places onely (ex cept such Shipps onely as are or shall bee taken Prize . . . And alsoe except for the space of Three Yeares such Foreigne built Shipps as shall bee employed by the Commissioners of His Maj esties Navy for the tyme being or upon Contract with them in bringing onely Masts Timber and other Navall Stores for the Kings Service from His Majesties Colonies or Plantations to this Kingdome to bee navigated as aforesaid and whereof the Property doth belong to English Men) under paine of Forfeiture of Shipp and Goods. . . . V. And for the more effectuall preventing of Frauds and regu lating Abuses in the Plantation Trade in America Bee itt further enacted . . . That all Shipps comeing into or goeing out of any of the said Plantations and ladeing or unladeing any Goods or Commodities whether the same bee His Majesties Shipps of Warr or Merchants Shipps and the Masters and Commanders thereof and their Ladings shall bee subject and lyable to the same Rules Visitations Searches Penalties and Forfeitures as to the entring lading or dischargeing theire respective Shipps and Ladings as Shipps and their Ladings and the Commanders and Masters of Shipps are subject and lyable unto in this Kingdome . . . [by virtue of the act 14 Chas. II. , ch. 11]. . . . And that the Officers for collecting and manageing His Majesties Revenue and inspect ing the Plantation Trade in any of the said Plantations shall have the same Powers and Authorities for visiting and searching of Shipps ahd takeing their Entries and for seizing and securing or bringing on Shoare any of the Goods prohibited to bee imported or exported into or out of any the said Plantations or for which any Duties are payable or ought to have beene paid by any of the 92 NAVIGATION ACT [April 10/20 before mentioned Acts as are provided for the Officers of the Customes in England by the said last mentioned Act ... [of 14 Chas. II. , ch. 11,] . . . and alsoe to enter Houses or Warehouses to search for and seize any such Goods. . . . XV. [(And *) bee itt further enacted . . . That all Persons and theire Assignees claymeing any Right or (Property 2) in any Islands or Tracts of Land upon the Continent of America by Charter or Letters Patents shall not att any tyme hereafter alien sell or dispose of any of the said Islands Tracts of Land or Proprieties other than to the Naturall Borne Subjects of England Ireland Dominion of Wales or Towne of Berwick upon Tweed without the License and Consent of His Majesty . . . signifyed by His or Their Order in Councill first had and obteyned. . . .] XVI. [And for a more effectuall prevention of Frauds which may bee used to elude the Intention of this Act by colouring Foreigne Shipps under English Names Bee itt further enacted . . . That from and after . . . [March 25, 1698,] . noe Shipp or Vessell whatsoever shall bee deemed or passe as a Shipp of the Built of England Ireland Wales Berwick Guernsey Jersey or of any of His Majesties Plantations in America soe as to bee quali- fyed to trade to from or in any of the said Plantations untill the Person or Persons claymeing Property in such Shipp or Vessell shall register the same as followeth (that is to say) If the Shipp att the tyme of such Register doth belong to any Port in Eng land Ireland Wales or to the Towne of Berwick upon Tweed then Proofe shall bee made upon Oath of One or more of the Owners of such Shipp or Vessell before the Collector and Comp troller of His Majesties Customes in such Port or if att the tyme- of such Register the Shipp belong to any of His Majesties Planta tions in America or to the Islands of Guernsey or Jersey then the like Proofe to bee made before the Governour together with the Principall Officer of His Majesties Revenue resideing on such Plantation or Island . . .] 3 . . . ******** 1 Omitted in the Ms. 2 The Ms. has Propriety. ' The passage in brackets is annexed to the original act in a separate schedule. 1696] TREATY OF UTRECHT 93 No. 26. Treaty of Utrecht March 31/April n, 1713 By the second partition treaty between William III. and Louis XIV., in 1700, it had been agreed that the Spanish succession, on the death of Charles II. , should go to the Archduke Charles, son of the Emperor Leopold. But Charles II. by will bequeathed all his possessions to Philip, Duke of Anjou, grandson of Louis, though with the proviso that the crowns of France and Spain should never be united; and, on the death of Charles, Louis claimed the inheritance for Philip. The seizure of the barrier fortresses, early in 1701, was soon followed by war in Italy between Leopold and the combined French and Spanish forces. William placed Marlborough in command of the Eng lish forces in the Netherlands, and in September formed, with Austria and the Dutch Republic, the so-called Grand Alliance. The death of William, in March, 1702, did not interrupt the war, and the Grand Alliance was shortly joined by most of the German princes. The European phases of the war of the Spanish Succession, and the careers of Marlborough and Prince Eugene of Savoy, do not call for discussion here. In America, where the war is known as Queen Anne's war, the most important movements were in connec tion with the repeated attempts to conquer some part of the French pos sessions. After two unsuccessful expeditions, in 1704 and 1707, against Acadia, Port Royal finally surrendered, in 17 10, to the English; but a com bined land and naval demonstration against Canada came to nothing. In September, 171 1, preliminary articles of peace were signed; the conferences of the commissioners began in January, 1712, at Utrecht; and March 31/ April n, 1713, the treaty was concluded. Only the principal articles relating to America are given here. References. — Text in Chalmers's Collection of Treaties, I., 340-386. Mahon's History of England {during the] Reign of Anne covers the period of the war; see also Lecky's England in the Eighteenth Century (Amer. ed.), I., 26-54, 106-158; Parkman's Half Century of Conflict. / X. The said most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the bay and streights of Hudson, together with all lands, seas, sea-coasts, rivers, and places situate in the said bay and streights, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the sub jects of France. . . . But it is agreed on both sides, to deter mine within a year, by commissaries to be forthwith named by each party, the limits which are to be fixed between the said Bay of Hudson and the places appertaining to the French. . . . The 94 TREATY OF UTRECHT [March 31/April n same commissaries shall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts. XI. The abovementioned most Christian King shall take care that satisfaction be given, according to the rule of justice and equity, to the English company trading to the Bay of Hudson, for all damages and spoil done to their colonies, ships, persons, and goods, by the hostile incursions and depredations of the French, in time of peace . . . XII. The most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratifica tions of this treaty shall be exchanged, solemn and authentic letters, or instruments, by virtue whereof it shall appear, that the island of St. Christopher's is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadie, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which de pend on the said lands and islands . . . ; and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those which lie towards the east, within 30 leagues, beginning from the island commonly called Sable, inclusively, and thence stretching along towards the south-west. XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward belong of right wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the most Christian King, to those who have a commission from the Queen of Great Britain for that purpose. . . . Moreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish; or to resort to the said island, beyond the time necessary for fishing, and drying of fish. But it shall be allowed to the subjects of France to catch fish, and to dry them on land, in that part only, and in no other 1713] CHARTER OF GEORGIA 95 besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the river of St. Lawrence, and in the gulph of the same name, shall hereafter belong of right to the French, and the most Chris tian King shall have all manner of liberty to fortify any place or places there. XIV. It is expressly provided, that in all the said places and colonies to be yielded and restored by the most Christian King, in pursuance of this treaty, the subjects of the said King may have liberty to remove themselves, within a year, to any other place, as they shall think fit, together with all their moveable effects. But those who are willing to remain there, and to be subject to the Kingdom of Great Britain, are to enjoy the free exercise of their religion, according to the usage of the church of Rome, as far as the laws of Great Britain do allow the same. No. 27. Charter of Georgia June g/20, 1732 The plan for a colony in Georgia originated with James Edward Ogle thorpe, an English gentleman of good family, who had served with distinc tion under Prince Eugene of Savoy, and later had entered the House of Com mons. Oglethorpe's sympathies having been enlisted on behalf of imprisoned debtors and discharged prisoners, he conceived the idea of establishing in America a colony where worthy persons of those classes could get 'a new start in life. The charter granted to trustees certain territory south of the Savan nah river which had originally formed part of South Carolina, but had been retained by the Crown when the Carolinas were surrendered by the pro prietors in 1729. To this was added the one-eighth interest retained by Carteret at the time of the surrender, and which he now conveyed to the trus tees. The charter was surrendered in 1752, and Georgia became a royal province. References. — Text in Poore's Federal and State Constitutions, I., 369- 377. The Journal of the trustees has been privately printed (1886). The Colonial Records of Georgia, I., cover the charter period. Various contem porary accounts are reprinted in the Collections of the Georgia Hist. Society, 96 CHARTER OF GEORGIA [June 9/20 and in Force's Tracts, I. See also early documents in Charles Lee's Report on Claims to Lands in the Southwestern Parts of the United States, in Amer. State Papers, Public Lands, I., 34-67. GEORGE the second, [ &c] . . . Whereas we are credibly informed, that many of our poor sub jects are, through misfortunes and want of employment, reduced to great necessity, insomuch as by their labor they are not able to provide a maintenance for themselves and families; and if they had means to defray their charges of passage, and other expences, incident to new settlements, they would be glad to settle in any of our provinces in America where by cultivating the lands, at present waste and desolate, they might not only gain a comfort able subsistence for themselves and families, but also strengthen our colonies and increase the trade, navigation and wealth of these our realms. And whereas our provinces in North America, have been frequently ravaged by Indian enemies; more espe cially that of South-Carolina, which in the late war, by the neighboring savages, was laid waste by fire and sword, and great numbers of English inhabitants, miserably massacred, and our loving subjects who now inhabit them, by reason of the smallness of their numbers, will in case of a new war, be exposed to the late [like ?] calamities ; inasmuch as their whole southern frontier continued! unsettled, and lieth open to the said savages — . . . Know ye therefore, that we ... by these presents . . . do . . . ordain . . . that our right trusty and well beloved John, lord- viscount Purcival, of our kingdom of Ireland, our trusty and well beloved Edward Digby, George Carpenter, James Ogle thorpe, George Heathcote, Thomas Tower, Robert Moore, Robert Hucks, Roger Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Beletha, esquires, A. M. John Burton, B. D. Richard Bundy, A. M. Arthur Bedford, A. M. Samuel Smith, A. M. Adam Anderson and Thomas Corane, gentleman ; and such other persons as shall be elected in the man ner herein after mentioned, and their successors to be elected in the manner herein after directed; be, and shall be one body politic and corporate, in deed and in name, by the name of the Trustees for establishing the colony of Georgia in America- . . . and that they and their successors by that name shall and 1732] CHARTER OF GEORGIA 97 may forever hereafter, be persons able and capable in the law, to purchase, have, take, receive and enjoy, to them and their successors, any manors, messuages, lands, tenements, rents, ad- vowsons, liberties, privileges, jurisdictions, franchises, and other hereditaments whatsoever, lying and being in Great Britain, or any part thereof, of whatsoever nature, kind or quality, or value they be, in fee and in perpetuity, not exceeding the yearly value of one thousand pounds, beyond reprises; also estates for lives, and for years, and all other manner of goods, chattels and things whatsoever they be; for the better settling and supporting, and maintaining the said colony, and other uses aforesaid; and to give, grant, let and demise the said manors, messuages, lands, tenements, hereditaments, goods, chattels and things whatsoever aforesaid, by lease or leases, for term of years, in possession at the time of granting thereof, and not in reversion, not exceeding the term of thirty-one years, from the time of granting thereof; . . . and that they ... by the name aforesaid, shall and may forever hereafter, be persons able, capable in the law, to pur chase, have, take, receive, and enjoy, to them and their succes sors, any lands, territories, possessions, tenements, jurisdictions, franchises and hereditaments whatsoever, lying and being in America, of what quantity, quality or value whatsoever they be, for the better settling and supporting and maintaining the said colony; . . . And our will and pleasure is, that the first presi dent of the said corporation . . . shall be . . . the said Lord John Viscount Percival; and that the said president shall, within thirty days after the passing this charter, cause a summons to be issued to the several members of the said corporation herein particularly named, to meet at such time and place as he shall appoint, to consult about and transact the business of said cor poration. And . . . we . . . direct, that the common council of this corporation shall consist of fifteen in number; and we do . . . appoint . . . John Lord Viscount Percival, . . . Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche, James Vernon, William Beletha, esqrs., and Stephen Hales, Master of Arts, to be the common council of the said corporation, to continue in the said office during their good behavior. And whereas it is our royal intention, that the mem bers of the said corporation should be increased by election, as 98 CHARTER OF GEORGIA [June 9/20 soon as conveniently may be, to a greater number than is hereby nominated; ... we do hereby . . direct, that from the time of such increase of the members of the said corporation, the number of the common council shall be increased to twenty-four; and that the same assembly at which such additional members of the said corporation shall be chosen, there shall likewise be elected in the manner hereinbefore directed for the election of common council men, nine persons to be the said common council men, and to make up the number twenty-four. And our further will and pleasure is, that Edward Digby, esquire, shall be the first chairman of the common council of the said corporation; and that the said lord-viscount Purcival shall be, and continue, presi dent of the said corporation, and that the said Edward Digby shall be and continue chairman of the common council of the said corporation, respectively, until the meeting which shall be had next and immediately after the first meeting of the said cor poration, or of the common council of the said corporation re spectively, and no longer; . . And we do hereby . . . direct, that the said corporation every year lay an account in writing before the chancellor, or speaker, or commissioners, for the custody of the great seal of Great-Britain . . . ; the Chief Jus tice of the Court of Kings' Bench, the Master of Rolls the Chief Justice of the Court of Common Pleas, and the chief Baron of the Exchequer . , or any two of them; of all moneys and effects by them received or expended, for carrying on the good purposes aforesaid. And we do hereby . . give and grant unto the said corporation, and their successors, full power and au thority to constitute, ordain and make, such and so many by laws, constitutions, orders and ordinances, as to them ... at their general meeting for that purpose, shall seem necessary and convenient for the well ordaining and governing of the said cor poration; . . . and in and by such by-laws, rules, orders and ordinances, to sell, impose and inflict, reasonable pains and penal ties upon any offender or offenders, who shall trangress, break or violate the said by-laws, constitutions, orders and ordinances ; . . . so always, as the said by-laws, constitutions, orders, and ordi nances, pains and penalties . . . , be reasonable and not con trary or repugnant to the laws or statutes of this our realm; and that such by-laws, constitutions and ordinances, pains and penal- 1732] CHARTER OF GEORGIA 99 ties . . . , and any repeal or alteration thereof, or any of them, may be likewise agreed to be established and confirmed by the said general meeting of the said corporation, to be held and kept next after the same shall be respectively made. And whereas the said corporation intend to settle a colony, and to make an habita tion and plantation in that part of our province of South-Carolina, in America, herein after described — Know ye, that we . . . do give and grant to the said corporation and their successors under the reservation, limitation and declaration, hereafter ex pressed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, countrys and territories, situate, lying and being in that part of South-Carolina, in America, which lies from the most northern part of a stream or river there, commonly called the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Alatamaha, and westterly from the heads of the said rivers respectively, in direct lines to the south seas; and all that share, circuit and precinct of land, within the said boundaries, with the islands on the sea, lying opposite to the eastern coast of the said lands, within twenty leagues of the same, which are not inhabited already, or settled by any authority derived from the crown of Great-Britain : ... to be holden of us, our heirs and successors as of our honour of Hampton-court, in our county of Middlesex in free and common soccage, and not in capite, yielding, and paying therefor to us . . . yearly forever, the sum of four shillings for every hundred acres of the said lands, which the said corporation shall grant, demise, plant or settle; the said payment not to commence or to be made, until ten years after such grant, demise, planting or settling; and to be answered and paid ... in such manner and in such species of money or notes, as shall be current in payment, by proclama tion from time to time, in our said province of South-Carolina. All which lands, countries, territories and premises ... we do by these presents, make, erect and create one independent and separate province, by the name of Georgia. . . . And that all and every person or persons, who shall at any time hereafter inhabit or reside within our said province, shall be, and are hereby declared to be free, and shall not be subject to or be bound to obey any laws, orders, statutes or constitutions, which have been heretofore made. IOO CHARTER OF GEORGIA [June 9/20 ordered or enacted by, for, or as, the laws, orders, statutes or constitutions of our said province of South-Carolina, (save and except only the [commander] in chief of the militia, of our said province of Georgia, to our governor for the time being of South- Carolina, in manner hereafter declared;) but shall be subject to, and bound to obey, such laws, orders, statutes and constitutions as shall from time to time be made, ordered and enacted, for the better government of the said province of Georgia, in the manner hereinafter declared. And we do hereby . . . ordain . . . that for and during the term of twenty-one years, to commence from the date of these our letters patent, the said corporation assembled for that purpose, shall and may form and prepare, laws, statutes and ordinances, fit and necessary for and concerning the govern ment of the said colony, and not repugnant to the laws and statutes of England ; and the same shall and may present under their com mon seal to us . . . , in our or their privy council for our or their approbation or disallowance : and the said laws, statutes and ordi nances, being approved of by us . . . , in our or their privy council, shall from thence forth be in full force and virtue within our said province of Georgia. . . . And for the greater ease and encouragement of our loving subjects and such others as shall come to inhabit in our said colony, we do . . . ordain, that for ever hereafter, there shall be a liberty of conscience allowed in the worship of God, to all persons inhabiting, or which shall inhabit or be resident within our said province, and that all such persons, except papists, shall have a free exercise of religion, so they be con tented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the government. And our further will and pleasure is, and we do hereby . . . declare and grant, that it shall and may be lawful for the said common council . . . to distribute, convey, assign and set over such particular portions of lands, tenements and hereditaments by these presents granted to the said corporation, unto such our loving subjects, natural born, denizens or others that shall be willing to become our subjects, and live under our allegiance in the said colony, upon such terms, and for such estates, and upon such rents, reservations and condi tions as the same may be lawfully granted, and as to the said common council . . . shall seem fit and proper. . . . Provided . . . that no greater quantity of lands be granted, either en- 1732] CHARTER OF GEORGIA IOI tirely or in parcels, to or for the use, or in trust for any one per son, than five hundred acres. . . . And we do hereby grant and ordain, that such person or persons, for the time being as shall be thereunto appointed by the said corporation, shall . . . have full power and authority to administer and give the oaths, appointed by an act of parliament, made in the first year of the reign of our late royal father, to be taken instead of the oaths of allegiance and supremacy; and also the oath of abjuration, to all and every person and persons which shall at any time be inhabiting or residing with our said colony; and in like cases to administer the solemn affirmation to any of the persons commonly called quakers, in such manner as by the laws of our realm of Great- Britain, the same may be administered. And we do . . . ordain . . . that the said corporation and their successors, shall have full power and authority, for and during the term of twenty-one years . . . , to erect and constitute judicatories and courts of record, or other courts, to be held in the name of us . . . for the hear ing and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things whatsoever, arising or happening, within the said province of Georgia, or between persons of Georgia; whether the same be criminal or civil, and whether the said crimes be capital or not capital, and whether the said pleas be real, personal or mixed : and for award ing and making out executions thereupon . . . And our further will and pleasure is, that the rents, issues and all other profits, which shall at any time hereafter come to the said corporation, [shall be applied in such manner as the said corporation,1] or the major part of them which shall be present at any meeting for that purpose assembled, shall think will most improve and en large the said colony, and best answer the good purposes herein before mentioned, and for defraying all other charges about the same. And our will and pleasure is, that the said corporation and their successors, shall from time to time give in to one of the principal secretaries of state, and to the commissioners of trade and plantations, accounts of the progresses of the said colony. . . . And our will and pleasure is, that the common council of the said corporation for the time being . . . shall . . . unto the 1 These words are not in the original, but appear to be necessary to complete the sense. 102 CHARTER OF GEORGIA [June 9/20 full end and expiration of twenty-one years . . , have full power and authority to nominate, make, constitute and commission, ordain and appoint, by such name or names, style or styles, as to them shall seem meet and fitting, all and singular such gov ernors, judges, magistrates, ministers and officers, civil and mili tary, both by sea and land, within the said districts, as shall by them be thought fit and needful to be made or used for the said government of the said colony; save always, and except such offices only as shall by us ... be from time to time constituted and appointed, for the managing collecting and receiving such revenues, as shall from time to time arise within the said province of Georgia, and become due to us . Provided always . . . , that every governor of the said province of Georgia, to be ap pointed by the common council of the said corporation, before he shall enter upon or execute the said office of governor, shall be approved by us . , and shall take such oaths, and shall qualify himself in such manner, in all respects, as any governor or commander in chief of any of our colonies or plantations in America, are by law required to do; and shall give good and sufficient security for observing the several acts of parliament relating to trade and navigation, and to observe and obey all in structions that shall be sent to him by us . . . , or any acting under our or their authority, pursuant to the said acts, or any of them. [The corporation may establish and train a militia, fortify and defend the colony, exercise martial law in time of war, &c] And . . we do . . . grant, that the governor and commander in chief of the province of South-Carolina ... for the time being, shall at all times hereafter have the chief command of the militia of our said province . . And . . we ... do give and grant, unto the said corporation and their successors, full power and authority to import and export their goods, at and from any port or ports that shall be appointed by us . . . within the said province of Georgia, for that purpose, without being obliged to touch at any other port in South-Carolina. And we do . . will and declare, that from and after the termination of the said term or [of] twenty-one years, such form of government and method of making laws, statutes and ordinances, for the better governing and ordering the said province of Georgia, and the inhabitants thereof, shall be established and observed within 1732] MOLASSES ACT 103 the same, as we . . . shall hereafter ordain and appoint, and shall be agreeably to law ; and that from and after the determina tion of the said term of twenty-one years, the governor of our said province of Georgia, and all officers civil and military, within the same, shall from time to time be nominated and constituted, and appointed by us . . . No. 28. Molasses Act May 17/28, 1733 In the exchange of fish, lumber and agricultural products for the sugar, molasses and rum of the West Indies, the northern English colonies in America early found their most important and most lucrative trade. More over, it was by means of this trade that the money for the purchase of manu factured goods in England was mainly obtained. The adoption of a more liberal commercial policy by France, however, in 1717, enabled the sugar of the French West Indies to displace the British product in European markets, and to compete successfully in the markets of the English colonies ; while the prohibition of the importation of rum into France, as a protection to the pro duction of brandy, forced the producers of molasses in the French colonies to seek a market in New England and New York, where molasses, little pro duced in the English West Indies, was much in demand. The prosperity of the French colonies led to numerous protests from planters in the British sugar islands, and in 1731 a bill to prohibit the importation into Great Britain or the American colonies of any foreign sugar, molasses or rum passed the House of Commons, but was rejected by the Lords. The object of the bill was attained, however, by the passage, in 1733, of the so-called Molasses Act, by which practically prohibitory duties were imposed upon the before- mentioned articles. The act was systematically disregarded by the English colonies, and remained largely a dead-letter. The Molasses Act was to con tinue in force for five years ; but it was five times renewed, and by the Sugar Act of 1764 was made perpetual. References. — Text in Pickering's Statutes at Large, XVI., 374-379. The act is cited as 6 Geo. II. , c. 13. The best discussion of the act is in Beer's Commercial Policy of England (Columbia Univ. Studies, IIL, No. 2), chap. 6. An act for the better securing and encouraging the trade of his Majesty's sugar colonies in America. WHEREAS the welfare and prosperity of your Majesty's sugar colonies in America are of the greatest consequence and importance to the trade, navigation and strength of this kingdom : and whereas 104 MOLASSES ACT [May 17/28 the planters of the said sugar colonies have of late years fallen under such great discouragements, that they are unable to improve or carry on the sugar trade upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from Great Britain : for remedy whereof . . . be it enacted . . . , That from and after . . . [December 25, 1733,] . . . there shall be raised, levied, collected and paid, unto and for the use of his Majesty . . . , upon all rum or spirits of the produce or manu facture of any of the colonies or plantations in America, not in the possession or under the dominion of his Majesty . . . , which at any time or times within or during the continuance of this act, shall be imported or brought into any of the colonies or plantations in America, which now are or hereafter may be in the possession or under the dominion of his Majesty . . . , the sum of nine pence, money of Great Britain, . . . for every gallon thereof, and after that rate for any greater or lesser quantity : and upon all molasses or syrups of such foreign produce or manufacture as aforesaid, which shall be imported or brought into any of the said colonies or plantations . . . , the sum of six pence of like money for every gallon thereof . . . ; and upon all sugars and paneles of such foreign growth, produce or manufacture as aforesaid, which shall be imported into any of the said colonies or plantations . . . , a duty after the rate of five shillings of like money, for every hundred weight Avoirdupoize. . . . ******** IV. And be it further enacted . . . , That from and after . . . [December 25, 1733,] . . . no sugars, paneles, syrups or molasses, of the growth, product and manufacture of any of the colonies or plantations in America, nor any rum or spirits of America, except of the growth or manufacture of his Majesty's sugar colo nies there, shall be imported by any person or persons whatsoever into the kingdom of Ireland, but such only as shall be fairly and bona fide loaden and shipped in Great Britain in ships navigated according to the several laws now in being in that behalf, under the penalty of forfeiting all such sugar, paneles, syrups or mo lasses, rum or spirits, or the value thereof, together with the ship or vessel in which the same shall be imported, with all her guns, tackle, furniture, ammunition, and apparel. . . . ******** 1762] WRIT OF ASSISTANCE 105 IX. And it is hereby further enacted . . . , That in case any sugar or paneles of the growth, produce or manufacture of any of the colonies or plantations belonging to or in the possession of his Majesty . . . , which shall have been imported into Great Britain after . . . [June 24, 1733,] . . . shall at any time within one year after the importation thereof, be again exported out of Great Britain, ... all the residue and remainder of the subsidy or duty, by any former act or acts of parliament granted and charged on such sugar or paneles as aforesaid, shall without any delay or reward be repaid to such merchant or merchants, who do export the same, within one month after demand thereof. X. And it is hereby further enacted . . . , That from and after . . . [June 24, 1733,] . . . for every hundred weight of sugar refined in Great Britain . . . , which shall be exported out of this kingdom, there shall be, by virtue of this act, repaid at the custom house to the exporter, within one month after the demand thereof, over and above the several sums of three shillings and one shilling per hundred, payable by two former acts of parliament, one of them made in the ninth and tenth years of the reign of his late Majesty King William the Third, and the other in the second and third years of the reign of her late Majesty Queen Anne, the further sum of two shillings, oath or solemn affirmation as afore said, being first made by the refiner, that the said sugar so exported, was produced from brown and muscovado sugar, and that as he verily believes, the same was imported from some of the colonies or plantations in America belonging to and in the possession of the crown of Great Britain, and that as he verily believes the duty of the said brown and muscovado sugar was duly paid at the time of the importation thereof, and that the same was duly exported. . . . No. 29. Writ of Assistance December 2, 1762 In 1755 a writ of assistance, granting authority to search for and seize uncustomed goods, was issued by the Superior .Court of Massachusetts to Charles Paxton, surveyor of the port of Boston. Similar writs were issued in 1758 to the collectors at Salem and Falmouth, in 1759 to the surveyor-general, 106 WRIT OF ASSISTANCE [Decembers and the collectors at Boston and Newburyport, and in 1760 to the collectors at Boston and Salem. By law the writs continued until the demise of the Crown and for six months thereafter. In 1761 the former writs, by reason of the death of George II., being about to expire, the surveyor-general, Thomas Lechmere, made application to the court for the grant of such writs to him self and his officers "as usual." On this application a number of merchants of Boston, and others, petitioned to be heard. The application was argued at Boston at the February term, Jeremiah Gridley appearing for Lechmere, and James Otis and Oxenbridge Thacher for the petitioners and against the writ. Judgment was suspended in order that the court might examine the practice in England. November 18, at the second term, the case was again argued by the same counsel, with the addition of Robert Auchmuty in favor of the writ. The judges were unanimous in their opinion that the writ should be granted, as prayed for, and December 2 a writ was issued to Paxton in the form following. March 6, 1762, a bill "authorizing any judge or justice of the peace, upon information on oath by any officer of the customs, to issue a special writ or warrant of assistance, and prohibiting all others," passed the General Court; but the governor, on the advice of the members of the Supe rior Court, withheld his approval. Writs of assistance do not appear to have been granted elsewhere in the colonies, except in New Hampshire; they were, however, legalized by the Townshend Revenue Act of 1767 [No. 38]. General warrants were condemned in England in 1766, but general writs of assistance continued to be issued until 1819, when an order of the Board of Customs practically abolished them. In the manuscript from which the writ following is printed, the words in brackets are interlined, and those in italics erased. The writ was drawn by Thomas Hutchinson, the chief justice. References. — Text in Quincy's Massachusetts Reports, 418-421, where is also, pp. 395-540, an exhaustive examination of the whole subject by Jus tice Horace Gray. Otis's argument at the February term, as reported by John Adams, is in the latter's Works, II. , 521-525; the second argument, in November, is in Quincy, ut supra, 51-57. The earlier accounts, especially those in Adams's Works, II. , 124, note; X., 246-249, 274-276; Tudor's Otis, and Minot's Massachusetts, must be read in the light of Gray's notes, above. prov 0f 1 George the third by the grace of God of Mass Bav I Great Britain France & Ireland King 1 Defender of the faith &ca. To all & singular our Justices of the peace Sheriffs Constables and to all other our Officers and Subjects within our said Province and to each of you Greeting. f SEAL J Know ye that whereas in and by an Act of Parliament made in the //w>[four]teenth year of [the reign of] the late King 1762] WRIT OF ASSISTANCE 107 Charles the second it is declared to be [the Officers of our Customs & their Deputies are authorized and impowered to go & enter aboard any Ship or Vessel outward or inward bound for the pur poses in^e said Act mentioned and it is also in & by the said Act further enacted & declared that it shall be] lawful [to or] for any person or persons authorized by Writ of assistants under the seal of pur Court of Exchequer to take a Constable Headborough or other publick Officer inhabiting near unto the place and in the day time to enter & go into any House Shop Cellar Warehouse or Room or other place and in case of resistance to break open doors chests trunks & other package there to seize and from thence to bring any kind of goods or merchandize whatsoever prohibited & uncustomed and to put and secure the same in his Majestys [our] Storehouse in the port next to the place where such seizure shall be made. And whereas in & by an Act of Parliament made in the seventh & eighth year of [the reign of the late] King William the third there is granted to the Officers for collecting and managing our revenue and inspecting the plantation trade in any of our planta tions [the same powers & authority for visiting & searching of Ships & also] to enter houses or warehouses to search for and seize any prohibited or uncustomed goods as are provided for the Officers of our Customs in England by the said last men tioned Act made in the fourteenth year of [the reign of] King Charles the Second, and the like assistance is required to be given to the said Officers in the execution of their office as by the said last mentioned Act is provided for the Officers in England . And whereas in and by an Act of our said Province of Massa chusetts bay made in the eleventh year of [the reign of] the late King William the third it is enacted & declared that our Superior Court of Judicature Court of Assize and General Goal delivery for our said Province shall have cognizance of all matters and things within our said Province as fully & amply to all intents & purposes as our Courts of King's Bench Common Pleas & Exchequer within our Kingdom of England have or ought to have. And whereas our Commissioners for managing and causing to be levied & collected our customs subsidies and other duties 108 WRIT OF ASSISTANCE [December 2 have [by Commission or Deputation under their hands & seal dated at London the 2 2d day of May in the first year of our Reign] deputed and impowered Charles Paxton Esquire to be Surveyor & Searcher of all the rates and duties arising and grow ing due to us at Boston in our Province aforesaid and [in & by said Commission or Deputation] have given him power to enter into [any Ship Bottom Boat or other Vessel & also into] any Shop House Warehouse Hostery or other place whatsoever to make diligent search into any trunk chest pack case truss or any other parcell or package whatsoever for any goods wares or merchandize prohibited to be imported or exported or whereof the Customs or other Duties have not been duly paid and the same to seize to our use In all things proceeding as the Law directs. Therefore we strictly Injoin & Command you & every one of you that, all excuses apart, you & every one of you permit the said Charles Paxton according to the true intent & form of the said commission or deputation and the laws & statutes in that behalf made & provided, [as well by night as by day from time to time to enter & go on board any Ship Boat or other Vessel riding lying or being within or coming to the said port of Boston or any Places or Creeks thereunto appertaining such Ship Boat or Vessel then & there found to search & oversee and the persons therein being strictly to examine touching the premises aforesaid & also according to the form effect and true intent of the said com mission or deputation] in the day time to enter & go into the vaults cellars warehouses shops & other places where any pro hibited goods wares or merchandizes or any goods wares or merchandizes for which the customs or other duties shall not have been duly & truly satisfied and paid lye concealed or are suspected to be concealed, according to the true intent of the law to inspect & oversee & search for the said goods wares & merchandize, And further to do and execute all things which of right and according to the laws & statutes in this behalf shall be to be done. And we further strictly Injoin & Command you and every one of you that to the said Charles Paxton Esqr you & every one of you from time to time be aiding assisting & helping in the execution of the premises as is meet. And this you or any of [you] in no wise omit at your perils. Witness 1762] TREATY OF PARIS 109 Thomas Hutchinson Esq at Boston the day of December in the Second year of our Reign Annoque Dom 1761 By order of Court N. H.1 Cler. No. 30. Treaty of Paris February 10, 1763 The Ohio and Mississippi valleys, claimed by the French in right of ex ploration and colonization, were also claimed by the English under early colonial grants and charters ; and these conflicting claims the boundary com missioners, appointed under the treaty of Aix-la-Chapelle, had been unable to reconcile. The Seven Years' war, known in America as the French and Indian war, began two years before the declaration of war by England against France formally opened hostilities in Europe. Washington's unsuccessful expedition against Fort Duquesne, in 1754, was followed in 1755 by the de feat of Braddock and the failure of the contemplated attack upon Canada; but some French forts in Nova Scotia were taken and the Acadians deported. The campaigns of 1756 and 1757 were also without substantial results for the English. The energy of Pitt, whom Newcastle was dbliged, in June, 1757, to receive into the ministry as secretary of state, turned the tide. In 1758, Louisburg, Niagara and Fort Duquesne were taken; in September, 1759, Quebec fell; and with the surrender of Montreal, in 1760, the French power in America came to an end. The war in Europe went on for three years longer. In June, 1 761, at the instance of France, negotiations for peace were opened; but the signature of the "family compact" between France and Spain, in August, caused them to be broken off. Pitt urged immediate war with Spain; but his views were not supported by the ministry, and he re signed. War against Spain was, however, declared in 1762, and English forces took Havana and Manila. In September, negotiations were resumed ; on November 3, preliminaries of peace were signed at Fontainebleau ; and on February 10, 1763, the treaty was concluded at Paris. The chief articles relating to America are given in the extracts following. In compensation for the loss of Florida, Spain received from France so much of Louisiana as lay west of the Mississippi river, including both sides of the river at its mouth. References. — Text in Chalmers's Collection of Treaties, I., 467-483. IV. His most Christian Majesty renounces all pretensions, which he has heretofore formed, or might form, to Nova Scotia or Acadia, in all its parts, and guaranties the whole of it, and with all its dependencies, to the King of Great Britain: more- 1 Nathaniel Hatch, one of the clerks of court. — ¦ Ed. 110 TREATY OF PARIS [February io over, his most Christian Majesty cedes and guaranties to his said Britannic Majesty, in full right, Canada, with all its dependen cies, as well as the Island of Cape Breton, and all the other islands and coasts in the gulph and river St. Laurence, and, in general, every thing that depends on the said countries, lands, islands, and coasts, with the sovereignty, property, possession, and all rights, acquired by treaty or otherwise, which the most Christian King, and the crown of France, have had till now over the said countries, islands, lands, places, coasts, and their inhabit ants . . . His Britannic Majesty, on his side, agrees to grant the liberty of the Catholic religion to the inhabitants of Canada: he will consequently give the most precise and most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion, according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britan nic Majesty further agrees, that the French inhabitants, or others who had been subjects of the most Christian King in Canada, may retire, with all safety and freedom, wherever they shall think proper, and may sell their estates, provided it be to subjects of his Britannic Majesty, and bring away their effects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of criminal pros ecutions : the term limited for this emigration shall be fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. V. The subjects of France shall have the liberty of fishing and drying, on a part of the coasts of the Island of Newfoundland, such as it is specified in the XHIth article of the treaty of Utrecht; which article is renewed and confirmed by the present treaty (except what relates to the island of Cape Breton, as well as to the other islands and coasts in the mouth and in the gulph of St. Laurence:) and his Britannic Majesty consents to leave to the subjects of the most Christian King the liberty of fishing in the gulph St. Laurence, on condition that the subjects of France do not exercise the said fishery but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent, as those of the islands situated in the said gulph of St. Laurence. And as to what relates to the fishery on the coasts of the island of Cape Breton out of the said gulph, 1763] TREATY OF PARIS III the subjects of the most Christian King shall not be permitted to exercise the said fishery but at the distance of fifteen leagues from the coasts of the island of Cape Breton; and the fishery on the coasts of Nova Scotia or Acadia, and every where else out of the said gulph, shall remain on the foot of former treaties. VI. The King of Great Britain cedes the islands of St. Pierre and Miquelon, in full right, to his most Christian Majesty, to serve as a shelter to the French fishermen: and his said most Christian Majesty engages not to fortify the said islands; to erect no building upon them, but merely for the convenience of the fishery ; and to keep upon them a guard of fifty men only for the police. VII. ... it is agreed, that, for the future, the confines between the dominions of his Britannic Majesty, and those of his most Christian Majesty, in that part of the world, shall be fixed irrev ocably by a line drawn along the middle of the river Mississippi, from its source to the river Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain, to the sea ; and for this purpose, the most Christian King cedes in full right, and guaranties to his Britannic Majesty, the river and port of the Mobile, and every thing which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of New Orleans, and the island on which it is situated, which shall remain to France; provided that the navigation of the river Mississippi shall be equally free, as well to the subjects of Great Britain as to those of France, in its whole breadth and length, from its source to the sea, and expresly that part which is between the said island of New Orleans and the right bank of that river, as well as the passage both in and out of its mouth. It is further stipulated, that the vessels belonging to the subjects of either nation shall not be stopped, visited, or subjected to the payment of any duty whatsoever. The stipulations, inserted in the IVth article, in favour of the inhabitants of Canada, shall also take place with regard to the inhabitants of the countries ceded by this article. VIII. The King of Great Britain shall restore to France the islands of Guadeloupe, of Marie Galante, of Desirade, of Mar- tinico, and of Belleisle; and the fortresses of these islands shall 112 TREATY OF PARIS [February ic be restored in the same condition they were in when they were conquered by the British arms . . . IX. The most Christian King cedes and guaranties to his Britannic Majesty, in full right, the islands of Grenada, and of the Grenadines, with the same stipulations in favour of the in habitants of this colony, inserted in the IVth article for those of Canada : and the partition of the islands, called Neutral, is agreed and fixed, so that those of St. Vincent, Dominica, and Tobago, shall remain in full right to Great Britain, and that of St. Lucia shall be delivered to France. . . . XIX. The King of Great Britain shall restore to Spain all the territory, which he has conquered in the island of Cuba, with the fortress of the Havana, and this fortress, as well as all the other fortresses of the said island, shall be restored in the same con dition they were in when conquered by his Britannic Majesty's arms . . . XX. In consequence of the restitution stipulated in the pre ceding article, his Catholic Majesty cedes and guaranties, in full right, to his Britannic Majesty, Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of North America, to the east, or to the south-east, of the river Mississippi; and, in general, every thing that depends on the said countries, and lands . . . His Britannic Majesty agrees, on his side, to grant to the inhabitants of the countries, above ceded, the liberty of the Catholic religion: he will conse quently give the most express and the most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion, according to the rites of the Romish church, as far as the laws of Great Britain permit: [the Spanish inhabitants to be permitted to remove, or to sell their estates, under conditions as in Art. IV.] It is moreover stipulated, that his Catholic Majesty shall have power to cause all the effects, that may belong to him, to be brought away, whether it be artillery or other things. ******** 1763] ROYAL PROCLAMATION CONCERNING AMERICA 113 No. 31. Royal Proclamation concerning America October 7, 1763 The principal objects of the royal proclamation of 1 763 were, to provide for the government of the British possessions .in America which had been acquired by the treaty of Paris; to define certain interior boundaries; and to regulate trade and intercourse with the Indians. References. — Text in the Annual Register (1763), 208-213. Whereas we have taken into our royal consideration the exten sive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace concluded at Paris the 10th day of February last; ... we have thought fit . ... hereby to publish and declare to all our loving subjects, that we have, with the advice of our said privy council, granted our letters . patent under our great seal of Great Britain, to erect within the countries and islands, ceded and confirmed to us by the said treaty, four distinct and separate governments, stiled and called by the names of Quebec, East Florida, West Florida, and Gre nada, and limited and bounded as follows, viz. First, the government of Quebec, bounded on the Labrador coast by the river St. John, and from thence by a line drawn from the head of that river, through the lake St. John, to the South end of the lake Nipissim; from whence the said line, crossing the river St. Lawrence and the lake Champlain in 45 degrees of North latitude, passes along the High Lands, which divide the rivers that empty themselves into the said river St. Lawrence, from those which fall into the sea; and also along the North coast of the Bayes des Chaleurs, and the coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the mouth of the river St. Lawrence by the West end of the island of Anticosti, terminates at the aforesaid river St. John. Secondly, The government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola river; to the Northward, by a line drawn from that part of the said river where the Catahoochee and Flint rivers meet, to the source of St. 114 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 7 Mary's river, and by the course of the said river to the Atlantic Ocean ; and to the East and South by the Atlantic Ocean, and the Gulph of Florida, including all islands within six leagues of the sea coast. Thirdly, The government of West Florida, bounded to the Southward by the Gulph of Mexico, including all islands within six leagues of the coast from the river Apalachicola to lake Pontchartrain ; to the Westward by the said lake, the lake Mau- repas, and the river Mississippi; to the Northward, by a line drawn due East from that part of the river Mississippi which lies in thirty-one degrees North latitude, to the river Apalachicola, or Catahoochee; and to the Eastward by the said river. Fourthly, The government of Grenada, comprehending the island of that name, together with the Grenadines, and the islands of Dominico, St. Vincent, and Tobago. And to the end that the open and free fishery of our subjects may be extended to, and carried on upon the coast of Labrador and the adjacent islands, we have thought fit ... to put all that coast, from the river St. John's to Hudson's Streights, together with the islands of Anticosti and Madelane, and all other smaller islands lying upon the said coast, under the care and inspection of our governor of Newfoundland. We have also . . . thought fit to annex the islands of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our government of Nova Scotia. We have also . . . annexed to our province of Georgia, all the lands lying between the rivers Attamaha and St. Mary's. And ... we have . . given express power and direction to our governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general assemblies within the said governments respectively, in such manner and form as is used and directed in those colonies and provinces in America, which are under our immediate government; and we have also given power to the said governors, with the consent of our said coun cils, and the representatives of the people, so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordi nances for the public peace, welfare, and good government of our 1763] ROYAL PROCLAMATION CONCERNING AMERICA 115 said colonies, and of the people and inhabitants thereof, as near as may be, agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies; and in the mean time, and until such assemblies can be called as afore said, all persons inhabiting in, or resorting to, our said colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England : for which purpose we have given power under our great seal to the governors of our said colonies respectively, to erect and constitute, with the advice of our said councils respectively, courts of judicature and public justice within our said colonies, for the hearing and determining all causes as well criminal as civil, according to law and equity, and as near as may be, agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such courts, in all civil cases, to appeal, under the usual limitations and restrictions, to us, in our privy council. [Governors of the three new continental colonies may grant land therein.] And ... we do hereby command and impower our governors of our said three new colonies, and other our governors of our several provinces on the continent of North America, to grant, without fee or reward, to such reduced officers as have served in North America during the late war, and are actually residing there, and shall personally apply for the same, the following quantities of land, subject, at the expiration of ten years, to the same quit rents as other lands are subject to in the province within which they are granted, as also subject to the same condi tions of cultivation and improvement, viz. To every person having the rank of a field officer, 5000 acres. To every captain, 3000 acres. To every subaltern or staff officer, 2000 acres. To every non-commission officer, 200 acres. To every private man 50 acres. We do likewise authorise and require the governors and com manders in chief of all our said colonies upon the continent of North America to grant the like quantities of land, and upon the same conditions, to such reduced officers of our navy of like rank, as served on board our ships of war in North America at the times of the reduction of Louisbourg and Quebec in the late Il6 ROYAL PROCLAMATION CONCERNING AMERICA [Oct. 7 war, and who shall personally apply to our respective governors for such grants. And whereas it is just and reasonable, and essential to our interest, and the security of our colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds; we do . . . declare it to be our royal will and pleasure, that no governor, or commander in chief, in any of our colonies of Quebec, East Florida, or West Florida, do presume, upon any pretence whatever, to grant war rants of survey, or pass any patents for lands beyond the bounds of their respective governments, as described in their commissions ; as also that no governor or commander in chief of our other colo nies or plantations in America, do presume for the present, and until our further pleasure be known, to grant warrant of survey, or pass patents for any lands beyond the heads or sources of any of the rivers which fall into the Atlantic Ocean from the west or north-west; or upon any lands whatever, which not having been ceded to, or purchased by us, as aforesaid, are reserved to the said Indians, or any of them. And we do further declare it to be our royal will and pleasure, for the present, as aforesaid, to reserve under our sovereignty, protection, and dominion, for the use of the said Indians, all the land and territories not included within the limits of our said three new governments, or within the limits of the territory granted to the Hudson's Bay company; as also all the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west as aforesaid . . . [Persons who have inadvertently settled upon such reserved lands to remove. No sale of Indian lands to be allowed, except to the Crown. The Indian trade to be free to English subjects, under licence from the governor or commander in chief of some colony. Fugitives from justice, taking refuge in this reserved territory, to be apprehended and returned.] 1764] SUGAR ACT 117 No. 32. Sugar Act April 5, 1764 Although the Seven Years' war had left Great Britain with a heavy debt, the expense of protecting the English possessions in America seemed likely to increase rather than diminish. The direct advantages of the expulsion of the French had accrued mainly to the colonies, and it seemed proper to the ministry that a revenue should be raised in America for the support of the military establishment there. In connection with the plan for a colonial army, it was the desire to provide stronger support for the repre sentatives of the crown, and to put an end to the widespread violation of the acts of trade. "February 23, 1763, Charles Townshend became first lord of trade, with the administration of the colonies, and he inaugurated, with the support of the ministry, the new system of colonial government. It was announced by authority that there were to be no more requisitions from the king to the colonial assemblies for supplies, but that the colonies were to be taxed by act of Parliament. Colonial governors and judges were to be paid by the Crown ; they were to be supported by a standing army of twenty regi ments; and all the expenses of this force were to be paid by parliamentary taxation" (Johnston). Grenville, who succeeded Bute in April as prime minister, was committed to this policy, and in May the Lords of Trade were called upon to submit a plan of colonial taxation. The duties prescribed by the Molasses Act of 1733 [No. 28] were prohibitory, and the statute itself had remained inoperative. To provide in part for the intended revenue, the act of April 5, 1764, known as the Sugar Act, was now passed, imposing duties upon certain colonial imports and exports. The Molasses Act was also made perpetual, but with a reduction by one-half of the duty on molasses and sugar. The extracts following give the important sections of the act, omitting technical and administrative provisions. References. — Text in Pickering's Statutes at Large, XXVI., 33-52. The act is cited as 4 Geo. IIL, c. 15. .On the act see especially Beer's Com mercial Policy of England, chap. 8, and references there cited. An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual . . . [the Molasses Act of 1733] . . . ; for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, pro tecting, and securing the said colonies and plantations ; for ex plaining . . . [the Navigation Act of 1672] . . . ; and for alter ing and disallowing several drawbacks on exports from this king dom, and more effectually preventing the clandestine conveyance of goods tQ and from ihe said colonies and plantations, and im- Il8 SUGAR ACT [April 5 proving and securing the trade between the same and Great Britain. WHEREAS it is expedient that new provisions and regulations should be established for improving the revenue of this Kingdom, and for extending and securing the navigation and commerce between Great Britain and your Majesty's dominions in America, which, by the peace, have been so happily enlarged: and whereas it is just and necessary, that a revenite be raised, in your Majesty's said dominions in America, for defraying the expences of defending, protecting, and securing the same; . . be it enacted . . . , That from and after . [September 29, 1764,] . . . there shall be raised, levied, collected, and paid, unto his Majesty . . . , for and upon all white or clayed sugars of the produce or manu facture of any colony or plantation in America, not under the dominion of his Majesty . . . ; for and upon indico, and coffee of foreign produce or manufacture; for and upon all wines (except French wine;) for and upon all wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of Persia, China, or East India, and all callico painted, dyed, printed, or stained there; and for and upon all foreign linen cloth called Cambrick and French Lawns, which shall be imported or brought into any colony or plantation in America, which now is, or here after may be, under the dominion of his Majesty . . , the several rates and duties following; that is to say, For every hundred weight avoirdupois of such foreign white or clayed sugars, one pound two shillings, over and above all other duties imposed by any former act of parliament. For every pound weight avoirdupois of such foreign indico, six pence. For every hundred weight avoirdupois of such foreign coffee, which shall be imported from any place except Great Britain, two pounds, nineteen shillings, and nine pence. For every ton of wine of the growth of the Madeiras, or of any other island or place from whence such wine may be lawfully imported, and which shall be so imported from such islands or places, the sum of seven pounds. For every ton of Portugal, Spanish, or any other wine (except French wine) imported from Great Britain, the sum of ten shillings, 1764] SUGAR ACT 119 For every pound weight avoirdupois of wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of Persia, China, or East India, imported from Great Britain, two shillings. For every piece of callico painted, dyed, printed, or stained, in Persia, China, or East India, imported from Great Britain, two shillings and six pence. For every piece of foreign linen cloth, called Cambrick, im ported from Great Britain, three shillings. For every piece of French lawn imported from Great Britain three shillings. . . . II. And it is hereby further enacted . . . That from and after . . . [September 29, 1764] . . . there shall also be raised, levied, collected, and paid, unto his Majesty . . . , for and upon all coffee and pimento of the growth and produce of any British colony or plantation in America, which shall be there laden on board any British ship or vessel, to be carried out from thence or any other place whatsoever, except Great Britain, the several rates and duties following; that is to say, III. For every hundred weight avoirdupois of such British coffee, seven shillings. For every pound weight avoirdupois of such British pimento, one halfpenny. . . . [Sections V. and VI. continue the Molasses Act in force until Sept. 30, 1764, after which it is to be perpetual, subject to the changes in this present act.] VI. And be it further enacted . . . , That in lieu and instead of the rate and duty imposed by the said act upon melasses and syrups, there shall, from and after . . . [September 29, 1764] . . . , be raised, levied, collected, and paid, unto his Majesty . . . , for and upon every gallon of melasses or syrups, being the growth, produce, or manufacture, of any colony or plantation in America, not under the dominion of his Majesty . . . , which shall be imported or brought into any colony or plantation in America, which now is, or hereafter may be, under the dominion of his Majesty . . . , the sum of three pence. XI. And it is hereby further enacted . . . , That all the monies which, from and after . . . [September 29, 1764] . . . , shall arise by the several rates and duties herein before granted; and 120 SUGAR ACT [April 5 also by the duties which, from and after the said [date], shall be raised upon sugars and paneles, by virtue of . . [the Molasses Act] . . , (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same) shall be paid into the receipt of his Majesty's Exchequer, and shall be entered separate and apart from all other monies paid or payable to his Majesty . . : and shall be there reserved to be, from time to time, disposed of by parliament, towards defraying the necessary expences of defending, protecting, and securing, the British colonies and plantations in America. XVIII. And be it further enacted . . . , That from and after . . . [September 29, 1764] . . . , no rum or spirits of the produce or manufacture of any of the colonies or plantations in America, not in the possession or under the dominion of his Majesty . . . , shall be imported or brought into any of the colonies or planta tions in America which now are, or hereafter may be, in the possession or under the dominion of his Majesty . . . , upon for feiture of all such rum or spirits, together with the ship or vessel in which the same shall be imported, with the tackle, apparel, and furniture thereof. . . . XIX. And it is hereby further enacted . . . , That from and after . . . [September 29, 1764] . . , nothing in . . . [the Molasses Act,] ... or any other act of parliament, shall ex tend, or be construed to extend, to give liberty to any person or persons whatsoever to import into the kingdom of Ireland, any sort of sugars, but such only as shall be fairly and bona fide loaden and shipped in Great Britain, and carried directly from thence in ships navigated according to law. * ******* XXVII. And it is hereby further enacted . . . , That from and after . . . [September 29, 1764] . . . , all coffee, pimento, cocoa nuts, whale fins, raw silk, hides, and skins, pot and pearl ashes, of the growth, production, or manufacture, of any British colony or plantation in America, shall be imported directly from thence into this kingdom, or some other British colony or plan tation . . . XXVIII. And it is hereby further enacted . . . , That from and after . . . [September 29, 1764] . . , no iron, nor any sort I764] SUGAR ACT 121 of wood, commonly called Lumber, as specified in an act passed in the eighth year of the reign of King George the First, intituled, An act for giving further encouragement for the importation of naval stores, and for other purposes therein mentioned, of the growth, production, or manufacture, of any British colony or plantation in America, shall be there loaden on board any ship or vessel to be carried from thence, until sufficient bond shall be given, with one surety besides the master of the vessel, to the collector or other principal officer of the customs at the loading port, in a penalty of double the value of the goods, with condi tion, that the said goods shall not be landed in any part of Eu rope except Great Britain. . . . XXIX. And, for the better preventing frauds in the importa tion or exportation of goods that are liable to the payment of duties, or are prohibited, in the British colonies or plantations in America, it is further enacted . . . , That from and after . . [September 29, 1764] . . . , no goods, wares, or merchandizes, of any kind whatsoever, shall be shipped or laden on board any ship or vessel in any of the British colonies or plantations in America, to be carried from thence to any other British colony or plantation, without a sufferance or warrant first had and ob tained from the collector or other proper officer of the customs at the port or place where such goods shall be intended to be put on Board. ... XXX. And whereas British vessels arriving from foreign parts at several of the out ports of this kingdom, fully or in part laden abroad with goods that are pretended to be destined to some foreign plantation, do frequently take on board some small par cels of goods in this kingdom which are entered outwards for some British colony or plantation, and a cocket and clearance thereupon granted for such goods, under cover of which the whole cargoes of such vessels are clandestinely landed in the British American dominions, contrary to several acts of parlia ment now in force, to the great prejudice of the trade and revenue of this kingdom; for remedy whereof, be it further enacted . . . , That from and after . . . [May 1, 1764,] ... no ship or vessel shall, upon any pretence whatsoever, be cleared outwards from any port of this kingdom, for any land, island, plantation, colony, territory, or place to his Majesty belonging, or 122 STAMP ACT [March 22 which shall hereafter belong unto or be in the possession or under the dominion of his Majesty . . . , in America, unless the whole and entire cargo of such ship or vessel shall be bona fide, and with out fraud, laden and shipped in this kingdom. . . . XXXI. Provided always, That this act shall not extend, nor be construed to extend, to forfeit, for want of such cocket or clearance, any salt laden in Europe for the fisheries in New England, Newfoundland, Pensylvanii, New York, and Nova Scotia, or any other place to which salt is or shall be allowed by law to be carried ; wines laden in the Madeiras, of the growth thereof; and wines of the growth of the Western Islands, or Azores, and laden there; nor any horses, victuals, or linen cloth, of and from Ireland, which may be laden on board such ships or vessels. tJU 454, 473-475. 49°. 499-502. 5o6-5I1[; ror judicial decisions under the acts, ib., 451, 452. On the effect of the embargo, see Gallatin's annual report, Dec. 16, 1808, in Amer. State Papers, Finance, II. , 307-309. Carey's Olive Branch (ed. 1815) collects numerous documents for this period. The best general account is in Adams's United States, IV. An ACT laying an Embargo on all ships and vessels in the ports and harbors of the United Slates. Be it enacted . . . , That an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels under the immediate direction of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such foreign ship or vessel, when notified of this act. Sec 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which bond, and also a certificate from the collector where the same may be relanded, shall by the collector respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign power, are not to be considered as liable to the embargo laid by this act. 284 NON-INTERCOURSE ACT [March 1 No. 67. Non-Intercourse Act March 1, 1809 During the early part of the session of 1808-9 the Federalists made un successful attempts to secure the repeal of the embargo acts. In spite of its ruinous effect on American commerce, the embargo was still regarded with favor, except in New England. In February, 1809, however, the statement of J. Q. Adams regarding the dangerous condition of public feeling in New England led the Republican leaders to modify their policy. February 8 Wm. B. Giles of Virginia submitted in the Senate a resolution for the repeal of the embargo after March 4, except as to Great Britain and France, and to pro hibit commercial intercourse with those nations. February 14, by a vote of 22 to 9, the resolution was agreed to, after an unsuccessful attempt, led by Bayard, to strike out the non-intercourse clause. A bill in conformity with the resolution was introduced on the 16th, and on the 21st passed the Senate by a vote of 21 to 12. A bill to the same effect had been introduced in the House Feb. n, and was still under discussion; on the 22d, however, it was laid on the table, and the House took up the Senate bill in its place, finally passing it with amendments, on the 27th, by a vote of 81 to 40. The next day the Senate agreed to the House amendments, and March 1 the act was approved. References. — Text in U . S. Stat, at Large, II. , 528-533. The proceed ings of Congress are in the Journals, 10th Cong., 2d Sess.; for the discussions, including debates on the embargo and its enforcement, and British and French aggressions, see the Annals, or Benton's Abridgment, IV. A digest of deci sions under the non-intercourse acts is in U. S. Stat, at Large, II. , 528. An ACT to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies ; and for other purposes. Be it enacted . . , That from and after the passing of this act, the entrance of the harbors and waters of the United States and of the territories thereof, be, and the same is hereby inter dicted to all public ships and vessels belonging to Great Britain or France, excepting vessels only which may be forced in by distress, or which are charged with despatches or business from the govern ment to which they belong, and also packets having no cargo nor merchandise on board. And if any public ship or vessel as afore said, not being included in the exception above mentioned, shall enter any harbor or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the Presi- 1809] NON-INTERCOURSE ACT 285 dent of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces, or of the militia of the United States, or the territories thereof, as he shall deem necessary, to compel such ship or vessel to depart. Sec 2. And be it further enacted, That it shall not be lawful for any citizen or citizens of the United States or the territories thereof, nor for any person or persons residing or being in the same, to have any intercourse with, or to afford any aid or supplies to any public ship or vessel as aforesaid, which shall, contrary to the provisions of this act, have entered any harbor or waters within the jurisdiction of the United States or the territories thereof; and if any person shall, contrary to the provisions of this act, have any intercourse with such ship or vessel, or shall afford any aid to such ship or vessel, either in repairing the said vessel or in furnishing her, her officers and crew with supplies of any kind or in any manner whatever, or if any pilot or other per son shall assist in navigating or piloting such ship or vessel, unless it be for the purpose of carrying her beyond the limits and juris diction of the United States, every person so offending, shall for feit and pay a sum not less than one hundred dollars, nor exceeding ten thousand dollars ; and shall also be imprisoned for a term not less than one month, nor more than one year. Sec 3. And be it further enacted, That from and after the twentieth day of May next, the entrance of the harbors and waters of the United States and the territories thereof be, and the same is hereby interdicted to all ships or vessels sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either; vessels hired, chartered or employed by the government of either country, for the sole purpose of car rying letters or despatches, and also vessels forced in by distress or by the dangers of the sea, only excepted. And if any ship or vessel sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall after the said twentieth day of May next, arrive either with or without a cargo, within the limits of the United States or of the territories thereof, such ship or vessel, to gether with the cargo, if any, which may be found on board, shall be forfeited, and may be seized and condemned in any court of 286 NON-INTERCOURSE ACT [March i the United States or the territories thereof, having competent jurisdiction, and all and every act and acts heretofore passed, which shall be within the purview of this act, shall be, and the same are hereby repealed. Sec 4. And be it further enacted, That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandise whatever, from any port or place situated in Great Britain or Ireland, or in any of the colonies or dependencies of Great Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possession of either Great Britain or France. Nor shall it be lawful to import into the United States, or the terri tories thereof, from any foreign port or place whatever, any goods, wares or merchandise whatever, being of the growth, produce or manufacture of France, or of any of her colonies or dependencies, or being of the growth, produce or manufacture of Great Britain or Ireland, or of any of the colonies or depend encies of Great Britain, or being of the growth, produce or manu facture of any place or country in the actual possession of either France or Great Britain: Provided, that nothing herein con tained shall be construed to affect the cargoes of ships or vessels wholly owned by a citizen or citizens of the United States, which had cleared for any port beyond the Cape of Good Hope, prior to . . . [December 22, 1807,] ... or which had departed for such port by permission of the President, under the acts supple mentary to the act laying an embargo on all ships and vessels in the ports and harbors of the United States. ******** Sec ii. And be it further enacted, That the President of the United States be, and he hereby is authorized, in case either France or Great Britain shall so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States, to declare the same by proclamation; after which the trade of the United States, suspended by this act, and by the . . . [Embargo Act] . . . and the several acts supplementary thereto, may be renewed with the nation so doing : 1 . . . Sec 12. And be it further enacted, That so much of the . . . 1 See act of March 2, 1811 (Stat, at Large, II., 651, 652). — Ed. 1809] NON-INTERCOURSE ACT 287 [Embargo Act] . . . and of the several acts supplementary thereto, as forbids the departure of vessels owned by citizens of the United States, and the exportation of domestic and foreign merchandise to any foreign port or place, be and the same is hereby repealed, after . . . [March 15, 1809,] . . . except so far as they relate to Great Britain or France, or their colonies or dependencies, or places in the actual possession of either. . . . Sec 13. And be it further enacted, That during the continu ance of so much of the . . . [Embargo Act], . . . and of the several acts supplementary thereto, as is not repealed by this act, no ship or vessel bound to a foreign port, with which commercial intercourse shall, by virtue of this act, be again permitted, shall be allowed to depart for such port, unless the owner or owners, consignee or factor of such ship or vessel shall, with the master, have given bond with one or more sureties to the United States, in a sum double the value of the vessel and cargo, if the vessel is wholly owned by a citizen or citizens of the United States; and in a sum four times the value, if the vessel is owned in part or in whole by any foreigner or foreigners, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to any port or place in Great Britain or France, or in the colonies or dependencies of either, or in the actual pos session of either, nor be directly or indirectly engaged during the voyage in any trade with such port, nor shall put any article on board of any other vessel; nor unless every other requisite and provision of the second section of the act, intituled "An act to enforce and make more effectual an act, intituled An act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto," * shall have been complied with. . . . Sec 14. And be it further enacted, That so much of the . . . [Embargo Act] . . . and of the several acts supplementary thereto, as compels vessels owned by citizens of the United States, bound to another port of the said States, or vessels licensed for the coasting trade, or boats, either not masted or not decked, to give bond, and to load under the inspection of a revenue officer, or renders them liable to detention, merely on account of the nature of their cargo, (such provisions excepted as relate to collection districts 1 Act of Jan. 9, 1809 (Stat, at Large, II. , 506-511). — Ed. 288 DECLARATION OF WAR [June 18 adjacent to the territories, colonies or provinces of a foreign nation, or to vessels belonging or bound to such districts) be, and the same is hereby repealed, from and after . . . [March 15, 1809] . . . ******** [Sec 17 repeals act of April 18, 1806, and supplementary act, after May 20.] *'* * * * * * * Sec 19. And be it further enacted, That this act shall con tinue and be in force until the end of the next session of Congress, and no longer; and that the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, shall be, and the same are hereby repealed from and after the end of the next session of Congress. No. 68. Declaration of War June 18, 1812 Madison's message of June 1 was referred in the House to the Committee on Foreign Relations. June 3 Calhoun reported from the committee a bill declaring war between the United States and Great Britain. The bill passed the House the following day by a vote of 79 to 49, after strong opposition. The bill with amendments was reported by a select committee of the Senate on the 8th; on the nth, by a vote of 17 to 13, it was recommitted. Several amendments were reported on the 12th, but were rejected by a tie vote; and by vote of 21 to n the first report of the committee, with amendments, was agreed to. Determined efforts were made to postpone or further amend the bill, but without success, and on the 17th the bill passed, by a vote of 19 to 13. On the 18th the House concurred in the Senate amendments, and on the same day the act was approved. A proclamation announcing the existence of war was issued June 19. References. — Text in U. S. Stat, at Large, II. , 755. For the proceed ings, see the House and Senate Supplementary Journals, 12th Cong., ist Sess. The discussions are reported briefly in the Annals, and in Benton's Abridg ment, IV. Calhoun's report is in Amer. State Papers, Foreign Relations, IIL, 567-570. The Orders in Council were withdrawn June 16; for the announce ment, June 23, see Annual Register, 1812, pp. 379-381. There is an analysis by States of the vote in the House, June 4, in McMaster's United States, IIL, 457, 458. For the address of the Federalist minority to their constituents, see the Annals, 2196-2221. i8r2] TREATY OF GHENT 289 An Act declaring War between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories. Be it enacted . . . , That war be and the same is hereby declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories ; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof. No. 69. Treaty of Ghent December 24, 1814 The offer of the Emperor of Russia to mediate between Great Britain and the United States was accepted by the latter, and on April 15, 1813, instruc tions were issued to commissioners. Great Britain, however, declined the offer of mediation, and suggested direct negotiation; the suggestion was ac cepted, additional commissioners were appointed, and new instructions is sued Jan. 28, 1814. The commissioners held their first conference at Ghent July n. The treaty was concluded Dec. 24; Feb. 17, 1815, ratifications were exchanged at Washington. The conclusion of the treaty was announced to Congress Feb. 20. References. — Text in U. S. Stat, at Large, VIII., 218-223. The diplo matic correspondence is in Amer. State Papers, Foreign Relations, III., 695- 748; IV., 808-811. For dispatches and instructions of the British commis sioners, see the Castlereagh Correspondence, series IIL, vol. II. The diary of J. Q. Adams during the negotiations is in his Memoirs, II. , 603-662; IIL, 3-144. Clay's letters are in Colton's Private Correspondence of Henry Clay, 24-44;' Gallatin's, in Adams's Writings of Gallatin, I., 545-647. See also Treaties and Conventions (ed. 1889), 1326-1328, notes on the treaty by J. C. B. Davis. Article the First. There shall be a firm and universal peace between His Britan nic Majesty and the United States, and between their respective 290 TREATY OF GHENT [December 24 countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places, and possessions whatsoever, taken by either party from the other, during the war, or which may be taken after the sign ing of this treaty, excepting only the islands hereinafter men tioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belong ing to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner whatever, be construed to affect the right of either. Article the Fourth. Whereas it was stipulated by the second article in the treaty of peace . . [of 1783] . . . that the boundary of the United States should comprehend all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia, on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia ; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, 2814] TREATY OF GHENT 291 and the island of Grand Menan in the said Bay of Fund/, are claimed by the United States as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic Majesty, as having been at the time of, and previous to, the aforesaid treaty . . . , within the limits of the province of Nova-Scotia : In order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two commissioners to be appointed in the following manner, viz: one commissioner shall be appointed by his Britannic Majesty, and one by the president of the United States, by and with the advice and consent of the Senate thereof . . . [The commis sioners to meet at St. Andrews, N. B. In case of disagreement, the matter to be referred to the decision of some friendly Power.1] Article the Fifth. Whereas neither that point of the high lands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two powers as the northwest angle of Nova-Scotia, nor the northwesternmost head of Con necticut river, has yet been ascertained; and whereas that part of the boundary line between the dominions of the two powers which extends from the source of the river St. Croix directly north to the abovementioned northwest angle of Nova-Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean to the northwesternmost head of Con necticut river, thence down along the middle of that river to the forty-fifth degree of north latitude; thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed : it is agreed, that for these several purposes two commissioners shall be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in the pres ent article. [The commissioners to meet at St. Andrews, N. B. Boundary to be surveyed and marked. In case of disagreement, the matter to be referred to the decision of some friendly Power, as in Art. IV.] 1 For the declaration and decision of the commissioners under this article Nov. 24, 1817, see Treaties and Conventions (ed. 1889), 405, 406. — Ed. 292 TREATY OF GHENT [December 24 Article the Sixth. Whereas, by the former treaty of peace that portion of the boun dary of the United States from the point where the forty-fifth degree of north latitude strikes the river Iroquois or Cataraguy to the lake Superior, was declared to be "along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie, thence along the middle of said communication into lake Erie, through the middle of said lake until it arrives at the water communication into the lake Huron, thence through the middle of said lake to the water communication between that lake and lake Superior." And whereas doubts have arisen what was the middle of the said river, lakes and water communica tions, and whether certain islands lying in the same were within the dominions of his Britannic majesty or of the United States: In order, therefore, finally to decide these doubts, they shall be referred to two commissioners, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless other wise specified in this present article. [The commissioners to meet at Albany. Boundary to be designated. In case of dis agreement, the matter to be referred to the decision of some friendly power, as in Art. IV.1] Article the Seventh. [The commissioners provided for in Art. VI. to determine the boundary between Lakes Huron and Superior and the Lake of the Woods. In case of disagreement, the matter to be referred to the decision of some friendly Power, as in Art. IV.] ******** Article the Ninth. The United States of America engage to put an end, immedi ately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war 1 For the decision of the commissioners under this article, June 22, 1822, see Treaties and Conventions (ed. 1889), 407-4,09. — Ed. 1814] REPORT OF THE HARTFORD CONVENTION 293 at the time of such ratification; and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in . . . [1811] . . . , previous to such hostilities : Provided always, That such tribes or nations shall agree to desist from all hostilities, against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. And his Britan nic Majesty engages, on his part, to put an end immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to, in . . . [1811] . . . , previous to such hostilities: Provided always, that such tribes or nations shall agree to desist from all hostilities against his Britan nic majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. Article the Tenth. Whereas the traffic in slaves is irreconcileable with the prin ciples of humanity and justice, and whereas both his Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the con tracting parties shall use their best endeavors to accomplish so desirable an object. * * * * * * * * 1 No. 70. Report of the Hartford Convention January 4, 1815 Early in 1814 many towns in Massachusetts presented memorials to the legislature, setting forth the dangers to which the war with Great Britain ex posed them, and suggesting the appointment of delegates, "to meet delegates from such other States as might think proper to appoint them, for the purpose 1 Signed: " Gambier, Henry Goulburn, William Adams, John Quincy Adams, J. A. Bayard, H- Clay, Jona. Russell, Albert Gallatin." — Ed. 294 REPORT OF THE HARTFORD CONVENTION [Jan. 4 of devising proper measures to procure the united efforts of the commercial states, to obtain such amendments and explanations of the constitution as will secure them from further evils" (Dwight). The matter was favorably con sidered by the legislature, and Oct. 18 twelve delegates were elected in a joint session of the two houses, by a vote of 226 to 67. The action of Massachu setts was followed by the election of seven delegates by the legislature of Con necticut, which already had under consideration suggestions of a similar nature, and of four delegates by the legislature of Rhode Island. The dele gates thus chosen, together with two from New Hampshire and one from Vermont, representing local conventions in those States, met at Hartford Dec. 15, and remained in session until Jan. 5, 1815. The proceedings of the convention were secret, but the report, from which an extract follows, was published and widely circulated. The legislatures of Massachusetts and Connecticut sent commissioners to Washington to urge the submission of the amendments to the Constitution suggested by the convention; but the war had ended before they arrived, and their recommendations were disregarded. The injunction of secrecy laid upon the members of the convention, and the failure to make public the journal, led to the impression that the proceedings were of a treasonable nature, and had in view a dissolution of the Union. References. — Text in Dwight's History of the Hartford Convention (ed. 1833), 352-379; the extract here given is on pp. 368-379. The report is also in Niles's Register, VIL, 305-313, where are also, pp. 328-332, com mercial and financial statistics published by order of the convention. The journal is also in Dwight, op. cit., 383-398. R. M. Sherman's account of the convention is in Niles's Register, XXXIX., 434, 435; see also ib., VIL, 185- 189, 193-197, 257, 258, 321-326, 337, 338, 369-371, a series of articles hostile to the convention. [After severe general criticism of the Administration, and of the policy by which "this remote country, once so happy and so envied," is now "involved in a ruinous war, and excluded from intercourse with the rest of the world," the report continues :] To investigate and explain the means whereby this fatal reverse has been effected, would require a voluminous discussion. Noth ing more can be attempted in this report than a general allusion to the principal outlines of the policy which has produced this vicis situde. Among these may be enumerated ¦ — ¦ First. — A deliberate and extensive system for effecting a com bination among certain states, by exciting local jealousies and ambition, so as to secure to popular leaders in one section of the Union, the controul of public affairs in perpetual succession. To which primary object most other characteristics of the system may be reconciled. Secondly. — The political intolerance displayed and avowed in 1815] REPORT OF THE HARTFORD CONVENTION 295 excluding from office men of unexceptionable merit, for want of adherence to the executive creed. Thirdly. — The infraction of the judiciary authority and rights, by depriving judges of their offices in violation of the constitu tion. Fourthly. — The abolition of existing taxes, requisite to prepare the country for those changes to which nations are always ex posed, with a view to the acquisition of popular favour.- Fifthly. — The influence of patronage in the distribution of offices, which in these states has been almost invariably made among men the least entitled to such distinction, and who have sold themselves as ready instruments for distracting public opin ion, and encouraging administration to hold in contempt the wishes and remonstrances of a people thus apparently divided. Sixthly. — The admission of new states into the Union formed at pleasure in the western region, has destroyed the balance of power which existed among the original States, and deeply affected their interest. Seventhly. — The easy admission of naturalized foreigners, to places of trust, honour or profit, operating as an inducement to the malcontent subjects of the old world to come to these States, in quest of executive patronage, and to repay it by an abject de votion to executive measures. Eighthly. — Hostility to Great Britain, and partiality to the late government of France, adopted as coincident with popular preju dice, and subservient to the main object, party power. Connected with these must be ranked erroneous and distorted estimates of the power and resources of those nations, of the probable results of their controversies, and of our political relations to them re spectively. Lastly and principally. ¦ — ¦ A visionary and superficial theory in regard to commerce, accompanied by a real hatred but a feigned regard to its interests, and a ruinous perseverance in efforts to render it an instrument of coercion and war. But it is not conceivable that the obliquity of any administra tion could, in so short a period, have so nearly consummated the work of national ruin, unless favoured by defects in the constitu tion. To enumerate all the improvements of which that instrument is 296 REPORT OF THE HARTFORD CONVENTION [Jan. 4 susceptible, and to propose such amendments as might render it in all respects perfect, would be a task which this convention has not thought proper to assume. They have confined their atten tion to such as experience has demonstrated to be essential, and even among these, some are considered entitled to a more serious attention than others. They are suggested without any intentional disrespect to other states, and are meant to be such as all shall find an interest in promoting. Their object is to strengthen, and if possible to perpetuate, the union of the states, by removing the grounds of existing jealousies, and providing for a fair and equal representation, and a limitation of powers, which have been mis used. The first amendment proposed, relates to the apportionment of representatives among the slave holding states. This cannot be claimed as a right. Those states are entitled to the slave represen tation, by a constitutional compact. It is therefore merely a subject of agreement, which should be conducted upon principles of mutual interest and accommodation, and upon which no sensi bility on either side should be permitted to exist. It has proved unjust and unequal in its operation. Had this effect been fore seen, the privilege would probably not have been demanded; certainly not conceded. Its tendency in future will be adverse to that harmony and mutual confidence which are more conducive to the happiness and prosperity of every confederated state, than a mere preponderance of power, the prolific source of jealousies and controversy, can be to any one of them. The time may therefore arrive, when a sense of magnanimity and justice will reconcile those states to acquiesce in a revision of this article, especially as a fair equivalent would result to them in the appor tionment of taxes. The next amendment relates to the admission of new states into the Union. This amendment is deemed to be highly important, and in fact indispensable. In proposing it, it is not intended to recognize the right of Congress to admit new states without the original limits of the United States, nor is any idea entertained of disturb ing the tranquillity of any state already admitted into the Union. The object is merely to restrain the constitutional power of Con gress in admitting new states. At the adoption of the constitution, 1815] REPORT OF THE HARTFORD CONVENTION 297 a certain balance of power among the original parties was consid ered to exist, and there was at that time, and yet is among those parties, a strong affinity between their great and general interests. — By the admission of these states that balance has been materi ally affected, and unless the practice be modified, must ultimately be destroyed. The southern states will first avail themselves of their new confederates to govern the east, and finally the western states, multiplied in number, and augmented in population, will control the interests of the whole. Thus for the sake of present power, the southern states will be common sufferers with the east, in the loss of permanent advantages. None of the old states can find an interest in creating prematurely an overwhelming western influence, which may hereafter discern (as it has heretofore) bene fits to be derived to them by wars and commercial restrictions. The next amendments proposed by the convention, relate to the powers of Congress, in relation to embargo and the interdic tion of commerce. Whatever theories upon the subject of commerce have hitherto divided the opinions of statesmen, experience has at last shown that it is a vital interest in the United States, and that its success is essential to the encouragement of agriculture and manufactures, and to the wealth, finances, defence, and liberty of the nation. Its welfare can never interfere with the other great interests of the state, but must promote and uphold them. Still those who are immediately concerned in the prosecution of commerce, will of necessity be always a minority of the nation. They are, however, best qualified to manage and direct its course by the advantages of experience, and the sense of interest. But they are entirely unable to protect themselves against the sudden and injudicious decisions of bare majorities, and the mistaken or oppressive proj ects of those who are not actively concerned in its pursuits. Of consequence, this interest is always exposed to be harassed, inter rupted, and entirely destroyed, upon pretence of securing other interests. Had the merchants of this nation been permitted by their own government to pursue an innocent and lawful commerce, how different would have been the state of the treasury and of public credit ! How short-sighted and miserable is the policy which has annihilated this order of men, and doomed their ships to rot in the docks, their capital to waste unemployed, and their 298 REPORT OF THE HARTFORD CONVENTION [Jan. 4 affections to be alienated from the government which was formed to protect them ! What security for an ample and unfailing reve nue can ever be had, comparable to that which once was realized in the good faith, punctuality, and sense of honour, which attached the mercantile class to the interests of the government ! Without commerce, where can be found the aliment for a navy; and with out a navy, what is to constitute the defence, and ornament, and glory of this nation ! No union can be durably cemented, in which every great interest does not find itself reasonably secured against the encroachment and combinations of other interests. When, therefore, the past system of embargoes and commercial restrictions shall have been reviewed — when the fluctuation and inconsistency of public measures, betraying a want of information as well as feeling in the majority, shall have been considered, the reasonableness of some restrictions upon the power of a bare majority to repeat these oppressions, will appear to be obvi ous. The next amendment proposes to restrict the power of making offensive war. In the consideration of this amendment, it is not necessary to inquire into the justice of the present war. But one sentiment now exists in relation to its expediency, and regret for its declaration is nearly universal. No indemnity can ever be attained for this terrible calamity, and its only palliation must be found in obstacles to its future recurrence. Rarely can the state of this country call for or justify offensive war. The genius of our institutions is unfavourable to its successful prosecution; the felicity of our situation exempts us from its necessity. In this case, as in the former, those more immediately exposed to its fatal effects are a minority of the nation. The commercial towns, the shores of our seas and rivers, contain the population whose vital interests are most vulnerable by a foreign enemy. Agricul ture, indeed, must feel at last, but this appeal to its sensibility comes too late. Again, the immense population which has swarmed into the west, remote from immediate danger, and which is constantly augmenting, will not be averse from the occasional disturbances of the Atlantic states. Thus interest may not unfre- quently combine with passion and intrigue, to plunge the nation into needless wars, and compel it to become a military, rather than a happy and flourishing people. These considerations, which 1815] REPORT OF THE HARTFORD CONVENTION 299 it would be easy to augment, call loudly for the limitation pro posed in the amendment. Another amendment, subordinate in importance, but still in a high degree expedient, relates to the exclusion of foreigners here after arriving in the United States from the capacity of holding offices of trust, honour, or profit. That the stock of population already in these states is amply sufficient to render this nation in due time sufficiently great and powerful, is not a controvertible question. Nor will it be seriously pretended, that the national deficiency in wisdom, arts, science, arms, or virtue, needs to be replenished from foreign countries. Still, it is agreed, that a liberal policy should offer the rights of hospitality, and the choice of settlement, to those who are disposed to visit the country. But why admit to a participation in the government aliens who were no parties to the compact — who are ignorant of the nature of our institutions, and have no stake in the welfare of the country but what is recent and transitory? It is surely a privilege sufficient, to admit them after due probation to become citizens, for all but political purposes. To extend it beyond these limits, is to encourage foreigners to come to these states as candidates for preferment. The Convention forbear to express their opinion upon the inauspicious effects which have already resulted to the honour and peace of this nation, from this misplaced and indiscriminate liberality. The last amendment respects the limitation of the office of President to a single constitutional term, and his eligibility from the same state two terms in succession. Upon this topic it is superfluous to dilate. The love of power is a principle in the human heart which too often impels to the use of all practicable means to prolong its duration. The office of President has charms and attractions which operate as power ful incentives to this passion. The first and most natural exertion of a vast patronage is directed towards the security of a new elec tion. The interest of the country, the welfare of the people, even honest fame and respect for the opinion of posterity, are secondary considerations. All the engines of intrigue, all the means of cor ruption are likely to be employed for this object. A President whose political career is limited to a single election, may find no other interest than will be promoted by making it glorious to him- 300 REPORT OF THE HARTFORD CONVENTION [Jan. 4 self, and beneficial to his country. But the hope of re-election is prolific of temptations, under which these magnanimous motives are deprived of their principal force. The repeated election of the President of the United States from any one state, affords inducements and means for intrigues, which tend to create an undue local influence, and to establish the domination of particu lar states. The justice, therefore, of securing to every state a fair and equal chance for the election of this officer from its own citizens is apparent, and this object will be essentially promoted by preventing an election from the same state twice in succession. ******** Therefore resolved, That it be and hereby is recommended to the legislatures of the several states represented in this Convention, to adopt all such measures as may be necessary effectually to protect the citizens of said states from the operation and effects of all acts which have been or may be passed by the Congress of the United States, which shall contain provisions, subjecting the militia or other citi zens to forcible drafts, conscriptions, or impressments, not author ised by the constitution of the United. States. Resolved, That it be and hereby is recommended to the said Legislatures, to authorize an immediate and earnest application to be made to the government of the United States, requesting their consent to some arrangement, whereby the said states may, separately or in concert, be empowered to assume upon them selves the defence of their territory against the enemy; and a reasonable portion of the taxes, collected within said States, may be paid into the respective treasuries thereof, and appropriated to the payment of the balance due said states, and to the future defence of the same. The amount so paid into the said treasuries to be credited, and the disbursements made as aforesaid to be charged to the United States. Resolved, That it be, and hereby is, recommended to the legis latures of the aforesaid states, to pass laws (where it has not already been done) authorizing the governors or commanders-in- chief of their militia to make detachments from the same, or to form voluntary corps, as shall be most convenient and conform able to their constitutions, and to cause the same to be well armed, equipped, and disciplined, and held in readiness for service; and 1815] REPORT OF THE HARTFORD CONVENTION 301 upon the request of the governor of either of the other states to employ the whole of such detachment or corps, as well as the regular forces of the state, or such part thereof as may be re quired and can be spared consistently with the safety of the state, in assisting the state, making such request to repel any invasion thereof which shall be made or attempted by the public enemy. Resolved, That the following amendments of the constitution of the United States be recommended to the states represented as aforesaid, to be proposed by them for adoption by the state legis latures, and in such cases as may- be deemed expedient by a con vention chosen by the people of each state. And it is further recommended, that the said states shall perse vere in their efforts to obtain such amendments, until the same shall be effected. First. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers of free persons, including those bound to serve for a term of years, and excluding Indians not taxed, and all other persons. Second. No new state shall be admitted into the Union by Congress, in virtue of the power granted by the constitution, with out the concurrence of two thirds of both houses. Third. Congress shall not have power to lay any embargo on the ships or vessels of the citizens of the United States, in the ports or harbours thereof, for more than sixty days. Fourth. Congress shall not have power, without the concur rence of two thirds of both houses, to interdict the commercial intercourse between the United States and any foreign nation, or the dependencies thereof. Fifth. Congress shall not make or declare war, or authorize acts of hostility against any foreign nation, without the concur rence of two thirds of both houses, except such acts of hostility be in defence of the territories of the United States when actually invaded. Sixth. No person who shall hereafter be naturalized, shall be eligible as a member of the senate or house of representatives of the United States, nor capable of holding any civil office under the authority of the United States. Seventh. The same person shall not be elected president of 302 ACT FOR A NATIONAL BANK [April io the United States a second time ; nor shall the president be elected from the same state two terms in succession. No. 71. Act for a National Bank April 10, 1816 The charter of the first bank of the United States expired in 1811, and the effort to renew it was unsuccessful. A bill to incorporate a bank was vetoed by Madison Jan. 30, 1815. In his annual message, Dec. 5, 1815, Madison urged the necessity of an uniform national currency, and suggested a national bank. In the House this part of the message was referred to a select com mittee, of which Calhoun was chairman, and Jan. 8, 1816, Calhoun reported a bill to incorporate the subscribers to the Bank of the United States. The bill was not taken up until Feb. 26; it was then considered at nearly every session until March 14, when it passed by a vote of 80 to 71. The bill with amendments passed the Senate April 3, by a vote of 22 to 12. April 5 the House concurred in the Senate amendments; on the 10th the act was ap proved. Only the significant portions of the act are here given. References. — Text in U. S. Stat, at Large, IIL, 266-277. For the pro ceedings see the House and Senate Journals, 14th Cong., ist Sess.; for the discussions see the Annals, or Benton's Abridgment, V. The speeches of Calhoun, Clay, and Webster (the latter against the bank) are of especial im portance. The letter of Dallas, Secretary of theTreasury, to Calhoun, outlin ing a plan for a national bank, is in A mer. State Papers, Finance, IIL, 57-61 ; the act followed in the main Dallas's suggestions. The veto message of Jan. 30, 1815, with the text of the bill, is in Amer. State Papers, Finance, II. , 891- 895; Spencer's report in the House, Jan. 16, 1819, on the conduct of the bank, ib., IIL, 306-391 ; the petition of the bank for changes in its charter, Jan. 12, 1821, ib., IIL, 586-594. The definitive history is Catterall's Second Bank of the United States. On the constitutionality of a national bank the leading case is McCulloch v. Maryland, 4 Wheaton, 316-437. Most of the discussion over the bank belongs to a later period. An Act to incorporate the subscribers to the Bank ofthe United States. Be it enacted . . . , That a bank of the United States of America shall be established, with a capital of thirty-five millions of dollars, divided into three hundred and fifty thousand shares, of one hun dred dollars each share. Seventy thousand shares, amounting to the sum of seven millions of dollars, part of the capital of the said bank, shall be subscribed and paid for by the United States, in the manner hereinafter specified; and two hundred and eighty 1816] ACT FOR A NATIONAL BANK 303 thousand shares, amounting to the sum of twenty-eight millions of dollars, shall be subscribed and paid for by individuals, companies, or corporations, in the manner hereinafter specified. . . .. Sec 8. And be it further enacted, That for the management of the affairs of the said corporation, there shall be twenty-five directors, five of whom, being stockholders, shall be annually appointed by the President of the United States, by and with the advice and consent of the Senate, not more than three of whom shall be residents of any one state ; and twenty of whom shall be annually elected at the banking house in the city of Philadelphia, on the first Monday of January, in each year, by the qualified stockholders of the capital of the said bank, other than the United States, and by a plurality of votes then and there actually given, according to the scale of voting hereinafter prescribed: Provided always, That no person, being a director in the bank of the United States, or any of its branches, shall be a director of any other bank . . . Sec. 9. And be it further enacted, . . . And the President of the United States is hereby authorized, during the present ses sion of Congress, to nominate, and, by and with the advice and consent of the Senate, to appoint, five directors of the said bank, though not stockholders, any thing in the provisions of this act to the contrary notwithstanding . . . Sec ii. And be it further enacted, That the following rules, restrictions, limitations, and provisions, shall form and be funda mental articles of the constitution of the said corporation, to wit: Eighth. The total amount of debts which the said corporation shall at any time owe, whether by bond, bill, note, or other con tract, over and above the debt or debts due for money deposited in the bank, shall not exceed the sum of thirty-five millions of dol lars, unless the contracting of any greater debt shall have been previously authorized by law of the United States. . . . ******** Ninth. The said corporation shall not, directly or indirectly, deal or trade in any thing except bills of exchange, gold or silver bullion, or in the sale of goods really and truly pledged for money lent and not redeemed in due time, or goods which shall be the proceeds of its lands. It shall not be at liberty to purchase any 304 ACT FOR A NATIONAL BANK [April 10 public debt whatsoever, nor shall it take more than at the rate of six per centum per annum for or upon its loans or discounts. Tenth. No loan shall be made by the said corporation, for the use or on account of the government of the United States, to an amount exceeding five hundred thousand dollars, or of any particu lar state, to an amount exceeding fifty thousand dollars, or of any foreign prince or state, unless previously authorized by a law of the United States. Fourteenth. The directors of the said corporation shall estab lish a competent office of discount and deposit in the District of Columbia, whenever any law of the United States shall require such an establishment; also one such office of discount and de posit in any state in which two thousand shares shall have been subscribed or may be held, whenever, upon application of the legislature of such state, Congress may, by law, require the same : . . . And it shall be lawful for the directors of the said corporation to establish offices of discount and deposit, wheresoever they shall think fit, within the United States or the territories thereof, and to commit the management of the said offices, and the business thereof, respectively to such persons, and under such regulations as they shall deem proper, not being contrary to law or the con stitution of the bank. Or instead of establishing such offices, it shall be lawful for the directors of the said corporation, from time to time, to employ any other bank or banks, to be first approved by the Secretary of the Treasury, at any place or places that they may deem safe and proper, to manage and transact the business proposed as aforesaid, other than for the purposes of discount, to be managed and transacted by such offices, under such agreements, and subject to such regulations, as they shall deem just and proper. . . . Fifteenth. The officer at the head of the Treasury Department of the United States shall be furnished, from time to time, as often as he may require, not exceeding once a week, with statements of the amount of the capital stock of the said corporation and of the debts due to the same; of the moneys deposited therein; of the notes in circulation, and of the specie in hand; and shall have a right to inspect such general accounts in the books of the bank as shall relate to the said statement : Provided, That this shall not 1816] ACT FOR A NATIONAL BANK 305 be construed to imply a right of inspecting the account of any private individual or individuals with the bank. . . . Sec. 14. And be it further enacted, That the bills or notes of the said corporation originally made payable, or which shall have become payable on demand, shall be receivable in all payments to the United States, unless otherwise directed by act of Congress. Sec 15. And be it further enacted, That during the continu ance of this act, and whenever required by the Secretary of the Treasury, the said corporation shall give the necessary facilities for transferring the public funds from place to place, within the United States, or the territories thereof, and for distributing the same in payment of the public creditors, without charging com missions or claiming allowance on account of difference of exchange, and shall also do and perform the several and respective duties of the commissioners of loans for the several states, or of any one or more of them, whenever required by law. Sec 16. And be it further enacted, That the deposits of the money of the United States, in places in which the said bank and branches thereof may be established, shall be made in said bank or branches thereof, unless the Secretary of the Treasury shall at. any time otherwise order and direct; in which case the Secretary of the Treasury shall immediately lay before Congress, if in ses sion, and if not, immediately after the commencement of the next session, the reasons of such order or direction. Sec 17. And be it farther enacted, That the said corporation shall not at any time suspend or refuse payment in gold and silver, of any of its notes, bills or obligations; nor of any moneys received upon deposit in said bank, or in any of its offices of dis count and deposit. . . . Sec 20. And be it further enacted, That in consideration of the exclusive privileges and benefits conferred by this act, upon the said bank, the president, directors, and company thereof, shall pay to the United States, out of the corporate funds thereof, the sum of one million and five hundred thousand dollars, in three equal payments; that is to say: five hundred thousand dollars at the expiration of two years; five hundred thousand dollars at the expiration of three years; and five hundred thousand dollars at the expiration of four years after the said bank shall be organized, and commence its operations in the manner herein before provided. 306 TREATY WITH SPAIN FOR THE FLORIDAS [Feb. 22 Sec 21. And be it further enacted, That no other bank shall be established by any future law of the United States during the continuance of the corporation hereby created, for which the faith of the United States is hereby pledged . . . [except in the Dis trict of Columbia}. . . . No. 72. Treaty with Spain for the Floridas February 22, 1819 Partly because of disputes regarding claims, and partly because of the establishment by the United States of a customs district which included Mo bile, the King of Spain refused to ratify the treaty of 1802. Efforts to adjust the differences between the two countries failed, and in 1808 diplomatic relations were broken off. October 27, 1810, Madison by proclamation directed Claiborne, governor of Orleans Territory, to take possession of West Florida for the United States, and secret acts of Jan. 15 and March 3, 1811, authorized the President to take temporary possession of East Florida. Dip lomatic relations were resumed in 1815, and a long correspondence followed, ending in the treaty of Feb. 22, 1819. The treaty was not ratified by Spain until Oct. 24, 1820, and was again ratified by the Senate Feb. 19, 1821. An act of March 3, 1821, authorized the President to take possession of East and West Florida in accordance with the treaty. References. — English and Spanish text in U. S. at Large, VIII., 252- 264. The diplomatic correspondence is in Amer. State Papers, Foreign Re lations, IV., V., and Annals, 15th Cong., 2d Sess., II. , appendix. For im portant contemporary views, see J. Q. Adams's Memoirs, IV., V.; Benton's Thirty Years' View, I., chap. 6 ; IL, chaps. 42, 155; Clay's speech on the treaty, in his Life and Speeches (ed. 1844), I., 392-404; and various letters of Gallatin, in his Writings (Adams's ed.), II. See also Wharton's Intern. Law Digest (ed. 1887), II. , 277-287; Donaldson's Public Domain, 108-120 (H. Misc. Doc, 47th Cong., 2d Sess., vol. 19). Article i. There shall be a firm and inviolable peace and sincere friend ship between the United States and their citizens, and his Catholic Majesty, his successors and subjects, without exception of persons or places. :8i9] TREATY WITH SPAIN FOR THE FLORIDAS 307 Article 2. His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. . . . Article 3. The boundary line between the two countries, west of the Mis sissippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 3 2d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Nachitoches, or Red River; then following the course of the Rio Roxo westward, to the degree of longitude 100 west from London and 23 from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Ar kansas; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But, if the source of the Arkansas river shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said parallel, to the South Sea : All the islands in the Sabine, and the said Red and Arkansas rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective. banks, shall be common to the respective inhabitants of both nations. 3IO-349> 384-4o5, 432-436; for his speech on Tyler's bank vetoes, ib., II. , 485-507. See also Kinley's Independent Treasury, chap. 2. An Act to provide for the better Organization of the Treasury, and for the Collection, Safe-Keeping, Transfer, and Disbursement of the public Revenue. ******** Be it enacted . . . , That the rooms prepared and provided in the new treasury building at the seat of government for the use of the treasurer of the United States, his assistants, and clerks, and occupied by them, and also the fireproof vaults and safes erected in said rooms for the keeping of the public moneys in the possession and under the immediate control of said treasurer, and such other apartments as are provided for in this act as places of deposit of the public money, are hereby constituted and declared to be the treasury of the United States. And all moneys paid into the same shall be subject to the draft of the treasurer, drawn agreeably to appropriations made by law. [Sections 2-4 provide that the mint at Philadelphia, the branch mint at New Orleans, and the places provided for at New York, Boston, Charleston, and St. Louis, under the act of July 4, 1840, for the use of receivers-general of public money, shall be places of deposit.] Sec 5. And be it further enacted, That the President shall nominate, and by and with the advice and consent of the Senate appoint, four officers to be denominated "assistant treasurers of the United States," which said officers shall hold their respective offices for the term of four years, unless sooner removed there from; one of which shall be located at the city of New York . . . ; one ... at the city of Boston . . . ; one ... at the city of Charleston . . . ; and one other at St. Louis . . . 376 INDEPENDENT TREASURY ACT [August 6 Sec. 6. And be it further enacted, That the treasurer of the United States, the treasurer of the mint of the United States, the treasurers, and those acting as such, of the various branch mints, all collectors of the customs, all surveyors of the customs acting also as collectors, all assistant treasurers, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character, be, and they are hereby, required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as allowed by this act, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper department or officer of the government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the gov ernment which may be imposed by this or any other acts of Con gress, or by any regulation of the treasury department made in conformity to law ; and also to do and perform all acts and duties required by law, or by direction of any of the Executive depart ments of the government, as agents for paying pensions, or for making any other disbursements which either of the heads of these departments may be required by law to make, and which are of a character to be made by the depositaries hereby constituted, consistently with the other official duties imposed upon them. Sec g. And be it further enacted, That all collectors and re ceivers of public money, of every character and description, within the District of Columbia, shall, as frequently as they may be directed by the Secretary of the Treasury, or the Postmaster- General so to do, pay over to the treasurer of the United States, at the treasury, all public moneys collected by them, or in their hands; that all such collectors and receivers of public moneys within the cities of Philadelphia and New Orleans shall, upon the same direction, pay over to the treasurers of the mints in their respective cities, at the said mints, all public moneys collected by them, or in their hands; and that all such collectors and receivers of public moneys within the cities of New York, Boston, Charles ton, and St. Louis, shall, upon the same direction, pay over to the assistant treasurers in their respective cities, at their offices, re- / / 1846] TREATY WITH MEXICO 377 spectively, all the public moneys collected by them, or in their hands, to be safely kept by the said respective depositaries until otherwise disposed of according to law; and it shall be the duty of the said Secretary and Postmaster-General respectively to direct such payments by the said collectors and receivers at all the said places, at least as often as once in each week, and as much more frequently, in all cases, as they in their discretion may think proper. ******** Sec 18. Be it further enacted, That on . . . [January 1, 1847] . . . , and thereafter, all duties, taxes, sales of public lands, debts, and sums of money accruing or becoming due to the United States, and also all sums due for postages or otherwise, to the general post-office department, shall be paid in gold and silver coin only, or in treasury notes issued under the authority of the United States. . . . Sec 19. And be it further enacted, That on . . . [April 1, 1847] . . . , and thereafter, every officer or agent engaged in making disbursements on account of the United States, or of the general post-office, shall make all payments in gold and silver coin, or in treasury notes, if the creditor agree to receive said notes in pay ment. . . . ******** No. 1 01. Treaty with Mexico February 2, 1848 The treaty which closed the Mexican war was negotiated on the part of the United States by N. P. Trist, who, previous to his appointment as com missioner and confidential agent, had been chief clerk of the Department of State. He was instructed "to demand the cession of New Mexico and Cali fornia in satisfaction of claims against Mexico." He left Washington April 16,1847, and arrived at Vera Cruz, the headquarters of the United States army, May 6. November 16 he received a letter of recall, but disregarded it, and Feb. 2, 1848, concluded with Mexico the treaty of Guadalupe Hidalgo. Trist remained in Mexico until April 8, when an order for his arrest compelled him to leave. The treaty was sent to the Senate Feb. 23, and ratified by that body, with amendments, March 10, by a vote of 38 to 14. The suggested amendments were accepted by Mexico, and May 30 ratifications were ex- 378 TREATY WITH MEXICO [February ¦> changed. An act of July 29, 1848, provided for the payment of liquidated claims against Mexico. The survey of the boundary line was provided for by an act of Aug. 12, and acts of Feb. 26 and March 3, 1849, and March 3, 1851, made further provision for the settlement of Mexican claims. References. — English and Spanish text in U. S. Stat, at Large, IX., 922-942. The papers accompanying the treaty, and the proceedings of the Senate, are in Senate Exec. Doc. 52, 30th Cong., ist Sess.; other papers are in House Exec. Doc. 40, 56, 60, 69, and 70. On the negotiation of the treaty, see House Exec. Doc. 50, 30th Cong., 2d Sess. ; on the part played by Trist, Senate Rep. 261, 41st Cong., 2d Sess. The discussions in Congress may be followed in Cong. Globe, 30th Cong., ist Sess., and appendix. See also Wharton's Intern. Law Digest (ed. 1887), II. , 256-261. Article I. There shall be firm and universal peace between the United States of America and the Mexican republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. Article V.1 The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination ; thence, northward, along the western line of New Mexico, until it intersects the first branch of the River Gila ; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same;) thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the divi sion line between Upper and Lower California, to the Pacific Ocean. . . . 1 Amended by Article I. of the treaty of Dec. 30, 1853. — Ed. 1848] TREATY WITH MEXICO 379 Article VI.1 The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the River Colorado, and not by land, without the express consent of the Mexican government. If, by the examinations which may be made, it should be ascer tained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in part run upon the River Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the govern ments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries. Article VII.2 The River Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favor ing new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels, or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advan tageous to establish any tax or contribution, this shall not be done without the consent of both governments. 1 Amended by Article IV. of the treaty of Dec. 30, 1853. — Ed. 2 Amended by Article IV. of the treaty of Dec. 30, 1853. — Ed. 380 TREATY WITH MEXICO [February 2 The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits. Article VIII. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the pro ceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty ; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guaranties equally ample as if the same belonged to citizens of the United States. Article IX.1 Mexicans who, in the territories aforesaid, shall not pre serve the character of citizens of the Mexican republic, con formably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of' the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the constitu- 1 See protocol, May 26, 1848: Treaties and Conventions (ed. 1889), 692, 693. — Ed. 1848] TREATY WITH MEXICO 38 1 tion; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction. [Article X., relating to Mexican land grants in the ceded terri tory, was stricken out by the Senate (see protocol, May 26, 1848). Article XL, binding the United States to prevent Indian incursions into Mexican territory, and to restore Mexican prisoners taken by Indians, was abrogated by Article II. of the treaty of Dec. 30. I8S3-] Article XII. In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the government of the United States engages to pay to that of the Mexican republic the sum of fifteen millions of dollars. . . . Article XIII. The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican republic, under the conventions between the two republics severally concluded on . . . [April 11, 1839, and January 30, 1843] • • • Article XIV. The United States do furthermore discharge the Mexican re public from all claims of citizens of the United States, not hereto fore decided against the Mexican government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed. Article XV. The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever cancelled, what- 382 TREATY WITH MEXICO [February a ever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one quarter millions of dollars. . . . ******** [Article xvii continues for eight years the treaty of amity, commerce, and navigation of April 5, 1831, between the United States of America and the United Mexican States, " except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty;" subject, however, to termination there after on one year's notice by either party.1] Article XXI. If unhappily any disagreement should hereafter arise between the governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said governments, in the name of those nations, do promise to each other that they will endeavor, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves; using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbor ship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. *]C *t* 5|C *$ *P ^C -{* *T*~ 1 Cf. Article V. of the treaty of Dec. 30, 1853. — Ed. 2 Signed: "N. P. Trist, Luis G. Cuevas, Bernardo Couto, Migl. Atristain." — Ed. 1850] COMPROMISE OF 1850 383 Compromise of 1850 August 8, 1846, in the debate in the House oh the bill appropriating $2,000,000 to purchase territory from Mexico, Wilmot of Pennsylvania moved as an amendment the proviso "that, as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico by the United States, by virtue of any treaty which may be negotiated between them, and to the use by the Executive of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall first be duly convicted." The amendment was not accepted, and later attempts to engraft the proviso upon bills to organize the Territory of Oregon failed. In 1848 a bill to organize the Territories of Oregon, New Mexico, and California, with a pro vision "that all questions concerning slavery in those Territories should be referred to the United States Supreme Court for decision," passed the Senate, but failed in the House. The act of Aug. 14, 1848, organizing the Territory of Oregon, applied to the new Territory the provisions of the articles of com pact in the Ordinance of 1787. A bill to establish territorial governments in New Mexico and California, with the Wilmot proviso, passed the House in 1849, but was not acted on in the Senate. Later in the session, the Senate attempted to provide for the organization of the two Territories by means of a "rider" on the general appropriation bill, but the attempt was defeated in the House. In May, 1848, the Democratic National Convention had rejected, 36 to 216, a resolution offered by Yancey of Alabama, "That the doctrine of non interference with the rights of property of any portion of the people of this confederacy, be it in the States or Territories thereof, by any other than the parties interested in them, is the true republican doctrine, recognized by this body." The doctrine of "squatter sovereignty" embodied in this resolution now began to be urged in opposition to the doctrine of the Wilmot proviso, and the issue was joined on the question of prohibiting slavery in the new Territories, or allowing the people of each Territory to establish or exclude slavery as they might see fit. In June, 1849, the people of California adopted a State constitution pro hibiting slavery. In his annual message of Dec. 4, President Taylor recom mended the admission of California, but suggested the advisability of awaiting popular action in New Mexico before legislating for the organization of that region. January 29, 1850, Clay submitted in the Senate a series of resolu tions, intended to afford a basis for adjusting the differences regarding the status and treatment of slavery in the Territories. On the 13th of February the constitution of California was transmitted to Congress. April 18, by a vote of 30 to 22, Clay's resolutions were referred to a select committee of thir teen, of which Clay was chairman. May 8 the committee submitted its report, together with two bills, one to admit California as a State, to establish territorial governments for Utah and New Mexico, and making proposals to 384 COMPROMISE OF 1850 [January 29 Texas for the establishment of her western and northern boundaries, and the other to suppress the slave trade in the District of Columbia. The first of these bills, known as the "omnibus bill," was taken up in the Senate May 9. June 17, by a vote of 38 to 12, an amendment applying to Utah the doctrine of "squatter sovereignty" was agreed to; July 31 the sec tions relating to California, New Mexico, and Texas were stricken out, and Aug. 1 the remainder of the bill passed the Senate as "an act to establish a territorial government for Utah." The House passed the bill Sept. 7, by a vote of 97 to 85, and on the 9th the act was approved. A bill to adjust the Texan boundary passed the Senate Aug. 10, by a vote of 30 to 20; on the 15th the Senate passed the New Mexico bill, the vote being 27 to 10. The House added the New Mexico bill to the Texas bill as an amendment, and Sept. 6 passed the bill in this form by a vote of 108 to 97. The Senate con curred in the House amendment, and on the 9th the act was approved. The bill to admit California passed the Senate Aug. 13, 34 to 18, and the House Sept. 7, 150 to 56; Sept. 9 the act was approved. The fugitive slave bill passed the Senate Aug. 26, without a division, the vote on the third reading being 27 to 12; the House passed the bill Sept. 12, without debate, by a vote of 109 to 76, and on the 18th the act was approved. The act was repealed June 28, 1864. The act to suppress the slave trade in the District of Colum bia, the last of the compromise measures, passed the Senate Sept. 16, by a vote of 33 to 19, and the House on the following day, by a vote of 124 to 59; on the 2 oth the act was approved. References. — The text is indicated at the end of each of the extracts following. For the proceedings of Congress, see the House and Senate Jour nals, 31st Cong., ist Sess.; for the discussions, see the Cong. Globe, and appendix, or Beaton's Abridgment, XVI. A large number of memorials and resolutions are collected in the House and Senate Misc. Doc. of this session; see also Senate Rep. 12. See also Webster's Works (ed. 1857), V., 324-366, 373-405, 412-438; Calhoun's Works (ed. 1854), IV., 535-578; Seward's Works (ed. 1853), I., 31-131; Pierce's Summer, IIL, chaps 34, 35. No. 102. Clay's Resolutions January 29, 1850 It being desirable, for the peace, concord, and harmony of the Union of these States, to settle and adjust amicably all existing questions of controversy between them arising out of the institu tion of slavery upon a fair, equitable and just basis : therefore, 1. Resolved, That California, with suitable boundaries, ought, upon her application to be admitted as one of the States of this 1850] CLAY'S RESOLUTIONS 385 Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries. 2. Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said territory, not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or con dition on the subject of slavery. 3. Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico ; thence with that line eastwardly, and so con tinuing in the same direction to the line as established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river. 4. Resolved, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of dollars, in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition, also, that the said State of Texas shall, by some solemn and authentic act of her legislature or of a convention, relinquish to the United States any claim which it has to any part of New Mexico. 5. Resolved, That it is inexpedient to abolish slavery in the District of Columbia whilst that institution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the District, and without just com pensation to the owners of slaves within the District. 6. But, resolved, That it is expedient to prohibit, within the District, the slave trade in slaves brought into it from States or 386 COMPROMISE OF 1850 [May 8 places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia. 7. Resolved, That more effectual provision ought to be made by law, according to the requirement of the constitution, for the restitution and delivery of persons bound to service or labor in any State, who may escape into any other State or Territory in the Union. And, 8. Resolved, That Congress has no power to prohibit or obstruct the trade in slaves between the slaveholding States; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws. [Senate Jour., 31 Cong., ist Sess., pp. 118, 119.] No. 103. Extract from the Report of the Committee of Thirteen May 8, 1850 . . . The views and recommendations contained in this report may be recapitulated in a few words: 1. The admission of any new State or States formed out of Texas to be postponed until they shall hereafter present them selves to be received into the Union, when it will be the duty of Congress fairly and faithfully to execute the compact with Texas by admitting such new State or States; 2. The admission forthwith of California into the Union, with the boundaries which she has proposed; 3. The establishment of territorial governments, without the Wilmot proviso, for New Mexico and Utah, embracing all the territory recently acquired by the United States from Mexico not contained in the boundaries of California; 4. The combination of these two last-mentioned measures in the same bill; 5. The establishment of the western and northern boundary of Texas, and the exclusion from her jurisdiction of all New Mexico, with the grant to Texas of a pecuniary equivalent; and the sec- 1850] UTAH ACT 387 tion for that purpose to be incorporated in the bill admitting California and establishing territorial governments for Utah and New Mexico; 6. More effectual enactments of law to secure the prompt delivery of persons bound to service or labor in one State, under the laws thereof, who escape into another State ; and, 7. Abstaining from abolishing slavery; but, under a heavy penalty, prohibiting the slave trade in the District of Columbia. [Senate Rep. 123, 31st Cong., ist Sess., p. 11.] No. 104. Extract from the Utah Act September g, 1850 An Act to establish a Territorial Government for Utah. Be it enacted . . . , That all that part of the territory of the United States included within the following limits, to wit : bounded on the west by the State of California, on the north by the Ter ritory of Oregon, and on the east by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, created into a temporary government, by the name of the Territory of Utah; and, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission: Pro vided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. . . . [17. 5. Stat, at Large, IX., 453.] 388 COMPROMISE OF 1850 [Sept. 9 No. 105. Extract from the Texas and New Mexico Act September 9, 1850 An Act proposing to the State of Texas the Establishment of her Northern and Western Boundaries, the Relinquishment by the said State of all Territory claimed by her exterior to said Boun daries, and of all her claims upon the United States, and to establish a territorial Government for New Mexico. Be it enacted . . . , That the following propositions shall be, and the same hereby are, offered to the State of Texas, which, when agreed to by the said State, in an act passed by the general assembly, shall be binding and obligatory, upon the United States, and upon the said State of Texas: Provided, The said agreement by the said general assembly shall be given on or before . . . [December 1, 1850] . . . : First. The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the par allel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude ; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico. Second. The State of Texas cedes to the United States all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement. Third. The State of Texas relinquishes all claim upon the United States for liability of the debts of Texas, and for compen sation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenue, arms and munitions of war, and public buildings with then sites, which became the property of the United States at the time of the an nexation. 1850] TEXAS AND NEW MEXICO ACT 389 Fourth. The United States, in consideration of said estab lishment of boundaries, cession of claim to territory, and relin quishment of claims, will pay to the State of Texas the sum of ten millions of dollars in a stock bearing five per cent, interest, and redeemable at the end of fourteen years, the interest payable half- yearly at the treasury of the United States. ******** Sec. 2. And be it further enacted, That all that portion of the Territory of the United States bounded as follows: Beginning at a point in the Colorado River where the boundary line with the republic of Mexico crosses the same ; thence eastwardly with the said boundary line to the Rio Grande ; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude ; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Green wich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre ; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude'; thence west with said parallel to its intersection with the boundary line of the State of California; thence with said boundary line to the place of beginning — ¦ be, and the same is hereby, erected into a temporary government, by the name of the Territory of New Mexico: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Ter ritories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State: And provided, further, That, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission. [U. S. Stat, at Large, IX., 446, 447.] 390 COMPROMISE OF 1850 [September 18 No. 106. Fugitive Slave Act September 18, 1850 An Act to amend, and supplementary to, the Act entitled "An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters," approved . . . [February 12, 1793]. [Sections 1-4 relate to the appointment of commissioners, hav ing concurrent jurisdiction with the judges of the circuit and dis trict courts of the United States, and the superior courts of the territories, to perform the duties specified in the act.] Sec. 5. And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed ; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or District Court for the district of such marshal ; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties ; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or posse comitatus of the proper county, when 1850] FUGITIVE SLAVE ACT 39 1 necessary to ensure a faithful observance of the clause of the Constitution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, any where in the State within which they are issued. Sec 6. And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of attorney, in writing, . . may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the ap prehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forth with before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a cer tificate of such magistracy or other authority, as aforesaid, . . . and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which he or she was arrested, with authority to such claimant, or his or her 392 COMPROMISE OF 1850 [September 18 agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be ad mitted in evidence ; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever. Sec 7. And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as afore said; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months . . . ; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost as afore said. . . . Sec 9. And be it further enacted, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the 1850] FUGITIVE SLAVE ACT 393 arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claim ant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require. . . . Sec 10. And be it further enacted, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general descrip tion of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant. And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped . . . [U. S. Slat, at Large, IX., 462-465.] 394 GADSDEN TREATY [December 30 No. 107. Act abolishing the Slave Trade in the District of Columbia September 20, 1850 An Act to suppress the Slave Trade in the District qf Columbia. Be it enacted . . . , That from and after . . . [January 1, 1 851], . . . it shall not be lawful to bring into the District of Columbia any slave whatever, for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently trans ferred to any other State or place to be sold as merchandize. And if any slave shall be brought into the said District by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall thereupon become liberated and free. Sec 2. And be it further enacted, That it shall and may be lawful for each of the corporations of the cities of Washington and Georgetown, from time to time, and as often as may be necessary, to abate, break up, and abolish any depot or place of confinement of slaves brought into the said District as merchandize, contrary to the provisions of this act, by such appropriate means as may appear to either of the said corporations expedient and proper. And the same power is hereby vested in the Levy Court of Wash ington county, if any attempt shall be made, within its jurisdic tional limits, to establish a depot or place of confinement for slaves brought into the said District as merchandize for sale con trary to this act. [U. S. Stat, at Large, IX., 467, 468.] No. 108. Treaty with Mexico December 30, 1853 The interest of the United States in a transportation route across the isth mus of Tehuantepec occasioned extended diplomatic correspondence between the United States and Mexico. In addition, the running of the boundary line under the treaty of Guadalupe Hidalgo had been attended with difficul ties. Both questions were dealt with in the treaty of Dec. 30, 1S53, usually 1853] GADSDEN TREATY 395 known as the Gadsden treaty. The ratifications were exchanged at Washing ton June 30, 1854. The area acquired from Mexico was 45,535 square miles. References. — Text in U. S. Stat, at Large, X., 1031-1037. The diplo matic correspondence is in Senate Doc. 97, 3 2d Cong., ist Sess. On the question of boundary, see Senate Doc. 34, 31st Cong., ist Sess. ; Senate Doc. 119, 120, 121, 131, 32d Cong., ist Sess.; Senate Rep. 345, 32d Cong., ist Sess.; Senate Doc. 55, 33d Cong., 2d Sess.; Senate Doc. 57, 34th Cong., ist Sess. Article I. The Mexican Republic agrees to designate the following as her true limits with the United States for the future: retaining the same dividing line between the two Californias as already defined and established, according to the 5th article of the treaty of Guada lupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the 5th article of the treaty of Guadalupe Hidalgo ; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 310 20' north latitude; thence along the said parallel of 31 ° 20' to the 1 nth meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers ; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico. . . . ******** Article III. In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the government of Mexico, in the city of New York, the sum of ten millions of dollars . . -1 Article IV. The provisions of the 6th and 7th articles of the treaty of Guada lupe Hidalgo having been rendered nugatory, for the most part, 1 The appropriation was made by act of June 29, 1854: U. S. Stat, at Large, X., 301. — Ed. 396 GADSDEN TREATY [December 30 by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor. The vessels, and citizens of the United States shall, in all time, have free and uninterrupted passage through the Gulf of California, to and from their possessions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican government; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously observed and enforced by the two contracting governments in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte, below the initial of the said boundary provided in the first article of this treaty; that is to say, below the intersection of the 31 ° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the fifth article of the treaty of Guadalupe. Article VIII. The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and railroad across the Isthmus of Tehuantepec, and, to secure the stable benefits of said transit way to the persons and merchandise of the citizens of Mexico and the United States, it is stipulated that neither government will interpose any obstacle to the transit of persons and merchandise of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States, than may be made on the persons and prop erty of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government. The United States, by its agents, shall have the right to trans- 1853] KANSAS-NEBRASKA ACT 397 port across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communica tion; also the effects of the United States government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican government. Neither passports nor letters of security will be required of persons crossing the isthmus and not remaining in the country. When the construction of the railroad shall be completed, the Mexican government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico. The two governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent. The Mexican government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise- to it when it may feel sanctioned and warranted by the public or international law. Kansas-Nebraska Act 1854 The first suggestion of a territorial organization for the region between the western boundary of Missouri and the Rocky Mountains, which had been left without organization upon the admission of Missouri in 1821, seems to have been made in 1844, when Wilkins, Secretary of War, proposed the formation of Nebraska Territory as preliminary to the extension of military posts in that direction. A bill to establish the Territory of Nebraska was introduced in the House Dec. 17, 1844, by Douglas of Illinois, but no action was taken. A bill with the same object, brought in March 15, 1848, by Douglas, now a member of the Senate, likewise came to nothing. A bill to attach Nebraska to the surveying district of Arkansas, introduced in the Senate July 28, 1848, 1 Signed: "James Gadsden, Manuel Diez de Bonilla, Jose Salazar Ylarreguil, J. Mariano Monterde." — • Ed. 398 KANSAS-NEBRASKA ACT [1854 stopped with the Committee on Public Lands. A third bill to organize the Territory of Nebraska, also introduced by Douglas, was considered by the Senate Dec. 20, 1848, and recommitted. December 13, 1852, Hall of Missouri introduced in the House a bill to organize the Territory of Platte. The bill went to the Committee on Terri tories, and as such was not reported. February 2, 1853, however, Richardson of Illinois reported from the committee a bill to organize the Territory of Nebraska, which passed the House Feb. 10, by a vote of 98 to 43. The Senate Committee on Territories reported the bill on the 17th, without amendments; March 4, by a vote of 23 to 17, consideration was refused. This bill did not propose to legislate slavery into the new territory. "The opposition to it came from Southern members who were preparing, but were not yet ready to announce, their next advanced claim, that the compromise of 1850 had super seded and voided that of 1820, abolished the prohibition of slavery in the territory north of the Missouri compromise line, and opened it to the opera tion of squatter sovereignty" (Johnston). The thirty-third Congress met Dec. 5, 1853. December 14 Senator Dodge of Iowa introduced a bill to organize the Territory of Nebraska. The bill, which appears to have been identical with Richardson's bill of the previous ses sion, provided for the organization of the whole region between the parallels of 360 30' and 430 30' on the south and north, Missouri and Iowa on the east, and the Rocky Mountains on the west. A substitute for this bill, with the same provision as to slavery as that which had been inserted in the Utah and New Mexico bills, was reported by Douglas, from the Committee on Terri tories, Jan. 4, 1854. The declaration regarding slavery was satisfactory to neither party, and on the 16th Dixon of Kentucky gave notice of an amend ment explicitly exempting the proposed territory from the operation of the Missouri compromise, to which Sumner of Massachusetts responded with an amendment extending the Missouri compromise to the new territory. On the 23d Douglas reported that the committee had prepared several new amend ments to the bill, changing the southern boundary from 360 30' to 370, pro viding for two territories instead of one, and declaring the Missouri compro mise inoperative in the new territories, on the ground that it had been super seded by the compromise measures of 1850. The bill as thus amended Douglas proposed to substitute for the bill previously reported. Debate in Committee of the Whole began Jan. 30. February 6 Douglas offered an amendment by which the Missouri compromise was to be declared "inconsist ent" with the legislation of 1850, following this the next day with another amendment in the words of sec. 14 of the act as finally passed. This last amendment was agreed to on the 15th, by a vote of 35 to 10. March 4 the bill passed the Senate, after an all-night session, by a vote of 37 to 14. In the meantime Representative Miller of Missouri had introduced in the House, Dec. 22, a bill to organize the Territory of Nebraska. The bill went to the Committee on Territories, from which Richardson reported, Jan. 31, a bill to organize the Territories of Nebraska and Kansas. A minority report, advocating the application of squatter sovereignty to the two territories, was submitted by English of Indiana. The House bill did not regularly come up for consideration until May 8, but from Feb. 14 to April 28 either the House 1854] DOUGLAS'S REPORT 399 or Senate bill, and the general subject of territorial governments for Kansas and Nebraska, were discussed almost daily, regardless of the business nomi nally before the House. March 21 the Senate bill was disposed of by refer ring it to the Committee of the Whole, and was not again considered. May 8 Richardson called up the Kansas-Nebraska bill, thirty bills and resolutions being successively laid aside until the bill was reached. The debate continued with increasing violence until the 2 2d, when, by a vote of 113 to 100, the House passed the bill with amendments. Douglas championed the bill in the Senate, where the debate was attended with intense excitement and frequent disorder. The bill passed the Senate May 26, without a division, and on the 30th the act was approved. The form of government provided by the act did not differ essentially from that contained in other territorial acts. The extracts from the act following are limited to the sections defining the boundaries of the two territories, and the status of slavery. References. — The text is indicated in connection with each extract, fol lowing. The House and Senate Journals, 33d Cong., ist Sess., give the record of proceedings; both proceedings and debates are reported at length in the Cong. Globe, and appendix. No. 109. Douglas's Report January 4, 1854 ******** The principal amendments which your committee deem it their duty to commend to the favorable action of the Senate, in a special report, are those in which the principles established by the compromise measures of 1850, so far as they are applicable to territorial organizations, are proposed to be affirmed and carried into practical operation within the limits of the new Territory. The wisdom of those measures is attested, not less by their salutary and beneficial effects, in allaying sectional agitation and restoring peace and harmony to an irritated and distracted people, than by the cordial and almost universal, approbation with which they have been received and sanctioned by the whole country. In the judgment of your committee, those measures were intended to have a far more comprehensive and enduring effect than the mere adjustment of the difficulties arising out of the recent acqui sition of Mexican territory. They were designed to establish certain great principles, which would not only furnish adequate 400 KANSAS-NEBRASKA ACT [January 4 remedies for existing evils, but, in all time to come, avoid the perils of a similar agitation, by withdrawing the question of slavery from the halls of Congress and the political arena, and committing it to the arbitrament of those who were immediately interested in, and alone responsible for its consequences. With the view of conforming their action to what they regard the settled policy of the government, sanctioned by the approving voice of the Ameri can people, your committee have deemed it their duty to incor porate and perpetuate, in their territorial bill, the principles and spirit of those measures. If any other consideration were necessary, to render the propriety of this course imperative upon the com mittee, they may be found in the fact, that the Nebraska country occupies the same relative position to the slavery question, as did New Mexico and Utah, when those territories were organized. It was a disputed point, whether slavery was prohibited by law in the country acquired from Mexico. On the one hand it was contended, as a legal proposition, that slavery having been pro hibited by the enactments of Mexico, according to the laws of nations, we received the country with all its local laws and domestic institutions attached to the soil, so far as they did not conflict with the Constitution of the United States ; and that a law, either pro tecting or prohibiting slavery, was not repugnant to that instru ment, as was evidenced by the fact, that one-half of the States of the Union tolerated, while the other half prohibited, the institution of slavery. On the other hand it was insisted that, by virtue of the Constitution of the United States, every citizen had a right to remove to any Territory of the Union, and carry his property with him under the protection of law, whether that property consisted in persons or things. . . . ... a similar question has arisen in regard to the right to hold slaves in the proposed territory of Nebraska when the Indian laws shall be withdrawn, and the country thrown open to emigra tion and settlement. [The report quotes the section of the Mis souri Enabling Act (No. 77, ante) relating to slavery, and continues] : Under this section, as in the case of the Mexican law in New Mexico and Utah, it is a disputed point whether slavery is pro hibited in the Nebraska country by valid enactment. The deci sion of this question involves the constitutional power of Congress to pass laws prescribing and regulating the domestic institutions 1854] DOUGLAS'S REPORT 401 of the various territories of the Union. In the opinion of those eminent statesmen, who hold that Congress is invested with no rightful authority to legislate upon the subject of slavery in the territories, the 8th section of the act preparatory to the admission of Missouri is null and void; while the prevailing sentiment in large portions of the Union sustains the doctrine that the Con stitution of the United States secures to every citizen an inalien able right to move into any of the territories with his property, of whatever kind and description, and to hold and enjoy the same under the sanction of law. Your committee do not feel themselves called upon to enter into the discussion of these controverted questions. They involve the same grave issues which produced the agitation, the sectional strife, and the fearful struggle of 1850. As Congress deemed it wise and prudent to refrain from deciding the matters in controversy then, either by affirming or repealing the Mexican laws, or by an act declaratory of the true intent of the Constitution and the extent of the protection afforded by it to slave property in the territories, so your committee are not pre pared now to recommend a departure from the course pursued on that memorable occasion, either by affirming or repealing the 8th section of the Missouri act, or by any act declaratory of the mean ing of the Constitution in respect to the legal points in dispute. Your committee deem it fortunate for the peace of the country, and the security of the Union, that the controversy then resulted in the adoption of the compromise measures, which the two great political parties, with singular unanimity, have affirmed as a car dinal article of their faith, and proclaimed to the world, as a final settlement of the controversy and an end of the agitation. A due respect, therefore, for the avowed opinions of Senators, as well as a proper sense of patriotic duty, enjoins upon your committee the propriety and necessity of a strict adherence to the principles, and even a literal adoption of the enactments of that adjustment in all their territorial bills, so far as the same are not locally inappli cable. . . . [The report here quotes various provisions of the compromise acts of 1850, and concludes]: From these provisions it is apparent that the compromise measures of 1850 affirm and rest upon the following propositions — First : That all questions pertaining to slavery in the territories, 402 KANSAS-NEBRASKA ACT [January 16 and in the new States to be formed therefrom, are to be left to the decision of the people residing therein, by their appropriate repre sentatives, to be chosen by them for that purpose. Second: That "all cases involving title to slaves," and "ques tions of personal freedom" are referred to the adjudication of the local tribunals, with the right of appeal to the Supreme Court of the United States. Third: That the provisions of the Constitution of the United States, in respect to fugitives from service, is to be carried into faithful execution in all "the organized territories" the same as in the States. The substitute for the bill which your committee have prepared, and which is commended to the favorable action of the Senate, proposes to carry these propositions and principles into practical operation, in the precise language of the compromise measures of 1850. [Senate Rep. 15, 33d Cong., ist Sess.] No. no. Dixon's Proposed Amendment January 16, 1854 Sec 22. And be it further enacted, That so much of the 8th section of . . . [the Missouri Enabling Act of March 6, 1820] ... as declares "That in all that territory' ceded by France to the United States, under the name of Louisiana, which lies north of 36 degrees 30 minutes north latitude, slavery and involuntary servitude, otherwise than in the punishment of crimes whereof the parties shall have been duly convicted, shall be forever pro hibited," shall not be so construed as to apply to the Territory contemplated by this act, or to any other Territory of the United States; but that the citizens of the several States or Territories shall be at liberty to take and hold their slaves within any of the Territories of the United States, or of the States to be formed therefrom, as if the said act, entitled as aforesaid, and approved as aforesaid, had never been passed. [Cong. Globe, 33d Cong., ist Sess., 175.] 1854] KANSAS-NEBRASKA ACT 403 No. in. Sumner's Proposed Amendment January 17, 1854 Provided, That nothing herein contained shall be construed to abrogate or in any way contravene . . . [the Missouri Enabling Act] . . . ; wherein it is expressly enacted that "in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted, shall be, and is hereby, forever prohibited." [Cong. Globe, 33d Cong., ist Sess., 186.] No. 1 1 2. Extract from the Act to organize the Territories of Nebraska and Kansas May 30, 1854 An Act to Organize the Territories of Nebraska and Kansas. Be it enacted . . . , That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit : beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same ; thence west on said parallel to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the territory of Minnesota ; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska ; and when admitted as a State or States, the said Territory, or any portion 404 KANSAS-NEBRASKA ACT [May 30 of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission: . . . Sec 9. [The section relates to the judicial system of the Ter ritory.] . . . Writs of error, and appeals from the final decisions of said Supreme Court [of the Territory], shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error, or appeals shall be allowed and de cided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy; . . . Provided, that nothing herein contained shall be construed to apply to or affect the provisions of the . . . [Fugitive Slave acts of 1793 and 1850] ... Sec 10. And be it further enacted, That the provisions of . . . [the Fugitive Slave acts of 1793 and 1850] ... be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska. Sec 14. And be it further enacted, . . . That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved . . . [March 6, 1820] . . . , which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States : Provided, That nothing herein 1854] DRED SCOTT DECISION 405 contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of . . . [March 6, 1820] . . . , either protecting, establishing, prohibiting, or abolishing slavery. ******** Sec. 19. And be it further enacted, That all that part of the Territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit, beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico ; thence north on said boundary to latitude thirty-eight ; thence following said boun dary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains ; thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri ; thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their Constitu tion may prescribe at the time of their admission: . . . [Sections 27, 28, and 32 apply to the Territory of Kansas the provisions of sections 9, 10, and 14, respectively.] [U. S. Stat, at Large, X., 277-290.] No. 113. Dred Scott Decision March 6, 1857 The main facts of the Dred Scott case (Dred Scott v. Sandford) are as follows : Dred Scott was a negro slave, the property of Dr. Emerson, a surgeon in the United States army. In 1834 Scott was taken by his owner from Mis souri to the military post at Rock Island, 111., and from thence, in 1836, to Fort Snelling, on the west bank of the Mississippi, within the limits of the territory acquired from France in 1803, and north of 360 30'. There Scott, with the consent of his owner, married. In 1838 Emerson took Scott and his family back to Missouri. In 1847 Scott brought suit in the circuit court of the State of Missouri to recover his freedom, on the ground of previous resi- 406 DRED SCOTT DECISION [March 6 dence in free territory. Judgment was rendered in his favor, but was re versed in 1848 by the Missouri supreme court, to which the case was carried on writ of error. In the meantime, Scott and his family passed under the con trol of John F. A. Sandford of New York. In 1853 Scott brought suit for damages against Sandford, in the United States circuit court for the district of Missouri, on the alleged ground of illegal detention of himself and family as slaves. The defendant pleaded that Scott, being a negro, and born of slave parents, could not be a citizen of Missouri, and hence could not be a party to a suit in the United States courts. The plea was overruled, but on other grounds Scott's claim to freedom was denied, and judgment rendered against him. The case was then appealed to the United States Supreme Court, where it was twice argued, in February and December, 1856. The decision was rendered March 6, 1857. Chief Justice Taney delivered the opinion of the court, but separate opinions were read by each of the eight associate justices. It has been well said that "to ascertain what the judgment of the court really was, it is necessary to compare the nine opinions and tabulate the results." The legal doctrine of the decision, so far as the question of slavery was concerned, was set aside by the Fourteenth Amendment to the Constitution. References. — Text in 19 Howard, 393-633. For contemporary dis cussions, see Benton's Historical and Legal Examination of the Dred Scott Case; Gray and Lowell's Legal Review ofthe Case of Dred Scott; Foot's Examination of the Case of Dred Scott. [Opinion of the Court.] . . . There are two leading questions presented by the record : 1. Had the Circuit Court of the United States jurisdiction to hear and determine the case between these parties? And, 2. If it had jurisdiction, is the judgment it has given erroneous or not? The plaintiff in error, who was also the plaintiff in the court be low, was, with his wife and children, held as slaves by the defend ant, in the State of Missouri, and he brought this action in the Circuit Court of the United States for that district, to assert the title of himself and his family to freedom. The declaration is in the form usually adopted in that State to try questions of this description, and contains the averment neces sary to give the court jurisdiction ; that he and the defendant are citizens of different States ; that is, that he is a citizen of Missouri, and the defendant a citizen of New York. The defendant pleaded in abatement to the jurisdiction of the court, that the plaintiff was not a citizen of the State of Missouri, as alleged in his declaration, being a negro of African descent, 1857] DRED SCOTT DECISION 407 whose ancestors were of pure African blood, and who were brought into this country and sold as slaves. To this plea the plaintiff demurred, and the defendant joined in demurrer. The court overruled the plea, and gave judgment that the defendant should answer over. And he therefore put in sun dry pleas in bar, upon which issues were joined, and at the trial the verdict and judgment were in his favor. Whereupon the plaintiff brought this writ of error. Before we speak of the pleas in bar, it will be proper to dispose of the questions which have arisen on the plea in abatement. That plea denies the right of the plaintiff to sue in a court of the United States, for the reasons therein stated. If the question raised by it is legally before us, and the court should be of opinion that the facts stated in it disqualify the plain tiff from becoming a citizen, in the sense in which that word is used in the Constitution of the United States, then the judgment of the Circuit Court is erroneous, and must be reversed. It is suggested, however, that this plea is not before us . . . [But] if the plea and demurrer, and judgment of the court below upon it, are before us upon this record, the question to be decided is, whether the facts stated in the plea are sufficient to show that the plaintiff is not entitled to sue as a citizen in a court of the United States. We think they are before us . . . and it becomes, therefore, our duty to decide whether the facts stated in the plea are or are not sufficient to show that the plaintiff is not entitled to sue as a citi zen in a court of the United States. This is certainly a very serious question, and one that now for the first time has been brought for decision before this court. But it is brought here by those who have a right to bring it, and it is our duty to meet it and decide it. The question is simply this: can a negro, whose ancestors were imported into this country and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen. One of these rights is the privilege of suing in a court of the United States in the cases specified in the Constitution. . . . The court must be understood as speak- 408 DRED SCOTT DECISION [March 6 ing in this opinion ... of those persons [only] who are the descendants of Africans who were imported into this country and sold as slaves. ... We proceed to examine the case as presented by the pleadings. The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. They are what we familiarly call the "sovereign people," and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word "citizens" in the Constitution, and can, therefore, claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subju gated by the dominant race, and whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them. . . . In discussing this question, we must not confound the rights of citizenship which a state may confer within its own limits, and the rights of citizenship as a member of the Union. It does not by any means follow, because he has all the rights and privileges of a citizen of a State, that he must be a citizen of the United States. He may have all of the rights and privileges of the citizen of a State, and yet not be entitled to the rights and privi leges of a citizen in any other State. For, previous to the adop tion of the Constitution of the United States, every State had the undoubted right to confer on whomsoever it pleased the character of a citizen, and to endow him with all its rights. But this char acter, of course, was confined to the boundaries of the State, and gave him no rights or privileges in other States beyond those secured to him by the laws of nations and the comity of States. Nor have the several States surrendered the power of conferring 1857] DRED SCOTT DECISION 409 these rights and privileges by adopting the Constitution of the United States. Each State may still confer them upon an alien, or any one it thinks proper, or upon any class or description of persons; yet he would not be a citizen in the sense in which that word is used in the Constitution of the United States, nor entitled to sue as such in one of its courts, nor to the privileges and immu nities of a citizen in the other States. The rights which he would acquire would be restricted to the State which gave them. . It is very clear, therefore, that no State can, by any Act or law of its own, passed since the adoption of the Constitution, intro duce a new member into the political community created by the Constitution of the United States. It cannot make him a member of this community by making him a member of its own. And for the same reason it cannot introduce any person, or description of persons, who were not intended to be embraced in this new politi cal family, which the Constitution brought into existence, but were intended to be excluded from it. The question then arises, whether the provisions of the Consti tution, in relation to the personal rights and privileges to which the citizen of a State should be entitled, embraced the negro African race, at that time in this country, or who might afterwards be imported, who had then or should afterwards be made free in any State; and to put it in the power of a single State to make him a citizen of the United States, and endue him with the full rights of citizenship in every other State without their consent. Does the Constitution of the United States act upon him when ever he shall be made free under the laws of a State, and raised there to the rank of a citizen, and immediately clothe him with all the privileges of a citizen in every other State, and in its own courts ? The court think the affirmative of these propositions cannot be maintained. And if it cannot, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the Consti tution of the United States, and, consequently, was not entitled to sue in its courts. It is true, every person, and every class and description of per sons, who were at the time of the adoption of the Constitution recognized as citizens in the several States, became also citizens of this new political body; but none other; it was formed by 410 DRED SCOTT DECISION [March 6 i them, and for them and their posterity, but for no one else. And the personal rights and privileges guarantied to citizens of this new sovereignty were intended to embrace those only who were then members of the several state communities, or who should afterwards, by birthright or otherwise, become members, accord ing to the provisions of the Constitution and the principles on which it was founded. It was the union of those who were at that time members of distinct and separate political communities into one political family, whose power, for certain specified pur poses, was to extend over the whole territory of the United States. And it gave to each citizen rights and privileges outside of his State which he did not before possess, and placed him in every other State upon a perfect equality with its own citizens as to rights of person and rights of property; it made him a citizen of the United States. It becomes necessary, therefore, to determine who were citizens of the several States when the Constitution was adopted. And in order to do this, we must recur to the governments and institu tions of the thirteen Colonies, when they separated from Great Britain and formed new sovereignties. . . . We must inquire who, at that time, were recognized as the people or citizens of a State . . . In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memo rable instrument. . . . The legislation of the different Colonies furnishes positive and indisputable proof of this fact. . . . The language of the Declaration of Independence is equally conclusive. . . . This state of public opinion had undergone no change when the Constitution was adopted, as is equally evident from its pro visions and language. The legislation of the States therefore shows, in a manner not to be mistaken, the inferior and subject condition of that race at the time the Constitution was adopted, and long afterwards, throughout the thirteen States by which that instrument was 1857] DRED SCOTT DECISION 41 1 framed; and it, is hardly consistent with the respect due to these States, to suppose that they regarded at that time, as fellow-citizens and members of the sovereignty, a class of beings whom they had thus stigmatized; whom, as we are bound, out of respect to the State sovereignties, to assume they had deemed it just and neces sary thus to stigmatize, and upon whom they had impressed such deep and enduring marks of inferiority and degradation; or that when they met in convention to form the Constitution, they looked upon them as a portion of their constituents, or designed to include them in the provisions so carefully inserted for the security and protection of the liberties and rights of their citizens. It cannot be supposed that they intended to secure to them rights, and privileges, and rank, in the new political body throughout the Union, which every one of them denied within the limits of its own dominion. More especially, it cannot be believed that the large slave-holding States regarded them as included in the word "citizens," or would have consented to a constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man woidd be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, inevi tably producing discontent and insubordination among them, and endangering the peace and safety of the State. . . . To all this mass of proof we have still to add, that Congress has repeatedly legislated upon the same construction of the Con stitution that we have given. . . . 412 DRED SCOTT DECISION [March 6 The conduct of the Executive Department of the government has been in perfect harmony upon this subject with this course of legislation. . . . But it is said that a person may be a citizen, and entitled to that character, although he does not possess all the rights which may belong to other citizens; as, for example, the right to vote, or to hold particular offices; and that yet, when he goes into another State, he is entitled to be recognized there as a citizen, although the State may measure his rights by the rights which it allows to persons of a like character or class, resident in the State, and refuse to him the full rights of citizenship. This argument overlooks the language of the provision in the Constitution of which we are speaking. Undoubtedly, a person may be a citizen, that is, a member of the community who form the sovereignty, although he exercises no share of the political power, and is incapacitated from holding par ticular offices. . . . So, too, a person may be entitled to vote by the law of the State, who is not a citizen even of the State itself. And in some of the States of the Union foreigners not naturalized are allowed to vote. And the State may give the right to free negroes and mulattoes, but that does not make them citizens of the State, and still less of the United States. And the provision in the Consti tution giving privileges and immunities in other States, does not apply to them. Neither does it apply to a person who, being the citizen of a State, migrates to another State. For then he becomes subject to the laws of the State in which he lives, and he is no longer a citizen of the State from which he removed. And the State in which he resides may then, unquestionably, determine his status or condition, and place him among the class of persons who are not recognized as citizens, but belong to an inferior and subject race; and may deny him the privileges and immunities enjoyed by its citizens. . . . But if he ranks as a citizen of the State to which he be longs, within the meaning of the Constitution of the United States, then, whenever he goes into another State, the Constitution clothes him, as to the rights of person, with all the privileges and im munities which belong to citizens of the State. And if persons 1857] DRED SCOTT DECISION 41 3 of the African race are citizens of a state, and of the United States, they would be entitled to all of these privileges and immunities in every State, and the State could not restrict them; for they would hold these privileges and immunities, under the paramount authority of the Federal Government, and its courts would be bound to maintain and enforce them, the Constitution and laws of the State to the contrary notwithstanding. And if the State could limit or restrict them, or place the party in an inferior grade, this clause of the Constitution would be unmeaning, and could have no operation; and would give no rights to the citizen when in another State. He would have none but what the State itself chose to allow him. This is evidently not the construction or meaning of the clause in question. It guaranties rights to the citizen, and the State cannot withhold them. And these rights are of a character and would lead to consequences which make it absolutely certain that the African race were not included under the name of citizens of a State, and were not in the contemplation of the framers of the Constitution when these privileges and im munities were provided for the protection of the citizen in other States. . . . And upon a full and careful consideration of the subject, the court is of opinion that, upon the facts stated in the plea in abate ment, Dred Scott was not a citizen of Missouri within the meaning of the Constitution of the United States, and not entitled as such to sue in its courts; and, consequently, that the Circuit Court had no jurisdiction of the case, and that the judgment on the plea in abatement is erroneous. . . . We proceed, therefore, to inquire whether the facts relied on by the plaintiff entitled him to his freedom. . . . In considering this part of the controversy, two questions arise : ist, Was he, together with his family, free in Missouri by reason of the stay in the territory of the United States hereinbefore men tioned ? And 2d, If they were not, is Scott himself free by reason of his removal to Rock Island, in the State of Illinois, as stated in the above admissions? We proceed to examine the first question. The Act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime, shall be forever prohibited in all that part of the territory 414 DRED SCOTT DECISION [March 6 ceded by France, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes north latitude, and not included within the limits of Missouri. And the difficulty which meets us at the threshold of this part of the inquiry is, whether Congress was authorized to pass this law under any of the powers granted to it by the Constitution ; for if the authority is not given by that instrument, it is the duty of this court to declare it void and inop erative, and incapable of conferring freedom upon any one who is held as a slave under the laws of any one of the States. The counsel for the plaintiff has laid much stress upon that arti cle in the Constitution which confers on Congress the power "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ..." It seems, however, to be supposed, that there is a difference between property in a slave and other property, and that different rules may be applied to it in expounding the Constitution of the United States. And the laws and usages of nations, and the writ ings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which governments may exercise over it, have been dwelt upon in the argument. But in considering the question before us, it must be borne in mind that there is no law of nations standing between the people of the United States and their government and interfering with their relation to each other. . . . And no laws or usages of other nations, or reasoning of statesmen or jurists upon the relations of master and slave, can enlarge the powers of the government, or take from the citizens the rights they have reserved. And if the Constitution recognizes the right of property of the master in a slave, and makes no distinction between that description of property and other property owned by a citizen, no tribunal, acting under the authority of the United States, whether it be legislative, executive, or judicial, has a right to draw such a dis tinction, or deny to it the benefit of the provisions and guarantees which have been provided for the protection of private property against the encroachments of the government. Now . . . the right of property in a slave is distinctly and ex pressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guaran tied to the citizens of the United States, in every State that might 1857] DRED SCOTT DECISION 415 desire it, for twenty years. And the government in express terms is pledged to protect it in all future time, if the slave escapes from his owner. . . . And no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection than property of any other description. The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights. Upon these considerations, it is the opinion of the court that the Act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned, is not warranted by the Con stitution, and is therefore void; and that neither Dred Scott him self, nor any of his family, were made free by being carried into this territory; even if they had been carried there by the owner, with the intention of becoming a permanent resident. . . . But there is another point in the case which depends on state power and state law. And it is contended, on the part of the plaintiff, that he is made free by being taken to Rock Island, in the State of Illinois, independently of his residence in the territory of the United States; and being so made free, he was not again reduced to a state of slavery by being brought back to Missouri. ... as Scott was a slave when taken into the State of Illinois by his owner, and was there held as such, and brought back in that character, his status, as free or slave, depended on the laws of Missouri, and not of Illinois. It has, however, been urged in the argument, that by the laws of Missouri he was free on his return ... But ... we are satisfied, upon a careful examination of all the cases decided in the State courts of Missouri referred to, that it is now firmly settled by the decisions of the highest court in the State, that Scott and his family upon their return were not free, but were, by the laws of Missouri,, the property of the defendant; and that the Circuit Court of the United States had no jurisdiction, when, by the laws of the State, the plaintiff was a slave, and not a citizen. ... Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is 416 DRED SCOTT DECISION [March 6 used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued directing the suit to be dismissed for want of jurisdiction. Justice Ctjrtis's Dissenting Opinion [After a learned discussion of law points, the opinion con tinues :] So that, under the allegations contained in this plea, and ad mitted by the demurrer, the question is, whether any person of African descent, whose ancestors were sold as slaves in the United States, can be a citizen of the United States. If any such person can be a citizen, this plaintiff has the right to the judgment of the court that he is so ; for no cause is shown by the plea why he is not so, except his descent and the slavery of his ancestors. The ist Section of the 2d Article of the Constitution uses the language, "a citizen of the United States at the time of the adop tion of the Constitution." One mode of approaching this ques tion is, to inquire who were citizens of the United States at the time of the adoption of the Constitution. Citizens of the United States at the time of the adoption of the Constitution can have been no other than the citizens of the United States under the Confederation. . . . To determine whether any free persons, descended from Africans held in slavery, were citizens of the United States under the Con federation, and consequently at the time of the adoption of the Constitution of the United States, it is only necessary to know whether any such persons were citizens of either of the States under the Confederation at the time of the adoption of the Con stitution. Of this there can be no doubt. At the time of the ratification of the Articles of Confederation, all free native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey and North Carolina, though descended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens. . . . 1857] DRED SCOTT DECISION 417 I can find nothing in the Constitution which, proprio vigor e, deprives of their citizenship any class of persons who were citizens of the United States at the time of its adoption, or who should be native-born citizens of any State after its adoption ; nor any power enabling Congress to disfranchise persons born on the soil of any State, and entitled to citizenship of such State by its constitution and laws. And my opinion is, that, under the Constitution of the United States, every free person born on the soil of a State, who is a citizen of that State by force of its Constitution or laws, is also a citizen of the United States. . . . The Constitution having recognized the rule that persons born within the several States are citizens of the United States, one of four things must be true : First. That the Constitution itself has described what native- born persons shall or shall not be citizens of the United States ; or, Second. That it has empowered Congress to do so ; or, Third. That all free persons, born within the several States, are citizens of the United States ; or, Fourth. That it is left to each State to determine what free persons, born within its limits, shall be citizens of such State, and thereby be citizens of the United States. . . . The conclusions at which I have arrived on this part of the case are: First. That the free native-born citizens of each State are citizens of the United States. Second. That as free colored persons born within some of the States are citizens of those States, such persons are also citizens of the United States. Third. That every such citizen, residing in any State, has the right to sue and is liable to be sued in the federal courts, as a citizen of that State in which he resides. Fourth. That as the plea to the jurisdiction in this case shows no facts, except that the plaintiff was of African descent, and his ancestors were sold as slaves, and as these facts are not inconsist ent with his citizenship of the United States, and his residence in the State of Missouri, the plea to the jurisdiction was bad, and the judgment of the Circuit Court overruling it, was correct. I dissent, therefore, from that part of the opinion of the majority of the court, in which it is held that a person of African descent 2E 41 8 DRED SCOTT DECISION [March 6 cannot be a citizen of the United States; and I regret I must go further, and dissent both from what I deem their assumption of authority to examine the constitutionality of the Act of Congress commonly called the Missouri Compromise Act, and the grounds and conclusions announced in their opinion. . . . But as, in my opinion, the Circuit Court had jurisdiction, I am obliged to consider the question whether its judgment on the merits of the case should stand or be reversed. The residence of the plaintiff in the State of Illinois, and the residence of himself and his wife in the Territory acquired from France lying north of latitude thirty-six degrees thirty minutes, and north of the State of Missouri, are each relied on by the plaintiff in error. As the residence in the Territory affects the plaintiff's wife and children as well as himself, I must inquire what was its effect. The general question may be stated to be, whether the plaintiff's status, as a slave, was so changed by his residence within that Ter ritory, that he was not a slave in the State of Missouri, at the time this action was brought. In such cases, two inquiries arise, which may be confounded, but should be kept distinct. The first is, what was the law of the Territory into which the master and slave went, respecting the relation between them ? The second is, whether the State of Missouri recognizes and allows the effect of that law of the Territory, on the status of the slave, on his return within its jurisdiction. . . . To avoid misapprehension on this important and difficult sub ject, I will state, distinctly, the conclusions at which I have arrived. They are : First. The rules of international law respecting the emancipa tion of slaves, by the rightful operation of the laws of another State or country upon the status of the slave, while resident in such foreign State or country, are part of the common law of Missouri, and have not been abrogated by any statute law of that State. Second. The laws of the United States, constitutionally enacted, which operated directly on and changed the status of a slave com ing into the Territory of Wisconsin with his master, who went thither to reside for an indefinite length of time, in the performance of his duties as an officer of the United States, had a rightful opera- 1857] DRED SCOTT DECISION 419 tion on the status of the slave, and it is in conformity with the rules of international law that this change of status should be recognized everywhere. Third. The laws of the United States, in operation in the Ter ritory of Wisconsin at the time of the plaintiff's residence there, did act directly on the status of the plaintiff, and change his status to that of a free man. . . . Fifth. That the consent of the master that his slave, residing in a country which does not tolerate slavery, may enter into a lawful contract of marriage, attended with the civil rights and duties which belong to that condition, is an effectual act of eman cipation. . . . I have thus far assumed, merely for the purpose of the argu ment, that the laws of the United States, respecting slavery in this Territory, were Constitutionally enacted by Congress. It remains to inquire whether they are constitutional and binding laws. . . . But it is insisted, that whatever other power Congress may have respecting the Territory of the United States, the subject of negro slavery forms an exception. . . . While the regulation is one "respecting the Territory," while it is, in the judgment of Congress, "a needful regulation," and is thus completely within the words of the grant, while no other clause of the Constitution can be shown, which requires the inser tion of an exception respecting slavery, and while the practical construction for a period of upwards of fifty years forbids such an exception, it would, in my opinion, violate every sound rule of interpretation to force that exception into the Constitution upon the strength of abstract political reasoning, which we are bound to believe the people of the United States thought insufficient to induce them to limit the power of Congress, because what they have said contains no such limitation. . . . But it is further insisted that the Treaty of 1803, between the United States and France, by which this Territory was acquired, has so restrained the constitutional powers of Congress, that it cannot, by law, prohibit the introduction of slavery into that part of this Territory north and west of Missouri, and north of thirty- six degrees thirty minutes north latitude. By a treaty with a foreign nation, the United States may right fully stipulate that the Congress will or will not exercise its legis- 420 LECOMPTON CONSTITUTION [November 7 lative power in some particular manner, on some particular sub ject. . . . But that a treaty with a foreign nation can deprive the Congress of any part of the legislative power conferred by the people, so that it no longer can legislate as it was empowered by the Constitution to do, I more than doubt. . . . But, in my judgment, this Treaty contains no stipulation in any manner affecting the action of the United States respecting the Territory in question. ... In my opinion, this Treaty has no bearing on the present question. For these reasons, I am of opinion that so much of the several Acts of Congress as prohibited slavery and involuntary servitude within that part of the Territory of Wisconsin lying north of thirty- six degrees thirty minutes north latitude, and west of the River Mississippi, were constitutional and valid laws. . . . In my opinion, the judgment of the Circuit Court should be re versed, and the cause remanded for a new trial. No. 114. Lecompton Constitution November 7, 1857 A FREE State convention sitting at Topeka, in Kansas Territory, from Oct. 23 to Nov. 5, 1855, drew up a State constitution prohibiting slavery, which was submitted to the people Dec. 15, and adopted by a vote of 1,731 to 46, only free State men voting. A bill to admit Kansas under this constitution passed the House July 3, 1856, but failed in the Senate. A free State legis lature, assuming to meet under the Topeka constitution, was dispersed by the United States troops, and a period of civil war in the Territory followed. September 5, 1857, a convention called by the proslavery legislature of the Territory met at Lecompton and drew up a constitution, which was sub mitted to the people for adoption " with slavery " or " without slavery." The free State men, who objected to having the Lecompton constitution on any terms, refrained from voting, and Dec. 21 the constitution "with slavery" was adopted by a vote of 6,143, against 589 for the constitution "without slavery." In the meantime, however, the free State party had got control of the Territorial legislature, and Jan. 4, 1858, the constitution was rejected by a majority of more than 10,000. A bill to admit Kansas under the Lecomp ton constitution passed the Senate March 23, 1858, by a vote of 33 to 25. April 1 the House, by a vote of 120 to 112, substituted a bill resubmitting the constitution to popular vote. The two Houses then compromised on the "English bill" (act of May 4, 1858), "according to which a substitute for the land ordinance of the Lecompton constitution was to be submitted to 1857J LECOMPTON CONSTITUTION 421 popular vote in Kansas; if it was accepted, the State was to be considered as admitted ; if it was rejected, the Lecompton constitution was to be considered as rejected by the people, and no further constitutional convention was to be held until a census should have she vn that the population of the Territory equalled or exceeded that required tc: a representative " (Johnston). August 3 the land ordinance was rejected by a vote of 11,088 to 1,788. The Wyan dotte constitution, prohibitingsla\ ery, was ratified by popular vote Oct. 4. 1859. Under this constitution Kansas was admitted to the Union Jan. 29, 1861. The following extracts comprise the provisions of the Lecompton constitu tion relating to slavery, the status of negroes, and ratification. References. — Text in Poore's Federal and State Constitutions, I., 598- 613, passim. For the struggle in Congress over the admission of Kansas, see the House and Senate Journals, 34th, 35th, and 36th Cong., and the Cong. Globe. Article V. Sec 25. It shall be the duty of all civil officers of this State to use due diligence in the securing and rendition of persons held to service or labor in this State, either of the States or Territories of the United States ; and the legislature shall enact such laws as may be necessary for the honest and faithful carrying out of this provision of the constitution. Article VII. SLAVERY. Section i. The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same, and as inviolable as the right of the owner of any property whatever. Sec 2. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to the State from bringing with them such persons as are deemed slaves by the laws of any one of the United States or Territories, so long as any person of the same age or description shall be continued in slavery by the laws of this State: Provided, That such person or slave be the bona-fide property of such emigrants: And provided also, That laws may be passed to prohibit the introduction into this State of 422 LECOMPTON CONSTITUTION [November 7 slaves who have committed high crimes in other States or Terri tories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or owners. Sec 3. In the prosecution of slaves for crimes of higher grade than petit larceny, the legislature shall have no power to deprive them of an impartial trial by a petit jury. Sec 4. Any person who shall maliciously dismember or de prive a slave of life shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave. Bill of Rights. 23. Free negroes shall not be permitted to live in this State under any circumstances. Schedule. Sec 7. This constitution shall be submitted to the Congress of the United States at its next ensuing session . . . Before this constitution shall be sent to Congress, asking for admission into the Union as a State, it shall be submitted to all the white male inhabitants of this Territory, for approval or dis approval, as follows: . . . The voting shall be by ballot. The judges of said election shall cause to be kept two poll-books by two clerks, by them appointed. The ballots cast at said election shall be endorsed, " Constitution with slavery," and "Constitu tion with no slavery." . . . The president [of the convention] with two or more members of this convention, shall examine said poll-books, and if it shall appear upon said examination that a majority of the legal votes cast at said election be in favor of the "Constitution with slavery," he shall immediately have the same transmitted to the Congress of the United States, as hereinbefore 1857] ORDINANCE OF SECESSION 423 provided; but if, upon such examination of said poll-books, it shall appear that a majority of the legal votes cast at said election be in favor of the "Constitution with no slavery," then the article providing for slavery shall be stricken from this constitution by the president of this convention, and slavery shall no longer exist in the State of Kansas, except that the right of property in slaves now in this Territory shall in no manner be interferred with, and shall have transmitted the constitution, so ratified, (to Con gress the constitution, so ratified,) to the Congress of the United States, as hereinbefore provided. . . . No. 115. South Carolina Ordinance of Secession December 20, i860 It was clear that the success of the Republicans in the election of i860 would mean the exclusion of slavery from the Territories. The legislature of South Carolina met Nov. 4 to choose presidential electors, and remained in session until it was known that Lincoln had been elected. On the 7th an act was passed calling a State convention, to meet at Columbia Dec. 17, to con sider the question of withdrawing from the Union. The convention met at the time and place appointed, but adjourned to Charleston because of an epi demic of small-pox in Columbia. On the 20th an ordinance of secession was unanimously adopted by the one hundred and sixty-nine delegates present, and the president of the convention proclaimed South Carolina to be "an independent Commonwealth." On the 21st the Representatives of the State in Congress announced their withdrawal from the House. A "Declaration of the immediate causes which induce and justify the secession of South Carolina from the Federal Union" was adopted on the 24th. References. — Text in War of the Rebellion, Official Records, Series L, vol. I., p. no. For the proceedings of the convention, see Amer. Annual Cyclopaedia, 1861, pp. 646-657; Moore's Rebellion Record, I., Doc. 2. The declaration of causes, and ordinances of secession passed by the other Southern States, are collected in Amer. Hist. Leaflets, No. 12. On the steps prelimi nary to secession, see Pike's First Blows of the Civil War. Buchanan de fended his official conduct during 1860—61 in The Administration on the Eve of the Rebellion (London, 1865) ; a. later defence is in Curtis's Buchanan, II. , chap. 15. 424 CONSTITUTION OF CONFEDERATE STATES [March n An Ordinance to dissolve the union between the State of South Caro lina and the other States united with her under the compact entitled " The Constitution of the United States of America " : We, the people of the State of South Carolina in convention assembled, do declare and ordain, and it is hereby declared and ordained, that the ordinance adopted by us in convention on [May 23, 1788] . , whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the general assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the " United States of America," is hereby dissolved. No. 116. Constitution of the Confederate States of America March n, 1861 The secession of South Carolina was followed, Jan. 9, 1861, by similar action in Mississippi. Ordinances of secession were adopted by Florida Jan. 10, Alabama Jan. n, Georgia Jan. 19, and Louisiana Jan. 26. A reso lution of the legislature of Mississippi, Jan. 19, in favor of a congress of repre sentatives from the seceded States to form a provisional government, was endorsed by the other States, and Feb. 8 a congress at Montgomery, Ala., adopted a provisional constitution. A permanent constitution was adopted March n, and signed by delegates from each of the States above named, and by those of Texas, which had passed an ordinance of secession Feb. 1. The constitution was ratified by conventions in the several States. The first elec tion under the permanent constitution was held Nov. 6, 1861. The congress under the permanent constitution met Feb. 18, 1862, superseding the provi sional congress. The Confederate States of America were accorded bellig erent rights by England and France through proclamations of neutrality, but were never formally recognized as a government, either by the United States or by any foreign power. The permanent constitution was modelled after the Constitution of the United States, and is in the main a reproduction of that instrument, with verbal or minor changes necessary to adapt it to the style of the new confed eracy. All the sections embodying other than verbal or formal changes are given in the extracts following, with references to facilitate comparison be tween the two documents. References. — Text in Conf. Stat, at Large (Richmond, 1864, ed. Mat- 1861] CONSTITUTION OF CONFEDERATE STATES 425 thews), 11-22, where is also the provisional constitution. A convenient re print, with the texts of the Confederate constitution and the Constitution of the United States in parallel columns, is in Davis's Confederate Government, I., 648-673. The archives of the Confederate government are in the pos session of the War Department. The official acts of the Confederacy are best followed in the Journal of the Congress (Sen. Docs., 58th Cong., 2d Sess., vols. 25-31), and Richardson's Messages and Papers of the Confederacy ; see also Moore's Rebellion Record; Amer. Annual Cyclopaedia, 1861-65; McPherson's Hist, of the Rebellion. We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a per manent federal government, establish justice, insure domestic tran quillity, and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America.1 Article I. SECTION 2. 1. The House x>i Representatives shall be composed of mem bers chosen every second year by the people of the several States ; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature ; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.2 3. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress 1 [Cf. Const. U. S., Preamble.] 2 [Cf. Const. U. S., Art. I., Sec. 2.] 426 CONSTITUTION OF CONFEDERATE STATES [March n of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct. The num ber of Representatives shall not exceed one for every fifty thou sand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six.1 5. The House of Representatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment ; except that any judicial or other Federal officer, resident and act ing solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.2 section 3. 1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legisla ture thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.3 section 6. ... No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures apper taining to his department.4 1 [Cf. Const. U. S., Art. I., Sec. 2, Par. 3.] 2 [Cf. Const. U. S., Art. I., Sec. *, Par. 5.] 3 [Cf. Const. U. S., Art. I., Sec. 3, Par. 1.] 1 [Cf. Const. U. S., Art. I., Sec. 6, Par. 2.] 1861] CONSTITUTION OF CONFEDERATE STATES 427 section 7. 2. . . . The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disap proved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.1 section 8. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common de fence, and carry on the government of the Confederate States; but no bounties shall be granted from the treasury ; nor shall any duties or taxes on importations from foreign nations be laid to pro mote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States : 2 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be con strued to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improve ment of harbors and the removing of obstructions in river naviga tion, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and ex penses thereof : 3 4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States ; but no law of Congress shall discharge any debt contracted before the passage of the same : 4 * 1 [Cf. Const. U. S., Art. I., Sec. 7, Par. 2.] 2 [Cf. Const. U. S., Art. I., Sec. 8, Par. 1.] 3 [Cf. Const. U. S., Art. I., Sec. 8, Par. 3.] 4 [Cf. Const. U. S., Art. I., Sec. 8, Par. 4.] 428 CONSTITUTION OF CONFEDERATE STATES [March n 7. To establish post-offices and post-routes; but the expenses of the Post-Office Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenue : x section 9. 1. The importation of negroes of the African race, from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Con gress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belong ing to, this Confederacy.2 4. No bill of attainder, ex post facto law, or law denying or im pairing the right of property in negro slaves shall be passed.3 6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.4 9. Congress shall appropriate no money from the treasury ex cept by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments, and submitted to Congress by the Presi dent; or for the purpose of paying its own expenses and contin gencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify in federal cur rency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compen- 1 [Cf. Const. U. S., Art. I., Sec. 8, Par. 7.] 2 [Cf. Const. U. S., Art. I., Sec. 9, Par. 1 .] 3 [Cf. Const. U. S., Art. I., Sec. 9, Par. 3.] 4 [Cf. Const. U. S., Art. I., Sec. 9, Par. 5.] 1861] CONSTITUTION OF CONFEDERATE STATES 429 sation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.1 •P IS 3|C 9{C Sf* 3f£ 3f£ 3}C 20. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. section io. 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus de rived, shall, after making such improvement, be paid into the common treasury. Nor shall any State keep troops or ships-of- war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.2 Article II. section 1. 1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. . . .s 7. No person except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, i860, shall be eligible to the office of President; neither shall any person be eligible to that office who 1 [This and the preceding paragraphs are in addition to a provision identical with Const. U. S., Art. I., Sec. 9, Par. 7.] [Cf. Const. U. S., Art. I., Sec. 10, Far. 3.] 3 [Cf. Const. U. S., Art. II., Sec. 1, Par. 1.] 430 CONSTITUTION OF CONFEDERATE STATES [March n shall not have attained the age of thirty-five years, and been four teen years a resident within the limits of the Confederate States, as they may exist at the time of his election.1 SECTION 2. 3. The principal officer in each of the executive departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the executive departments may be removed at any time by the President, or other appointing power, when their ser vices are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. 4. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis sions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess.2 Article IV. section 2. 1. The citizens of each State shall be entitled to all the privi leges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Con federacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.3 2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.4 1 [Cf. Const. TJ. S., Art. IL, Sec. 1, Par. 5.] 2 [Cf. Const. U. S., Art. IL, Sec. 2, Par. 3.] 3 [Cf. Const. U. S., Art. IV., Sec. 2, Par. 1.] 4 [Cf. Const. U. S., Art. IV., Sec. 2, Par. 2.] 1861] CONSTITUTION OF CONFEDERATE STATES 431 3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in con sequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.1 section 3. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legis latures of the States concerned, as well as of the Congress.2 2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Con federate States, including the lands thereof.3 3. The Confederate States may acquire new territory; and Con gress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States ; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Con gress and by the territorial government: and the inhabitants of the several Confederate States and Territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confederate States. Article V. section 1. 1. Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention 1 [Cf. Const. U. S., Art. IV., Sec. 2, Par. 3.] 2 [Cf. Const. U. S., Art. IV., Sec. 3, Par. 1.] 3 [Cf. Const. U. S., Art. IV., Sec. 3, Par. 2.] 432 CONSTITUTION OF CONFEDERATE STATES [March ii of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention — voting by States — and the same be ratified by the legislatures of two-thirds of the several States, or by conven tions in two-thirds thereof — as the one or the other mode of ratification may be proposed by the general convention — they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.1 Article VI. i. The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall con tinue in force until the same shall be repealed or modified: and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abol ished. 5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the Several States.2 6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof.3 Article VII. 1. The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.4 2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Con stitution shall prescribe the time for holding the election of Presi- 1 [Cf. Const. U. S, Art. V.] 2 [Cf. Const. U. S., Amend., Art. IX.] 3 [Cf. Const. U. S., Amend., Art. X.] 4 [Cf. Const. U. S., Art. VIL] 1861] CALL FOR VOLUNTEERS 433 dent and Vice President; and for the meeting of the Electoral College; and for counting the votes, and inaugurating the Presi dent. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government. No. 117. Call for 75,000 Volunteers April 15, 1861 The proclamation of April 15 was issued, under authority of the act of February 28, 1795, the day after the fall of Fort Sumter. The call on the governors of the States was made through the War Department. May 3 a further call for 42,034 volunteers to serve for three years, together with an order for the increase of the regular army and the enlistment of seamen, was issued, the action of the President being legalized by an act of August 6. An act of February 24, 1864, authorized the President to call whenever necessary for such number of volunteers as might be required. References. — Text in U. S. Statutes at Large, XII, 1258. Correspond ence with the governors is in the War Records, Series III., Vol. I., pp. 68 seq. For comments of the press see Moore, Rebellion Record, I., 64-69 of docu ments. Whereas the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Missis sippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law : Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Consti tution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed. The details for this object will be immediately communicated to the State authorities through the War Department. 434 BLOCKADE OF SOUTHERN PORTS [April 19 I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government; and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens in any part of the country. And I hereby command the persons composing the combina tions aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date. Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective chambers, at twelve o'clock, noon, on Thursday, the fourth day of July next, then and there to consider and deter mine such measures as, in their wisdom, the public safety and interest may seem to demand. No. 118. Proclamation declaring a Block ade of Southern Ports April ig, 1861 In response to the proclamation of April 15, calling for 75,000 volunteers, Jefferson Davis, as president of the Confederate States, issued on April 17 a proclamation inviting applications for letters of marque and reprisal. The proclamation declaring a blockade of Southern ports was issued in rejoinder. By a further proclamation of April 27, the blockade was extended to the ports of Virignia and North Carolina. References. — Text in U.S. Statutes at Large, XII., 1258, 1259. Davis's proclamation is in Moore, Rebellion Record, I., 71 of documents. The proc lamation was upheld in the Prize Cases, 2 Black, 635. Whereas an insurrection against the Government of the United 1861] BLOCKADE OF SOUTHERN PORTS 435 States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue cannot be effectually executed therein conformably to that provision of the Constitution which requires duties to be uniform throughout the United States: And whereas a combination of persons, engaged in such insur rection, have threatened to grant pretended letters of marque to authorize the bearers thereof to commit assaults on the lives, ves sels, and property of good citizens of the country lawfully engaged in commerce on the high seas, and in waters of the United States : And whereas an Executive Proclamation has been already issued, requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon : Now, therefore, I, ABRAHAM LINCOLN, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and prop erty of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the law of nations in such case provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade, a vessel shall approach, or shall attempt to leave either of the said ports, she will be duly warned by the commander of one of the blockading vessels, who will in dorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo as prize, as may be deemed advisable. And I hereby proclaim and declare that if any person, under the pretended authority of the said States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the'prevention and punishment of piracy. 436 ACT FOR A NATIONAL LOAN [July 17 No. 119. Act for a National Loan July 17, 1861 In his message of July 4, 1861, Lincoln asked Congress for "at least" 400,000 men and $400,000,000 as "the legal means for making this contest a short and a decisive one." The Secretary of the Treasury, Chase, in his re port of the same date, recommended loans to the aggregate amount of $250,000,000, and submitted the draft of a bill for that purpose. A bill to authorize a national loan was introduced in the House by Thaddeus Stevens of Pennsylvania, from the Committee of Ways and Means, July 9, and on the following day passed by a vote of 153 to 5. The Senate made a number of amendments, all of which were concurred in by the House, and on the 17th the act was approved. The act was amended by act of August 5. References. — Text in U.S. Statutes at Large, XII., 259-261. For the proceedings see the House and Senate Journals and the Cong. Globe, 37th Cong., ist Sess. Chase's report of July 4 is in the Globe, Appendix. On the condition of the treasury see House Misc. Doc. 20, 36th Cong., 2d Sess. The supplementary act of August 5 is in MacDonald, Select Statutes, No. 10. An Act to authorize a National Loan and for other Purposes. Be it enacted . . . , That the Secretary of the Treasury be, and he is hereby, authorized to borrow on the credit of the United States, within twelve months from the passage of this act, a sum not exceeding two hundred and fifty millions of dol lars, or so much thereof as he may deem necessary for the 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 bonds to bear interest not ex ceeding seven per centum per annum, payable semi-annually, irredeemable for twenty years, and after that period redeemable at the pleasure of the United States; and the treasury notes to be of any denomination fixed by the Secretary of the Treasury, not less than fifty dollars, and to be payable three years after date, with interest at the rate of seven and three tenths per centum per annum, payable semi-annually. And the Secretary of the Treasury may also issue in exchange for coin, and as part of the above loan, or may pay for salaries or other dues from the United States, treasury notes of a less denomination than fifty dollars, not bearing interest, but payable on demand by the 1861] ACT FOR A NATIONAL LOAN 437 Assistant Treasurers of the United States at Philadelphia, New York, or Boston, or treasury notes bearing interest at the rate of three and sixty-five hundredths per centum, payable in one year from date, and exchangeable at any time for treasury notes for fifty dollars, and upwards, issuable under the authority of this act, and bearing interest as specified above: Provided, That no exchange of such notes in any less amount than one hundred dollars shall be made at any one time: And provided further, That no treasury notes shall be issued of a less denomination than ten dollars, and that the whole amount of treasury notes, not bearing interest, issued under the authority of this act, shall not exceed fifty millions of dollars. ******** Sec 6. And be it further enacted, That whenever any treasury notes of a denomination less than fifty dollars, authorized to be issued by this act, shall have been redeemed, the Secretary of the Treasury may re-issue the same, or may cancel them and issue new notes to an equal amount: Provided, That the aggre gate amount of bonds and treasury notes issued under the fore going provisions of this act shall never exceed the full amount authorized by the first section of this act; and the power to issue, or re-issue such notes shall cease and determine after the thirty-first of December, eighteen hundred and sixty-two. Sec 7. And be it further enacted, That the Secretary of the Treasury is hereby authorized, whenever he shall deem it ex pedient, to issue in exchange for coin, or in payment for public dues, treasury notes of any of the denominations hereinbefore specified, bearing interest not exceeding six per centum per annum, and payable at any time not exceeding twelve months from date, provided that the amount of notes so issued, or paid, shall at no time exceed twenty millions of dollars. ******** Sec 9. And be it further enacted, That the faith of the United States is hereby solemnly pledged for the payment of the inter est and redemption of the principal of the loan authorized by this act. ******** 438 EMPLOYMENT OF VOLUNTEERS [July 22 No. 120. Act authorizing the Employment of Volunteers July 22, 1861 A bill to authorize the employment of volunteers, in accordance with the recommendation of President Lincoln in his message of July 4, 1861, was in troduced in the Senate, July 6, by Henry Wilson of Massachusetts, and passed that house on the 10th by a vote of 34 to 4. On the 12th the action was re considered, and the bill with further amendments was again passed by a vote of 35 to 4. The passage of a substitute bill by the House caused a reference of the matter to a conference committee, whose report was agreed to by the two houses on the 18th. The discussion in each house had to do mainly with the details of organization of the volunteers provided for by the bill. References. — Text in U.S. Statutes at Large, XII., 268-271. For the debates see the House and Senate Journals and Cong. Globe, 37th Cong., ist Sess. On the efficiency of volunteers and the condition of the militia see House Exec. Doc. 54 and House Report 58, 36th Cong., 2d Sess., and House Report 1, 37th Cong., ist Sess. A summary view of early military legislation, Union and Confederate, is given in McPherson, History of the Rebellion, 115-121. An Act to authorize the Employment of Volunteers to aid in enforc ing the Laws and protecting Public Property. Whereas, certain of the forts, arsenals, custom-houses, navy yards, and other property of the United States have been seized, and other violations of law have been committed and are threatened by organized bodies of men in several of the States, and a conspiracy has been entered into to overthrow the Government of the United States : Therefore, Be it enacted . . . , That the President be, and he is hereby, authorized to accept the services of volunteers, either as cavalry, infantry, or artillery, in such numbers, not exceeding five hun dred thousand, as he may deem necessary, for the purpose of repelling invasion, suppressing insurrection, enforcing the laws, and preserving and protecting the public property: Provided, That the services of the volunteers shall be for such time as the President may direct, not exceeding three years nor less than six months,1 and they shall be disbanded at the end of the war. . . . 1 A supplementary act of July 25, 1861, provided that volunteers should "be mustered in for 'during the war.'" — Ed. 1861] RESOLUTION ON THE WAR 439 Sec 2. And be it further enacted, That the said volunteers shall be subject to the rules and regulations governing the army of the United States, and that they shall be formed, by the Presi dent, into regiments of infantry, with the exception of such numbers for cavalry and artillery, as he may direct, not to exceed the proportion of one company of each of those arms to every regiment of infantry, and to be organized as in the regu lar service. . . . [The remainder of the act relates to the organization of the volunteers, the appointment of officers, etc.] No. 121. Resolution on the Nature and Object of the War July 22, 1861 A resolution declaratory of the nature and object of the war was offered in the House, July 22, 1861, by John J. Crittenden of Kentucky. In the vote the resolution was divided, the first part, through the word "capital," being adopted by a vote of 122 to 2, and the remainder by a vote of 117 to 2. A resolution in practically identical terms was offered in the Senate, July 24, by Andrew Johnson of Tennessee, and on the 25th, after a long discussion, was adopted, the vote being 30 to 5. The resolutions, which "gave expression to the common sentiment of the country," were the only formal declarations out of a great number submitted which passed the houses. References. — Text in House Journal, 37th Cong., ist Sess., 123. For the debates see the Cong. Globe. A list of the principal declaratory resolu tions submitted, with the action on each, is given in McPherson, Rebellion, 285-290. Resolved . . . , That the present deplorable civil war has been forced upon the country by the disunionists of the southern States, now in arms against the constitutional government, and in arms around the capital ; that in this national emergency, Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country ; that this war is not waged on their part in any spirit of oppression, or for any purpose of conquest or subjugation, or purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Consti- 440 ACT FOR CALLING OUT THE MILITIA [July 29 tution, and to preserve the Union with all the dignity, equality, and rights of the several States unimpaired; and that as soon as these objects are accomplished the war ought to cease. No. 122. Act for Calling out the Militia July 29, 1861 A bill "to provide for the suppression of rebellion," etc., was introduced in the House, July 10, by John A. Bingham of Ohio, and on the 16th passed without a division. The bill passed the Senate on the 26th, and on the 29th the act was approved. References. — Text in U.S. Statutes at Large, XII., 281, 282. For the proceedings see the House and Senate Journals and the Cong. Globe. The changes made by the act are set forth in the House proceedings of July 16; compare President Buchanan's remarks on the employment of the militia under the acts of 1795 and 1807, in his annual message of December 3, i860. An Act to provide for the Suppression of Rebellion against and Resistance to the Laws of the United States, and to amend the Act entitled " An Act to provide for calling forth the Militia to execute the Laws of the Union," &°c, passed . . . [February 28, 17951- Be it enacted . . . , That whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebel lion against the authority of the Government of the United- States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the States of the Union, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. Sec 2. And be it further enacted, That whenever, in the judgment of the President, it may be necessary to use the mili- i86i] PUNISHMENT OF CONSPIRACIES 441 tary force hereby directed to be employed and called forth by him, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respec tive abodes, within a limited time. Sec 3. And be it further enacted, That the militia so called into the service of the United States shall be subject to the same rules and articles of war as the troops of the United States, and be continued in the service of the United States until discharged by proclamation of the President: Provided, That such continu ance in service shall not extend beyond sixty days after the commencement of the next regular session of Congress, unless Congress shall expressly provide by law therefor : . . . Sec 7. And be it further enacted, That the marshals of the several districts of the United States, and their deputies, shall have the same powers in executing the laws of the United States as sheriffs and their deputies in the several States, have by law, in executing the laws of the respective States. ******** No. 123. Act to Define and Punish certain Conspiracies July 31, 1861 A BILL "to define and punish certain conspiracies" was presented in the House, July 15, by John Hickman of Pennsylvania, and passed by a vote of 123 to 7. In the Senate the printing of a minority report submitted by Bayard of Delaware and Powell of Kentucky was refused by a vote of 10 to 29, and on the 26th the bill in amended form passed the Senate. Nine Senators entered a protest against the bill. The amendment of the Senate was con curred in by the House on the 30th, and the next day the act was approved. References. — Text in U.S. Statutes at Large, XII., 284. The important proceedings are those of the Senate for July 24 and 26 (Cong. Globe, 37th Cong., ist Sess.). An Act to define and punish certain Conspiracies. Be it enacted . . . , That if two or more persons within any State or Territory of the United States shall conspire together 442 CONFISCATION ACT [August 6 to overthrow, or to put down, or to destroy by force, the Govern ment of the United States, or to levy war against the United States, or to oppose by force the authority of the Government of the United States; or by force to prevent, hinder, or delay the execution of any law of the United States; or by force to seize, take, or possess any property of the United States against the will or contrary to the authority of the United States; or by force, or intimidation, or threat to prevent any person from accepting or holding any office, or trust, or place of confidence, under the United States; each and every person so offending shall be guilty of a high crime, and upon conviction thereof in any district or circuit court of the United States, having juris diction thereof, or district or supreme court of any Territory of the United States having jurisdiction thereof, shall be punished by a fine not less than five hundred dollars and not more than five thousand dollars; or by imprisonment, with or without hard labor, as the court shall determine, for a period not less than six months nor greater than six years, or by both such fine and imprisonment. No. 124. Confiscation Act August 6, 1861 A bill "to confiscate property used for insurrectionary purposes" was introduced in the Senate, July 15, by Lyman Trumbull of Illinois. When the bill was reported by the Committee on the Judiciary, on the 25th, Trumbull proposed an additional section, embodying in a shorter form the provisions of section four of the act. The amended bill passed the Senate July 22. The proposed forfeiture of the claims of owners to such of their slaves as had been compelled to work in aid of the rebellion aroused strong opposition in the House, but an amendment in the form of a substitute for the final section of the Senate bill, being section four of the act as passed, was agreed to, August 3, by a vote of 60 to 48. By a vote of 24 to 11 the Senate concurred in the amendment of the House, and on the 6th the act was approved. The Confis cation Act was the first legislative step towards emancipation. References. — Text in U.S. Statutes at Large, XII. , 319. For the pro ceedings see the House and Senate Journals, 37th Cong., ist Sess., and the Cong. Globe. For the retaliatory act of the Confederate Congress, August 30, see Confederate Statutes at Large, 201. On Butler's course see Butler's Book, 256 seq., and War Records, Series I., Vol. I., 53. 1861] CONFISCATION ACT 443 An Act to confiscate Property used for Insurrectionary Purposes. Be it enacted . . . , That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proc lamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial pioceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employe, shall purchase or acquire, sell or- give, any property of whatsoever kind or descrip tion, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned. Sec 2. And be it further enacted, That such prizes and cap ture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted. Sec 3. And be it further enacted, That the Attorney- General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States ; or any person may file an infor mation with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. Sec 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by 444 SEIZURE OF RAILROAD AND TELEGRAPH LINES [Jan. 3j the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his law ful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act. No. 125. Act authorizing the Seizure of Railroad and Telegraph Lines January 31, 1862 In his report of July 1, 1861, the Secretary of War, Cameron, stated that the resistance to the passage of troops through Baltimore, the destruction of bridges on certain railroads, and the refusal of the Baltimore and Ohio Rail road Company to transport government forces and supplies, had made it necessary "to take possession of so much of the railway lines as was required to form a connection with the States from which troops and supplies were expected;" and an appropriation for the construction and operation, when necessary, of railroad and telegraph lines was recommended. Further specific recommendations for construction were made in the annual report of Decem ber 1. A bill in accordance with the earlier recommendation was reported to the Senate, January 22, by Benjamin F. Wade of Ohio, from the Joint Com mittee on the Conduct of the War, and passed with amendments on the 28th by a vote of 23 to 12. The next day, by a vote of 113 to 28, the bill passed the House, and on the 31st the act was approved. An order taking military possession of all railroads was issued May 25. References. — Text in U.S. Statutes at Large, XII., 334, 335. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. The debate in the Senate is of most importance. Cameron's report of 1861 is in the Globe, Appendix. 1862] SEIZURE OF RAILROAD AND TELEGRAPH LINES 445 An Act to authorize the President of the United States in certain Cases to take Possession of Railroad and Telegraph Lines, and for other Purposes. Be it enacted . . . , That the President of the United States, when in his judgment the public safety may require it, be, and he is hereby authorized to take possession of any or all the tele graph lines in the United States, their offices and appurtenances; to take possession of any or all the railroad lines in the United States, their rolling-stock, their offices, shops, buildings, and all their appendages and appurtenances; to prescribe rules and regulations for the holding, using, and maintaining of the afore said telegraph and railroad lines, and to extend, repair, and com plete the same,1 in the manner most conducive to the safety and interest of the Government; to place under military control all the officers, agents, and employes belonging to the telegraph and railroad lines thus taken possession of by the President, so that they shall be considered as a post road and a part of the military establishment of the United States, subject to all the restrictions imposed by the rules and articles of war. Sec 2. And be it further enacted, That any attempt by any party or parties whomsoever, in any State or District in which the laws of the United States are opposed, or the execution thereof obstructed by insurgents and rebels against the United States, too powerful to be suppressed by the ordinary course of judicial proceedings, to resist or interfere with the unrestrained use by Government of the property described in the preceding section, or any attempt to injure or destroy the property afore said, shall be punished as a military offence, by death, or such other penalty as a court-martial rnay impose. ******** Sec 4. And be it further enacted, That the transportation of troops, munitions of war, equipments, military property and stores, throughout the United States, shall be under the immedi ate control and supervision of the Secretary of War and such agents as he may appoint; and all rules, regulations, articles, usages, and laws in conflict with this provision are hereby annulled. ******** 1 By a joint resolution of July 14, 1862, so much of the act as authorized the construction, extension, or completion of any railroad was repealed. — ¦ Ed. 446 ISSUE OF LEGAL TENDER NOTES [Feb. 25 No. 126. Act authorizing the Issue of Legal Tender Notes February 25, 1862 In his annual report of December 9, 1861, Secretary Chase stated that loans to the amount of $200,000,000 would be required to meet the estimated expenditures for the fiscal year ending June 30, 1862. He proposed the establishment of a national banking system, but did not recommend the fur ther issue of treasury notes. December 28 the New York banks suspended specie payment. By a joint resolution of January 21, 1862, Congress an nounced its intention of raising $1 50,000,000 by taxes and duties. January 22 Elbridge G. Spaulding of New York reported to the House, from the Com mittee of Ways and Means, a bill to authorize the issue of legal tender notes, etc., being a substitute for a bill for the issue of $100,000,000 demand notes, but without the legal tender provision, reported by Spaulding January 7. The bill encountered strong opposition both in and out of Congress, but on February 6 it passed the House, with various amendments, by a vote of 93 to 59. On the 13th the Senate, by a vote of 17 to 22, rejected an amendment striking out the legal tender clause, and passed the bill with amendments by a vote of 30 to 7. The House refusing to concur in the amendments of the Senate, the bill went to a conference committee, whose report was accepted on the 24th by the House by a vote of 98 to 22, and by the Senate without a division. The next day, however, on the motion of Fessenden, the action of the Senate was reconsidered and a second conference asked for. The report of this committee was accepted by the houses, and on the 25th the act was approved. A further issue of legal tender notes, to the amount of $1 50,000,000, was authorized by an act of July 11, a third, to the amount of $100,000,000, by a joint resolution of January 17, 1863, and a fourth, of $150,000,000, March 3, 1863. References. — Text in U.S. Statutes at Large, XII., 345-348. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe, where are also the texts of the numerous amendments offered. Morrill's substitute, embodying the recommendations of business men and bankers in consultation with Chase, 'and without the legal tender clause, is summarized in the Globe for February 4. On the constitutionality of the legal tender provision see Hepburn v. Griswold, 8 Wallace, 603; Legal Tender Cases, 12 ibid., 457; Juillard v. Greenman, no U.S. Reports, 421. 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. Be it enacted . . . , That the Secretary of the Treasury is hereby authorized to issue, on the credit of the United States, 1862] ISSUE OF LEGAL TENDER NOTES 447 one hundred and fifty millions of dollars of United States notes, not bearing interest, payable to bearer, at the Treasury of the United States, and of such denominations as he may deem ex pedient, not less than five dollars each : Provided, however, That fifty millions of said notes shall be in lieu of the demand Treas ury notes authorized to be issued by the act of . . . [July 17, 1861] . . ; which said demand notes shall be taken up as rapidly as practicable, and the notes herein provided for substituted for them: And provided further, That the amount of the two kinds of notes together shall at no time exceed the sum of one hundred and fifty millions of dollars, and such notes herein authorized shall be receivable in payment of all taxes, internal duties, excises, debts, and demands of every kind due to the United States, except duties on imports, and of all claims and demands against the United States of every kind whatsoever, except for interest upon bonds and notes, which shall be paid in coin, and shall also be lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid. . . And such United States notes shall be received the same as coin, at their par value, in payment for any loans that may be hereafter sold or negotiated by the Secretary of the Treasury, and may be re-issued from time to time as the exigencies of the public interests shall require. Sec 2. And be it further enacted, That to enable the Secre tary of the Treasury to fund the Treasury notes and floating debt of the United States, he is hereby authorized to issue, on the credit of the United States, coupon bonds, or registered bonds, to an amount not exceeding five hundred millions of dollars, redeemable at the pleasure of the United States after five years, and payable twenty years from date, and bearing interest at the rate of six per centum per annum, payable semi annually . . ; and all stocks, bonds, and other securities of the United States held by individuals, corporations, or associations, within the United States, shall be exempt from taxation by or under State authority. ******** Sec 5. And be it further enacted, 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 pay- 448 ADDITIONAL ARTICLE OF WAR [March 13 ment of public dues, and the coin so paid shall be set apart as 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 . . . [July 1, 1862 J . . . , which is to be set apart as a sinking fund, and the interest of which shall in like manner be applied to the purchase or payment of the public debt as the Secretary of the Treasury shall from time to time direct. Third. The residue thereof to be paid into the Treasury of the United States. No. 127. Act for an Additional Article of War March 13, 1862 July 9, 1861, the House of Representatives, by a vote of 92 to 55, resolved that "it is no part of the duty of the soldiers of the United States to capture and return fugitive slaves." December 23 the House Committee on Military Affairs was instructed to report a bill to make an additional article of war for bidding the use of the United States troops to return fugitives from service or labor. A bill to that effect was reported February 25, and passed, after much obstructive opposition, by a vote of 95 to 51. March 10, in the Senate, an amendment "that this article shall not apply in the States of Delaware, Mary land, Missouri, and Kentucky, nor elsewhere where the federal authority is recognized or can be enforced," was rejected, and the bill, by a vote of 29 to 9, passed. References. — Text in U.S. Statutes at Large, XII., 354. For the debates see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. Various military orders and reports relating to the subject are collected in McPherson, Rebellion, 244 seq. An Act to make an additional Article of War. Be it enacted . . . , That hereafter the following shall be pro mulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such; 52] COMPENSATED EMANCIPATION 449 ^ Article — . All officers or persons in the military or naval ser vice of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due;> and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. No. 128. Joint Resolution on Compensated Emancipation April 10, 1862 The first proposition for compensated emancipation seems to have been brought forward by James B. McKean of New York, who introduced in the House, February n, 1861, a resolution for the appointment of a select com mittee to inquire into the practicability of emancipating the slaves in the bor der States. No action was taken on the resolution. In a special message to Congress, March 6, 1862, Lincoln recommended the adoption of a resolution in the identical terms of the resolution following. The resolution was intro duced in the House, March 10, by Roscoe Conkling of New York, under sus pension of the rules, and the next day passed by a vote of 97 to 36. The Senate passed the resolution April 2, the vote being 32 to 10. April 7, by a vote of 67 to 52, the House adopted a resolution, submitted by Albert S. White of Indiana, for the appointment of a select committee of nine on com pensated emancipation in the border States. On March 10, and again on July 12, Lincoln had interviews with representatives of the border States, but the conferences were fruitless. In his proclamation of May 19, setting aside General Hunter's proclamation declaring free the slaves in Georgia, Florida, and South Carolina, Lincoln made an earnest plea for the acceptance of the offer proposed by the resolution; while in his annual message of December 1, 1862, he discussed the subject at length, and proposed an amendment to the Constitution to carry the plan into effect. Bills providing for compensated emancipation in Missouri and Maryland were introduced in the House in January, 1863, but failed to pass. References. — Text in U.S. Statutes at Large, XII., 617. For the pro ceedings see the House and Senate Journals, 37th Cong., ist Sess., and the Cong. Globe. Papers relating to Lincoln's interviews with representatives of the border States are in McPherson, Rebellion, 213-220. See also Senate Re port 12 and House Report 148, 37th Cong., 2d Sess.; House Report 33, 39th Cong., ist Sess. 450 SLAVERY IN DISTRICT OF COLUMBIA [April id Joint Resolution declaring that the United States ought to cooperate with, affording pecuniary Aid to any State which may adopt the gradual Abolishment of Slavery. Be it resolved . . . , That the United States ought to cooper ate with any State which may adopt gradual abolishment of slavery, giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system. No. 129. Act abolishing Slavery in the District of Columbia April 16, 1862 A bill "for the release of certain persons held to service or labor in the District of Columbia" was introduced in the Senate, December 16, 1861, by Henry Wilson of Massachusetts. The debate on the bill began March 1 2 and developed much opposition, but April 3, by a vote of 29 to 14, the bill passed. In the House a motion to reject the bill was lost, 45 to 93, and on the nth the bill passed, the final vote being 85 to 40. In his message of approval Lincoln suggested that further time be allowed for the presentation of claims, and that provision be made for " minors, femmes covert, insane, or absent persons"; and a supplementary act was passed July 12 embodying these changes. The civil appropriation act of July 16 made an appropriation of $500,000 for the removal and colonization of the emancipated negroes, but this, as to the unex pended balance, together with section eleven of the act of April 16, was re pealed by the civil appropriation act of July 2, 1864. Acts of May 20 and 21 provided for the education of colored children in the District. References. — Text in U.S. Statutes at Large, XII., 376-378. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. Calvert's minority report, March 12, is House Report 58. For a report of the commissioners see House Exec. Doc. 42, 38th Cong., ist Sess. An Act for the Release of certain Persons held to Service or Labor in the District of Columbia. Be it enacted . , That all persons held to service or labor within the District of Columbia by reason of African descent are hereby discharged and freed of and from all claim to such service 1862] SLAVERY IN DISTRICT OF COLUMBIA 451 or labor; and from and after the passage of this act neither slav ery nor involuntary servitude, except for crime, whereof the party shall be duly convicted, shall hereafter exist in said District. Sec 2. And be it further enacted, That all persons loyal to the United States, holding claims to service or labor against persons discharged therefrom by this act, may, within ninety days from the passage thereof, but not thereafter, present to the commissioners hereinafter mentioned their respective statements or petitions in writing, verified by oath or affirmation, setting forth the names, ages, and personal description of such persons, the manner in which said petitioners acquired such claim, and any facts touching the value thereof, and declaring his allegiance to the Government of the United States, and that he has not borne arms against the United States during the present rebellion, nor in any way given aid or comfort thereto : Provided, That the oath of the party to the petition shall not be evidence of the facts therein stated. Sec 3. And be it further enacted, That the President of the United States, with the advice and consent of the Senate, shall appoint three commissioners, residents of the District of Colum bia, . . . who shall receive the petitions above mentioned, and who shall investigate and determine the validity and value of the claims therein presented, as aforesaid, and appraise and apportion, under the proviso hereto annexed, the value in money of the several claims by them found to be valid: Provided, however, That the entire sum so appraised and apportioned shall not exceed in the aggregate an amount equal to three hundred dollars for each person shown to have been so held by lawful claim : And provided, further, That no claim shall be allowed for any slave or slaves brought into said District after the passage of this act, nor for any slave claimed by any person who has borne arms against the Govern ment of the United States in the present rebellion, or in any way given aid or comfort thereto, or which originates in or by virtue of any transfer heretofore made, or which shall hereafter be made by any person who has in any manner aided or sustained the rebellion against the Government of the United States. ******** 452 OATH OF OFFICE [July 2 No. 130. Abolition of Slavery in the Ter ritories June 19, 1862 March 24, 1862, Isaac N. Arnold of Illinois introduced in the House a bill "to render freedom national and slavery sectional." Another bill with a simi lar title was introduced May 1 by Owen Lovejoy of Illinois. The latter bill, with amended title, was reported May 8 as a substitute for the Arnold bill, and on the 12th passed the House by a vote of 85 to 50. The Senate, June 9, amended the House bill by substituting the text of the act as passed, the vote being 28 to 10. On the 17th the House concurred in the Senate amendment, and on the 19th the act was approved. The prohibition of the act was in corporated in the later acts organizing the Territories of Arizona and Idaho. References. — Text in U.S. Statutes at Large, XII., 432. For the pro ceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. An Act to secure Freedom to all Persons within the Territories of the United States. Be it enacted . . . , That from and after the passage of this act there shall be neither slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crimes whereof the party shall have been duly convicted. No. 131. Oath of Office July 2, 1862 By an act of August 6, 1861, all members of the civil departments of the government were required to take an oath of allegiance to the United States "against all enemies, domestic or foreign, . any ordinance, resolution, or law of any State convention or legislature to the contrary notwithstanding." An act of May 20, 1862, required voters in Washington and Georgetown, if challenged for disloyalty, to take a similar oath, with the addition of a clause declaring that the subscriber had "always been loyal and true to the Govern ment of the United States." An act of June 17 imposed upon grand and 1862] OATH OF OFFICE 453 petit jurors in United States courts an oath declaring "that you have not without duress and constraint, taken up arms, or joined any insurrection or rebellion against the United States; that you have not adhered to any in surrection or rebellion, giving it aid and comfort; that you have not, directly or indirectly, given any assistance in money, or any other thing, to any person or persons whom you knew, or had good ground to believe, had joined, or was about to join, said insurrection and rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States ; and that you have not counselled or advised any person or persons to join any re bellion against, or to resist with force of arms, the laws of the United States." The so-called "iron-clad" oath of July 2 had its origin in a bill introduced in the House, March 24, by James F. Wilson of Iowa, "declaring certain per sons ineligible to office." June 4 a substitute reported by the Committee on Judiciary, being a modified form of an amendment previously offered by Hor ace Maynard of Tennessee to a bill to free the slaves of rebels, was agreed to, and the bill passed, the vote being 78 to 47. The Senate, on motion of Garrett Davis of Kentucky, added an amendment excepting the Vice-Presi dent and Senators and Representatives, the amended bill passing the Senate on the 23d by a vote of 33 to 5. The House disagreeing, the Senate receded from so much of its amendment as excepted Senators and Representatives, and in this form the bill passed. The acts of June 17 and July 2 were re pealed by an act of May 13, .1884. References. — Text in U.S. Statutes at Large, XII., 502, 503. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. On the loyalty of government employees see House Report 16, 37th Cong., 2d Sess. On the modification of the oath see House Exec. Doc. 81, 39th Cong., ist Sess., House Report, 51, ibid., Senate Exec. Doc. 38, ibid., and No. 159, post. An Act to prescribe an Oath of Office, and for other Purposes. Be it enacted . . . , That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military or naval depart ments of the public service, excepting the President of the United States, shall, before entering upon the duties of such 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 volun tarily 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 any author- 454 CONFISCATION ACT [July 17 ity or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended govern ment, authority, power or constitution within the United States, 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 faith fully discharge the duties of the office on which I am about to enter, so help me God;" . . . No. 132. Confiscation Act July 17, 1862 A bill "to confiscate the property of rebels for the payment of the ex penses of the present rebellion" was reported in the House, May 14, 1862, by Thomas D. Eliot of Massachusetts, from the select committee on the confisca tion of rebel property, together with a bill to free the slaves of rebels. On the 26th a substitute for the two bills, offered by Morrill of Vermont on the 20th, was rejected by a vote of 25 to 122, and the bill passed, the vote being 82 to 68. The House bill was more stringent than the act finally passed, but a substitute agreed to by the Senate, June 28, by a vote of 28 to 13, was thought by the House too lenient, and by a vote of 8 to 123 the amendment of the Senate was disagreed to. The report of the conference committee, being the Senate substitute with amendments, was agreed to by the House, July 11, by a vote of 82 to 42, and by the Senate, July 12, by a vote of 28 to 13. President Lincoln had intended to veto the bill on the ground that under it offenders would be forever divested of title to their real estate, and punish ment would thus be made to extend beyond the life of the guilty party. To obviate this objection, a joint resolution explanatory of the act was hurried through both houses July 17. Lincoln, in communicating to Congress his approval of the act and the resolution, transmitted also the veto message which he had already prepared. A proclamation under section 6 of the act was issued the same day that the act as approved, and December 8, 1863, a proclamation of amnesty [No. 137] under section 13. The latter section was repealed, with the purpose of restricting the pardoning power of the President, July 17, 1867. References. — Text in U.S. Statutes at Large, XII., 589-592. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. The texts of all amendments and substitutes are in the Globe. The debates called out numerous formal speeches. On the seizure of lands 1862] CONFISCATION ACT 455 under the act see a report by O. O. Howard, House Exec. Doc. 19, 39th Cong., ist Sess.; see also Senate Exec. Doc. 58, 40th Cong., 2d Sess. An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Pur poses.Be it enacted . . . , That every person who shall hereafter com mit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free; . . . Sec 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by im prisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court. Sec 3. And be it further enacted, That every person guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the United States. ** * * * * * * Sec 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the army of the United States, that is to say : First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the government of the United States. Secondly. Of any person hereafter acting as President, Vice- President, member of Congress, judge of any court, cabinet officer. 456 CONFISCATION ACT [July 17 foreign minister, commissioner or consul of the so-called confeder ate states of America. Thirdly. Of any person acting as governor of a state, member of a convention or legislature, or judge of any court of any of the so-called confederate states of America.1 Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called confederate states of America. Fifthly. Of any person hereafter holding any office or agency under the government of the so-called confederate states of Amer ica, or under any of the several states of the said confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character : Provided, That the persons, thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of recession of the state, or shall have taken an oath of allegiance to, or to support the constitution of the so-called confederate states. Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; . . . Sec 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the govern ment of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servi tude, and not again held as slaves. Sec io. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offence against the laws, 1 See joint resolution of July 17 (U. S. Stat, at Large, XII., 627). — Ed. 1862] EMANCIPATION PROCLAMATION 457 unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence what ever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service. Sec ii. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare. No. 133. Emancipation Proclamation January 1, 1863 A draft of an emancipation proclamation was read to the Cabinet by Lincoln July 22, 1862, but at Seward's suggestion the paper was laid aside until an important Union victory should have been won. The desired vic tory came at Antietam, September 16-17. A preliminary proclamation was issued September 22, and the definitive one January 1, 1863. December 15, in the House, a resolution declaring that the proclamation of September 22 "is warranted by the Constitution," and that the policy of emancipation "was well chosen as a war measure, and is an exercise of power with proper regard for the rights of the States and the perpetuity of free government," was adopted by a vote of 78 to 5 1 . References. — Text in U.S. Statutes at Large, XII., 1 268, 1 269. Various resolutions submitted in the House and Senate are collected in McPherson, Rebellion, 209-233; on Fremont's proclamation of August 31, 1861, see ibid., 245-247. See also House Exec. Doc. 72, 37th Cong., 3d Sess. Whereas, on . . . [September 22, 1862] . . . , a proclamation was issued by the President of the United States, containing, among other things, the following, to wit : "That on . . . [January 1, 1863] . . . , all persons held as 458 EMANCIPATION PROCLAMATION [Jan. 1 slaves within any state or designated part of a state, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free; and the Execu tive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. "That the Executive will, on the first day of January afore said, by proclamation, designate the states and parts of states, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any state, or the people thereof, shall on that day be in good faith repre sented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such states shall have participated, shall, in the absence of strong counter vailing testimony, be deemed conclusive evidence that such state, and the people thereof, are not then in rebellion against the United States." Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as commander-in- chief of the army and navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for sup pressing said rebellion, do, on this first day of January, . . . [1863] . . . , and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the states and parts of states wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit : Arkansas, Texas, Louisiana, (except the parishes of St. Ber nard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans,) Missis sippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, North ampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth,) and which 1863] ENROLMENT ACT 459 excepted parts are for the present left precisely as if this procla mation were not issued. And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated states and parts of states are, and henceforward shall be, free; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages. And I further declare and make known that such persons, of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God. No. 134. Enrolment Act March 3, 1863 August 4, 1862, Lincoln ordered a draft of 300,000 men. Four days later it was ordered that no citizen liable to be drafted should be allowed to go to a foreign country. The draft was completed early in September. A bill to provide for enrolling and calling out the national forces was reported in the Senate, February 9, 1863, by Wilson of Massachusetts, from the Committee on Military Affairs and Militia, to whom the subject had been referred, and on the 16th passed without a division. In the House a motion to limit the enrol ment to white citizens was lost by a vote of 53 to 85; an attempt to strike out the $300 commutation clause also failed, the vote being 67 to 87. Febru ary 25 the bill passed the House. The Senate concurred in the House amend ments, and March 3 the act was approved. A proclamation under section twenty-six of the act was issued March 10, followed May 8 by a proclamation relative to the status of aliens under the act. References. — Text in U.S. Statutes at Large, XII., 731-737. For the 460 ENROLMENT ACT [March 3 proceedings see the House and Senate Journals, 37th Cong., 3d Sess., and the Cong. Globe. A summary of the bill as reported in the Senate is in the Globe, February 16. The executive orders of August 4 and 8, 1862, are in Richard son, Messages and Papers of the Presidents, VI. , 120-121. On the enforce ment of the act see the annual report of the Secretary of War, 1863. An Act for enrolling and calling out the national Forces, and for other Purposes. Whereas there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the govern ment to suppress insurrection and rebellion, to guarantee to each State a republican form of government, and to preserve the public tranquillity; and whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no ser vice can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government: There fore — Be it enacted . . . , That all able-bodied male citizens of the United States, and persons of foreign birth who shall have de clared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose. Sec 2. And be it further enacted, That the following persons be, and they are hereby, excepted and exempt from the provi sions of this act, and shall not be liable to military duty under the same, to wit: Such as are rejected as physically or mentally unfit for the service; also, First the Vice-President of the United States, the judges of the various courts of the United States, the heads of the various executive departments of the government, and the governors of the several States. Second, the only son liable to military duty of a widow dependent upon his labor for support. Third, the only son of aged or infirm parent or parents dependent upon his labor for support. Fourth, where there are two or more sons of aged or infirm parents subject to draft, the i863] ENROLMENT ACT 461 father, or, if he be dead, the mother, may elect which son shall be exempt. Fifth, the only brother of children not twelve years old, having neither father nor mother dependent upon his labor for support. Sixth, the father of motherless children under twelve years of age dependent upon his labor for support. Sev enth, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as non-commissioned officers, musicians, or pri vates, the residue of such family and household, not exceeding two, shall be exempt. And no persons but such as are herein excepted shall be exempt: Provided, however, That no person who has been convicted of any felony shall be enrolled or per mitted to serve in said forces. Sec 3. And be it further enacted, That the national forces of the United States not now in the military service, enrolled under this act, shall be divided into two classes: the first of which shall comprise all persons subject to do military duty between the ages of twenty and thirty-five years, and all unmarried per sons subject to do military duty above the age of thirty-five and under the age of forty-five; the second class shall comprise all other persons subject to do military duty, and they shall not, in any district, be called into the service of the United States until those of the first class shall have been called.1 Sec 4. And be it further enacted, That, for greater conven ience in enrolling, calling out, and organizing the national forces, and for the arrest of deserters and spies of the enemy, the United States shall be divided into districts, of which the District of Columbia shall constitute one, each territory of the United States shall constitute one or more, as the President shall direct, and each congressional district of the respective states, as fixed by a law of the state next preceding the enrolment, shall constitute one : . . . Sec 5. And be it further enacted, That for each of said dis tricts there shall be appointed by the President a provost-mar shal, . . . who shall be under the direction and subject to the orders of a provost-marshal-general, . . . whose office shall be at the seat of government, forming a separate bureau of the War Department. . . . 1 See act of February 24, 1864, section n. — Ed. 462 ENROLMENT ACT [March 3 [Sections 6 and 7. Duties of provost-marshal-general and pro vost marshals.] Sec 8. And be it further enacted, That in each of said districts there shall be a board of enrolment, to be composed of the pro vost-marshal, as president, and two other persons, to be ap pointed by the President of the United States, one of whom shall be a licensed and practising physician and surgeon. Sec 9. And be it further enacted, That it shall be the duty of the said board to divide the district into sub-districts of con venient size, if they shall deem it necessary, not exceeding two, without the direction of the Secretary of War, and to appoint, on or before the tenth day of March next, and in each alternate year thereafter, an enrolling officer for each sub-district, and to furnish him with proper blanks and instructions; and he shall immediately proceed to enrol all persons subject to military duty, noting their respective places of residence, ages on the first day of July following, and their occupation, and shall, on or before the first day of April, report the same to the board of enrolment, to be consolidated into one list, a copy of which shall be transmitted to the provost-marshal-general on or before the first day of May succeeding the enrolment : . . . ******** Sec ii. And be it further enacted, That all persons thus en rolled shall be subject, for two years after the first day of July succeeding the enrolment, to be called into the military service of the United States, and to continue in service during the present rebellion, not, however, exceeding the term of three years. . . . Sec 12. And be it further enacted, That whenever it may be necessary to call out the national forces for military service, the President is hereby authorized to assign to each district the number of men to be furnished by said district; and thereupon the enrolling board shall, under the direction of the President, make a draft of the required number, and fifty per cent, in addition. . . . Sec 13. And be it further enacted, That any person drafted and notified to appear as aforesaid, may, on or before the day fixed for his appearance, furnish an acceptable substitute to take his place in the draft; or he may pay to such person as the Secretary of War may authorize to receive it, such sum, not ex ceeding three hundred dollars, as the Secretary may determine, 1863] HABEAS CORPUS 463 for the procuration of each substitute; . . . And any person failing to report after due service of notice, as herein prescribed, without furnishing a substitute, or paying the required sum therefor, shall be deemed a deserter . . . ******** Sec 25. And be it further enacted, That if any person shall resist any draft of men enrolled under this act into the service of the United States, or shall counsel or aid any person to re sist any such draft; or shall assault or obstruct any officer in making such draft, or in the performance of any service in rela tion thereto; or shall counsel any person to assault or obstruct any such officer, or shall counsel any drafted men not to appear at the place of rendezvous, or wilfully dissuade them from the performance of military duty as required by law, such person shall be subject to summary arrest by the provost-marshal, and shall be forthwith delivered to the civil authorities, and, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, or by both of said punishments. No. 135. Act relating to Habeas Corpus March 3, 1863 April 27, 1861, Lincoln by executive order authorized General Scott, in his discretion, to suspend the privilege of the writ of habeas corpus on any military line between Philadelphia and Washington. July -j this authoriza tion was extended to the military line between New York and Washington. A proclamation of May 10 authorized suspension in the islands of Key West, the Tortugas, and Santa Rosa. Doubt as to the legality of these executive orders, however, reenforced by public criticism of the numerous arrests of civilians in pursuance of them, led to the issue, February 14, 1862, of an order directing the release of political prisoners held in military custody, "on their subscribing to a parole engaging them to render no aid or comfort to the enemies in hostility to the United States" ; but a proclamation of September 24 declared all disloyal persons subject to martial law, and suspended the privilege of the writ as to such persons. An act of August 6, 1861, had in the meantime validated all the acts, proclamations, and orders of the President, relating to military affairs, issued since the 4th of March preceding. A bill 464 HABEAS CORPUS [March 3 "to indemnify the President and other persons for suspending the privilege of the writ of habeas corpus, and acts done in pursuance thereof," was introduced in the House, December 8, 1862, by Thaddeus Stevens, and passed the same day, notwithstanding strong opposition, by a vote of 91 to 46. On the 22d a protest against the bill, signed by thirty-six members of the House, was, by a vote of 75 to 40, refused entry on the journal. The bill was reported with amendments in the Senate January 15, 1S63, and passed that body on the 27th, after long discussion, by a vote of 33 to 7. The House, by a vote of 35 to 114, refused to agree to the Senate amendments, and the bill received its final form from a conference committee, the Senate receding from its amend ments and accepting a modified form of the House bill. A proclamation of September 15, under the act, declared a general suspension of the privilege of the writ throughout the United States; this was revoked as to the loyal States December 1, 1865. An amendatory act was passed May 11, 1866. An act of March 2, 1867, validated all acts, proclamations, and orders of the President respecting martial law, &c, after March 4, 1861, and before July i, 1866. References. — Text in U.S. Statutes at Large, XII., 755-758. For the proceedings see the House and Senate Journals, 37th Cong., 3d Sess., and the Cong. Globe. The Pendleton protest is in the Globe, December 22; the Senate amendments, ibid., February 19, House proceedings. Numerous orders, reports, letters, etc., are collected in McPherson, Rebellion, 152-194; see also House Exec. Doc. 6, 37th Cong., ist Sess., and Senate Exec. Doc. 11, 37th Cong., 3d Sess. For Taney's opinion, 1861, against the right of the President to suspend, see Ex parte Merryman, Taney's Reports, 246; cf. Tyler, Taney, chap. 6. The opinion of Bates affirming the right is in House Exec. Doc. 5, 37th Cong., ist Sess. Cf. Ex parte Milligan (1866), 4 Wallace, 2, and Garfield's argument, Works, I., 158; Vallandigham's Case, 1 Wallace, 243. On Lincoln's proclamation of September 24, 1862, see Curtis, Constitu tional History, II. , 668-686. The act of indemnity of March 2, 1867, is in MacDonald's Select Statutes, No. 58. See also Thayer, Cases on Constitu tional Law, 2374, 2375; reports of the Provost Marshal General; Whiting, War Powers. An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases. Be it enacted . . , That, during the present rebellion, the President of the United States, whenever, in his judgment, the public safety may require it, is authorized to suspend the privi lege of the writ of habeas corpus in any case throughout the United States, or any part thereof. And whenever and wher ever the said privilege shall be suspended, as aforesaid, no mili tary or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or personsj 1863] HABEAS CORPUS 465 detained by him by authority of the President; but upon the certificate, under oath, of the officer having charge of any one so detained that such person is detained by him as a prisoner under authority of the President, further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the said writ, so long as said suspension by the President shall remain in force, and said rebellion continue. Sec 2. And be it further enacted, That the Secretary of State and the Secretary of War be, and they are hereby, directed, as soon as may be practicable, to furnish to the judges of the circuit and district courts of the United States and of the Dis trict of Columbia a list of the names of all persons, citizens of states in which the administration of the laws has continued unimpaired in the said Federal courts, who are now, or may hereafter be, held as prisoners of the United States, by order or authority of the President of the United States or either of said Secretaries, in any fort, arsenal, or other place, as state or politi cal prisoners, or otherwise than as prisoners of war; the said list to contain the names of all those who reside in the respec tive jurisdictions of said judges, or who may be deemed by the said Secretaries, or either of them, to have violated any law of the United States in any of said jurisdictions, and also the date of each arrest; . . . And in all cases where a grand jury, hav ing attended any of said courts having jurisdiction in the prem ises, after the passage of this act, and after the furnishing of said list, as aforesaid, has terminated its session without finding an indictment or presentment, or other proceeding against any such person, it shall be the duty of the judge of said court forth with to make an order that any such prisoner desiring a dis charge from said imprisonment be brought before him to be discharged; and every officer of the United States having cus tody of such prisoner is hereby directed immediately to obey and execute said judge's order; and in case he shall delay or refuse so to do, he shall be subject to indictment for a misdemeanor, and be punished by a fine of not less than five hundred dollars and imprisonment in the common jail for a period not less than six months, in the discretion of the court; Provided, however, That no person shall be discharged by virtue of the provisions of this act until after he or she shall have taken an oath of allegiance 466 HABEAS CORPUS [March 3 to the Government of the United States, and to support the Con stitution thereof; and that he or she will not hereafter in any way encourage or give aid and comfort to the present rebellion, or the supporters thereof. . . . Sec 3. And be it further enacted, That in case any of such prisoners shall be under indictment or presentment for any offence against the laws of the United States, and by existing laws bail or a recognizance may be taken for the appearance for trial of such person, it shall be the duty of said judge at once to discharge such person upon bail or recognizance for trial as aforesaid. And in case the said Secretaries of State and War shall for any reason refuse or omit to furnish the said list of persons held as prisoners as aforesaid at the time of the passage of this act within twenty days thereafter, and of such persons as hereafter may be arrested within twenty days from the time of the arrest, any citizen may, after a grand jury shall have terminated its session without finding an indictment or presentment, as provided in the second section of this act, by a petition alleging the facts aforesaid touching any of the per sons so as aforesaid imprisoned, supported by the oath of such petitioner or any other credible person, obtain and be entitled to have the said judge's order to discharge such prisoner on the same terms and conditions prescribed in the second section of this act: Provided, however, That the said judge shall be satis fied such allegations are true. Sec 4. And be it further enacted, That any order of the Presi dent, or under his authority, made at any time during the exist ence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Con gress, and such defence may be made by special plea, or under the general issue. 1863] FOREIGN MEDIATION 467 No. 136. Resolution against Foreign Mediation March 3, 1863 December 4, 1862, Thaddeus Stevens offered in the House four resolu tions, one of which declared "that this government can never accept the mediation nor permit the intervention of any foreign nation during this re bellion in our domestic affairs." A report from the Secretary of State, with documents, " on the subjects of mediation, arbitration, or other measures look ing to the termination of the existing civil war," was laid before the Senate February 1 2, 1863, and referred to the Committee on Foreign Relations, which reported on the 28th, through Charles Sumner, the resolution following. The resolution passed the Senate March 3, by a vote of 31 to 5, and the House on the same day by a vote of 103 to 28. References. — Text in Senate Journal, 37th Cong , 3d Sess., 367, 368. There was no debate in the House. For the diplomatic correspondence see British and Foreign State Papers, LV., 412-451. Whereas it appears from the diplomatic correspondence sub mitted to Congress that a proposition, friendly in form, looking to pacification through foreign meditation, has been made to the United States by the Emperor of the French and promptly declined by the President; and whereas the idea of mediation or intervention in some shape may be regarded by foreign gov ernments as practicable, and such governments, through this misunderstanding, may be led to proceedings tending to embar rass the friendly relations which now exist between them and the United States; and whereas, in order to remove for the future all chance of misunderstanding on this subject, and to secure for the United States the full enjoyment of that freedom from foreign interference which is one of the highest rights of independent states, it seems fit that Congress should declare its convictions thereon : Therefore — Resolved, (the House of Representatives concurring,) That while in times past the United States have sought and accepted the friendly mediation or arbitration of foreign powers for the pacific adjustment of international questions, where the United States were the party of the one part and some other sovereign power the party of the other part; and while they are not dis- 468 FOREIGN MEDIATION [March 3 posed to misconstrue the natural and humane desire of foreign powers to aid in arresting domestic troubles, which, widening in their influence, have afflicted other countries, especially in view of the circumstance, deeply regretted by the American people, that the blow aimed by the rebellion at the national life has fallen heavily upon the laboring population of Europe: yet, notwith standing these things, Congress cannot hesitate to regard every proposition of foreign interference in the present contest as so far unreasonable and inadmissible that its only explanation will be found in a misunderstanding of the true state of the question, and of the real character of the war in which the republic is engaged. Resolved, That the United States are now grappling with an unprovoked and wicked rebellion, which is seeking the destruc tion of the republic that it may build a new power, whose corner-stone, according to the confession of its chief, shall be slavery; that for the suppression of this rebellion, and thus to save the republic and to prevent the establishment of such a power, the national government is now employing armies and fleets, in full faith that through these efforts all the purposes of conspirators and rebels will be crushed; that while engaged in this struggle, on which so much depends, any proposition from a foreign power, whatever form it may take, having for its object the arrest of these efforts, is, just in proportion to its influence, an encouragement to the rebellion, and to its declared preten sions, and, on this account, is calculated to prolong and embitter the conflict, to cause increased expenditure of blood and treas ure, and to postpone the much-desired day of peace; that, with these convictions, and not doubting that every such proposition, although made with good intent, is injurious to the national interests, Congress will be obliged to look upon any further attempt in the same direction as an unfriendly act which it earnestly deprecates, to the end that nothing may occur abroad to strengthen the rebellion or to weaken those relations of good will with foreign powers which the United States are happy to cultivate. Resolved, That the rebellion from its beginning, and far back even in the conspiracy which preceded its outbreak, was encour aged by the hope of support from foreign powers; that its chiefs 1863] FOREIGN MEDIATION 469 frequently boasted that the people of Europe were so far de pendent upon regular supplies of the great southern staple that, sooner or later, their governments would be constrained to take side with the rebellion in some effective form, even to the extent of forcible intervention, if the milder form did not prevail; that the rebellion is now sustained by this hope, which every propo sition of foreign interference quickens anew, and that, without this life-giving support, it must soon yield to the just and paternal authority of the national government; that, considering these things, which are aggravated by the motive of the resistance thus encouraged, the United States regret that foreign powers have not frankly told the chiefs of the rebellion that the work in which they are engaged is hateful, and that a new government, such as they seek to found, with slavery as its acknowledged cornerstone, and with no other declared object of separate exist ence, is so far shocking to civilization and the moral sense of mankind that it must not expect welcome or recognition in the commonwealth of nations. Resolved, That the United States, confident in the justice of their cause, which is the cause, also, of good government and of human rights everywhere among men; anxious for the speedy restoration of peace, which shall secure tranquillity at home and remove all occasion of complaint abroad; and awaiting with well-assured trust the final suppression of the rebellion, through which all these things, rescued from present danger, will be secured forever, and the republic, one and indivisible, trium phant over its enemies, will continue to stand an example to mankind, hereby announce, as their unalterable purpose, that the war will be vigorously prosecuted, according to the humane principles of Christian states, until the rebellion shall be over come; and they reverently invoke upon their cause the bless ings of Almighty God. Resolved, That the President be requested to transmit a copy of these resolutions, through the Secretary of State, to the min isters of the United States in foreign countries, that the declara tion and protest herein set forth may be communicated by them to the governments to which they are accredited. 470 PROCLAMATION OF AMNESTY [Dec. 8 No. 137. Proclamation of Amnesty December 8, 1863 The proclamation of December 8, 1863, offering amnesty on conditions, was issued under authority of the so-called Confiscation Act of July 17, 1862 [No. 132]. In his annual message of the same date, Lincoln urged the propriety of the proclamation, and expressed the opinion "that nothing is attempted beyond what is amply justified by the Constitution." A supple mentary proclamation of March 26, 1864, explained that the previous procla mation did not apply to prisoners of war. References. — Text in U.S. Statutes at Large, XIII., Appendix, vii-ix. A circular to United States district attorneys is in McPherson, Rebellion, 148, 149. [The proclamation begins with a statement of the constitu tional right of the President to grant pardons, of the existence of rebellion in certain States, of the authorization of pardon by proclamation under the Confiscation Act, and of the previous issuance of proclamations "in regard to the liberation of slaves," and continues:] and Whereas, it is now desired by some persons heretofore en gaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal state governments within and for their respective states : Therefore — ¦ I, Abraham Lincoln, President of the United States, do pro claim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain 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, in presence of Almighty God, that I will henceforth faithfully support, protect, and de fend the Constitution of the United States and the Union of the States thereunder; and that I will, in like manner, abide by and faithfully support all acts of congress passed during the existing 1863] PROCLAMATION OF AMNESTY 471 rebellion with reference to slaves, so long and so far as not re pealed, modified, or held void by congress, or by decision of the supreme court; and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the supreme court. So help me God." The persons excepted from the benefits of the foregoing pro visions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called Confederate government above the rank of colonel in the army or of lieutenant in the navy; all who left seats in the United States congress to aid the rebellion; all who resigned commissions in the army or navy of the United States and afterwards aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in- charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or in any other capacity. And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Caro lina, and North Carolina,1 a number of persons, not less than one tenth in number of the votes cast in such state at the presi dential election ... [of i860] . . . , each having taken the oath aforesaid, and not having since violated it, and being a qualified voter by the election law of the state existing immediately before the so-called act of secession, and excluding all others, shall .re establish a state government which shall be republican, and in nowise contravening said oath, such shall be recognized as the true government of the state, and the state shall receive there under the benefits of the constitutional provision which declares that "the United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them 1 The omission of Virginia is explained by the fact that Lincoln had already recognized the so-called Pierpont government. — Ed. 472 PROCLAMATION OF AMNESTY [Dec. 8 against invasion; and on application of the legislature, or the executive, (when the legislature cannot be convened,) against domestic violence." And I do further proclaim, declare, and make known that any provision which may be adopted by such state government in relation to the freed people of such state, which shall recognize and declare their permanent freedom, provide for their educa tion, and which may yet be consistent as a temporary arrange ment with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive. And it is suggested as not improper that, in constructing a loyal state government in any state, the name of the state, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbe fore stated, and such others, if any, not contravening said con ditions, and which may be deemed expedient by those framing the new state government. To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to state governments, has no reference to states wherein loyal state governments have all the while been maintained. And, for the same reason, it may be proper to further say, that whether members sent to congress from any state shall be admitted to seats constitutionally rests exclusively with the respective houses, and not to any extent with the Executive. And still further, that this proclamation is intended to present the people of the states wherein the national authority has been suspended, and loyal state governments have been subverted, a mode in and by which the national authority and loyal state governments may be reestablished within said states, or in any of them; and, while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable. 1864] NATIONAL BANK ACT 473 No. 138. National Bank Act June 3, 1864 The beginning of the present national bank system is to be found in the act "to provide a national currency, secured by a pledge of United States stocks, and to provide for the circulation and redemption thereof," approved February 25, 1863. This act, however, proved defective, and the comp troller of the currency, in a report accompanying the annual report of the Secretary of the Treasury, December 10, 1863, made numerous suggestions for amendment. A bill with the same title as the existing act was reported in the House, March 14, by Hooper of Massachusetts, from the Committee of Ways and Means, and after protracted discussion was laid on the table by a vote of 90 to 44. Another bill with similar title was introduced by Hooper April n, and passed the House on the 18th by a vote of 80 to 66. A bill to the same effect had been introduced in the Senate, April 8, by John Sherman of Ohio, and referred to the Committee on Finance, which, on the 21st, re ported the House bill with amendments. The amended bill passed the Senate May n, by a vote of 30 to 9. The House disagreed to the Senate amend ments, and the bill received its final form from a conference committee, whose report was accepted by the houses June 1 . References. — Text in U.S. Statutes at Large, XIII., 99-118. Only the most important parts of the act are given below. The act has been many times amended ; editions showing the various changes are issued from time to time by the comptroller of the currency. For the proceedings see the House and Senate Journals, 38th Cong., ist Sess., and the Cong. Globe, where will be found the texts of all the important amendments proposed or adopted. A comparison of Hooper's first bill with the act of February 25 will be found in the Globe, March 23. An Act to provide a National Currency, secured by a Pledge of United States Bonds, and to provide for the Circulation and Redemption thereof. Be it enacted . . . , That there shall be established in the treasury department a separate bureau, which shall be charged with the execution of this and all other laws that may be passed by congress respecting the issue and regulation of a national currency secured by United States bonds. The chief officer of the said bureau shall be denominated the comptroller of the currency, and shall be under the general direction of the Secre tary of the Treasury. He shall be appointed by the President, on the recommendation of the Secretary of the Treasury, by and with the advice and consent of the Senate, and shall hold 474 NATIONAL BANK ACT [June 3 his office for the term of five years unless sooner removed by the President, upon reasons to be communicated by him to the Senate. . . . The comptroller and deputy-comptroller shall not, either directly or indirectly, be interested in any association issuing national currency under the provisions of this act. 5|C Jp *1* Jj» *P *fC 5JJ ^ Sec 5. And be it further enacted, That associations for carry ing on the business of banking may be formed by any number of persons, not less in any case than five, who shall enter into articles of association, which shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with the provisions of this act, which the association may see fit to adopt for the regulation of the business of the association and the conduct of its affairs, which said articles shall be signed by the persons uniting to form the association, and a copy of them forwarded to the comptroller of the currency, to be filed and preserved in his office. ******** Sec 7. And be it further enacted, That no association shall be organized under this act, with a less capital than one hun dred thousand dollars, nor in a city whose population exceeds fifty thousand persons, with a less capital than two hundred thousand dollars: Provided, That banks with a capital of not less than fifty thousand dollars may, with the approval of the Secretary of the Treasury, be organized in any place the popu lation of which does not exceed six thousand inhabitants.1 Sec 8. And be it further enacted, That every association formed pursuant to the provisions of this act shall from the date of the execution of its organization certificate, be a body corporate, but shall transact no business except such as may be incidental to its organization and necessarily preliminary, until authorized by the comptroller of the currency to commence the business of banking. Such association shall have power to adopt a corporate seal, and shall have succession by the name designated in its organi zation certificate, for the period of twenty years from its organi zation, unless sooner dissolved according to the provisions of its articles of association, or by the act of its shareholders owning two 1 See act of March 14, 1900, section 10. — Ed. 1864] NATIONAL BANK ACT 475 thirds of its stock, or unless the franchise shall be forfeited by a violation of this act; by such name it may make contracts . . . [ &c] . . . , and exercise under this act all such incidental powers as shall be necessary to carry on the business of banking by dis counting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; by obtaining, issuing, and circulating notes according to the provisions of this act . . . Sec 9. And be it further enacted, That the affairs of every association shall be managed by not less than five directors, one of whom shall be the president. Every director shall, during his whole term of service, be a citizen of the United States; and at least three fourths of the directors shall have resided in the state, territory, or district in which such association is located one year next preceding their election as directors, and be resi dents of the same during their continuance in office. Each director shall own, in his own right, at least ten shares of the capital stock of the association of which he is a director. . . . ******** Sec ii. And be it further enacted, That in all elections of directors, and in deciding all questions at meetings of share holders, each shareholder shall be entitled to one vote on each share of stock held by him. . . . Sec 12. And be it further enacted, That the capital stock of any association formed under this act shall be divided into shares of one hundred dollars each, and be deemed personal property and transferable on the books of the association in such manner as may be prescribed in the by-laws or articles of association. . . . The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares; except that share holders of any banking association now existing under state laws, having not less than five millions of dollars of capital actually paid in, and a surplus of twenty per centum on hand, both to be deter- 476 NATIONAL BANK ACT [June 3 mined by the comptroller of the currency, shall be liable only to the amount invested in their shares 1- . . Sec 14. And be it further enacted, That at least fifty per centum of the capital stock of every association shall be paid in before it shall be authorized to commence business; and the re mainder of the capital stock of such association shall be paid in instalments of at least ten per centum each on the whole amount of the capital as frequently as one instalment at the end of each succeeding month from the time it shall be authorized by the comptroller to commence business. . . . Sec 16. And be it further enacted, That every association, after having complied with the provisions of this act, prelimi nary to the commencement of banking business under its pro visions, and before it shall be authorized to commence business, shall transfer and deliver to the treasurer of the United States any United States registered bonds bearing interest to an amount not less than thirty thousand dollars nor less than one third of the capital stock paid in, which bonds shall be deposited with the treasurer of the United States and by him safely kept in his office until the same shall be otherwise disposed of, in pursuance of the provisions of this act; and the Secretary of the Treasury is hereby authorized to receive and cancel any United States coupon bonds, and to issue in lieu thereof registered bonds of like amount, bearing a like rate of interest, and having the same time to run; and the deposit of bonds shall be, by every association, increased as its capital may be paid up or increased, so that every association shall at all times have on deposit with the treasurer registered United States bonds to the amount of at least one third of its capital stock actually paid in. . . . Sec 21. And be it further enacted, That upon the transfer and delivery of bonds to the treasurer, as provided in the fore going section, the association making the same shall be entitled to receive from the comptroller of the currency circulating notes of different denominations, in blank, registered and counter- 1 This exception was designed to include the Bank of Commerce of New York. — Ed. 1864] NATIONAL BANK ACT 477 signed as hereinafter provided, equal in amount to ninety per centum of the current market value of the United States bonds so transferred and delivered, but not exceeding ninety per cen tum of the amount of said bonds at the par value thereof, if bearing interest at a rate not less than five per centum per annum; : and at no time shall the total amount of such notes, issued to any such association, exceed the amount at such time actually paid in of its capital stock. Sec 22. And be it further enacted, That the entire amount of notes for circulation to be issued under this act shall not exceed three hundred millions of dollars. . . . Sec 23. And be it further enacted, That after any such asso ciation shall have caused its promise to pay such notes on demand to be signed by the president or vice-president and cashier thereof, in such manner as to make them obligatory promissory notes, payable on demand, at its place of business, such association is hereby authorized to issue and circulate the same as money; and the same shall be received at par in all parts of the United States in payment of taxes, excises, public lands, and all other dues to the United States, except for duties on imports ; and also for all salaries and other debts and demands owing by the United States to in dividuals, corporations, and associations within the United States, except interest on the public debt, and in redemption of the national currency. And no such association shall issue post notes or any other notes to circulate as money than such as are authorized by the foregoing provisions of this act.2 Sec 26. And be it further enacted, That the bonds transferred to and deposited with the treasurer of the United States, as here inbefore provided, by any banking association for the security of its circulating notes, shall be held exclusively for that purpose, until such notes shall be redeemed, except as provided in this act; but the comptroller of the currency shall give to any such banking association powers of attorney to receive and appropriate to its own use the interest on the bonds which it shall have so trans- 1 See act of March 3, 1865 (U. S. Stat, at Large, XIII., 498), relative to the allotment of circulation. — Ed. 2 As to State taxation of national bank currency and United States notes, see act of August 13, 1894 (U. S. Stat, at Large, XXVIII., 278). — Ed. 478 NATIONAL BANK ACT [June 3 f erred to the treasurer; but such powers shall become inoperative whenever such banking association shall fail to redeem its circulat ing notes as aforesaid. Whenever the market or cash value of any bonds deposited with the treasurer of the United States, as aforesaid, shall be reduced below the amount of the circulation issued for the same, the comptroller of the currency is hereby authorized to demand and receive the amount of such deprecia tion in other United States bonds at cash value, or in money, from the association receiving said bills, to be deposited with the treasurer of the United States as long as such depreciation continues. . . . Sec 29. And be it further enacted, That the total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a com pany or firm the liabilities of the several members thereof, shall at no time exceed one tenth part of the amount of the capital stock of such association actually paid in : Provided, That the discount of bona fide bills of exchange drawn against actually existing values, and the discount of commercial or business paper actually owned by the person or persons, corporation, or firm negotiating the same shall not be considered as money borrowed. Sec 30. And be it further enacted, That every association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidences of debt, interest at the rate allowed by the laws of the state or ter ritory where the bank is located, and no more. . . And when no rate is fixed by the laws of the state or territory, the bank may take, receive, reserve, or charge a rate not exceeding seven per cen tum. Sec 31. And be it further enacted, That every association in the cities hereinafter named shall, at all times, have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of the aggregate amount of its notes in circulation and its deposits; and every other association shall, at all times, have on hand, in lawful money of the United States, an amount equal to at least fifteen per centum of the aggregate amount of its notes in circulation, and of its deposits. And whenever the lawful money of any association in any of the cities hereinafter named shall be below the amount of twenty-five per 1864] NATIONAL BANK ACT 479 centum of its circulation and deposits, and whenever the lawful money of any other association shall be below fifteen per centum of its circulation and deposits, such association shall not increase i its liabilities by making any new loans or discounts otherwise than by discounting or purchasing bills of exchange payable at sight, nor make any dividend of its profits until the required pro portion between the aggregate amount of its outstanding notes of circulation and deposits and its lawful money of the United States shall be restored: Provided, That three fifths of said fifteen per centum may consist of balances due to an association available for the redemption of its circulating notes from associations approved by the comptroller of the currency, organized under this act, in the cities of Saint Louis, Louisville, Chicago, Detroit, Milwaukee, New Orleans, Cincinnati, Cleveland, Pittsburg, Baltimore, Philadelphia, Boston, New York, Albany, Leaven worth, San Francisco, and Washington City: 1 Provided, also, That clearing-house certificates, representing specie or lawful money specially deposited for the purpose of any clearing-house associa tion, shall be deemed to be lawful money in the possession of any association belonging to such clearing-house holding and owning such certificate, and shall be considered to be a part of the lawful money which such association is required to have under the fore going provisions of this section : Provided, That the cities of Charles ton and Richmond may be added to the list of cities in the national associations of which other associations may keep three fifths of their lawful money, whenever, in the opinion of the comptroller of the currency, the condition of the southern states will warrant it. And it shall be competent for the comptroller of the currency to notify any association, whose lawful money reserve as aforesaid shall be below the amount to be kept on hand as aforesaid, to make good such reserve; and if such association shall fail for thirty days thereafter so to make good its reserve of lawful money of the United States, the comptroller may, with the concurrence of the Secretary of the Treasury, appoint a receiver to wind up the business of such association, as provided in this act. Sec 32. And be it further enacted, That each association organized in any of the cities named in the foregoing section 1 See act of March 3, 1887, chap. 378 (U. S. Stat, at Large, XXIV.. 559, 560). — Ed. 480 NATIONAL BANK ACT [June 3 shall select, subject to the approval of the comptroller of the currency, an association in the city of New York, at which it will redeem its circulating notes at par. And each of such as sociations may keep one half of its lawful money reserve in cash deposits in the city of New York. And each association not organized within the cities named in the preceding section shall select, subject to the approval of the comptroller of the currency, an association in either of the cities named in the preceding section at which it will redeem its circulating notes at par. . . . [Provided] . . . , That every association formed or existing under the pro visions of this act shall take and receive at par, for any debt or liability to said association, any and all notes or bills issued by any association existing under and by virtue of this act. ******** Sec 36. And be it further enacted, That no association shall at any time be indebted, or in any way liable, to an amount ex ceeding the amount of its capital stock at such time actually paid in and remaining undiminished by losses or otherwise, except on the following accounts, that is to say : — First. On account of its notes of circulation. Second. On account of moneys deposited with, or collected by, such association. Third. On account of bills of exchange or drafts drawn against money actually on deposit to the credit of such associa tion, or due thereto. Fourth. On account of liabilities to its stockholders for divi dends and reserved profits. Sec 38. And be it further enacted, That no association, or any member thereof, shall, during the time it shall continue its bank ing operations, withdraw, or permit to be withdrawn, either in form of dividends or otherwise, any portion of its capital. And if losses shall at any time have been sustained by any such asso ciation equal to or exceeding its undivided profits then on hand, no dividend shall be made; and no dividend shall ever be made by any association, while it shall continue its banking operations, to an amount greater than its net profits then on hand, deduct ing therefrom its losses and bad debts. . . . i864] NATIONAL BANK ACT 481 Sec 41. And be it further enacted, That the plates and special dies to be procured by the comptroller of the currency for the printing of such circulating notes shall remain under his control and direction, and the expenses necessarily incurred in execut ing the provisions of this act respecting the procuring of such notes, and all other expenses of the bureau, shall be paid out of the proceeds of the taxes or duties now or hereafter to be assessed on the circulation, and collected from associations organized under this act. And in lieu of all existing taxes, every asso ciation shall pay to the treasurer of the United States, in the months of January and July, a duty of one half of one per centum each half year from and after . . . [January 1, 1864] . . . , upon the average amount of its notes in circulation, and a duty of one quarter of one per centum each half year upon the average amount of its deposits, and a duty of one quarter of one per centum each half year, as aforesaid, on the average amount of its capital stock beyond the amount invested in United States bonds; . . . Provided . . , That nothing in this act shall exempt the real es tate of associations from either state, county, or municipal taxes to the same extent, according to its value, as other real estate is taxed. Sec 44. And be it further enacted, That any bank incorporated by special law, or any banking institution organized under a gen eral law of any state, may, by authority of this act, become a national association under its provisions, by the name prescribed in its organization certificate. . . . Provided, however, That no such association shall have a less capital than the amount pre scribed for banking associations under this act.1 Sec 45. And be it further enacted, That all associations under this act, when designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except re ceipts from customs, under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the government; and they shall perform all such reason able duties, as depositaries of public moneys and financial agents of the government, as may be required of them. And the Secretary of the Treasury shall require of the associations thus designated 1 See act of February 14, 1880 (U. S. Stat, at Large, XXL, 66r). — Ed. 2 I 482 PROCLAMATION REGARDING RECONSTRUCTION [July 8 satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as financial agents of the government: Provided, That every association which shall be selected and designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid in to the government for internal revenue, or for loans or stocks. No. 139. Proclamation regarding Recon struction July 8, 1864 December 15, 1863, on motion of Henry Winter Davis of Maryland, so much of Lincoln's message of December 8 as related "to the duty of the United States to guaranty a republican form of government to the States in which the governments recognized by the United States have been abro gated or overthrown" was referred, by a vote of 91 to 80, to a select com mittee of the House, with instructions to report bills to carry into execution the said guarantee. A bill was reported by the committee February 15, 1864, and passed the House May 4 by a vote of 74 to 66. July 1 the Senate, by a vote of 30 to 13, adopted a substitute, proposed by B. Gratz Brown of Mis souri, declaring that when the inhabitants of any State had been declared in insurrection by proclamation under the act of July 13, 1861, they should be " incapable of casting any vote for electors of President or Vice President of the United States, or of electing Senators and Representatives in Congress, until said insurrection in said State is suppressed or abandoned and said in habitants have returned to their obedience to the Government of the United States, nor until such return to obedience shall be declared by proclamation of the President, issued by virtue of an act of Congress, hereafter to be passed, authorizing the same." The House refused to concur, and July 1 the Senate, by a vote of 18 to 14, receded, and the House bill passed. Lin coln was opposed to the bill and withheld his approval, but immediately upon the adjournment of Congress issued the following proclamation with the bill attached. The bill was the first formal plan of reconstruction agreed upon by Congress. References. — Text in U . S. Statutes at Large, XIII., Appendix, xiv-xvii. For the proceedings see the House and Senate Journals, 38th Cong., ist Sess., and the Cong. Globe, 1864] PROCLAMATION REGARDING RECONSTRUCTION 483 (The proclamation recites the passage of the bill annexed, and its presenta tion to the President "less than one hour before the sine die adjournment of said session," and continues:) And whereas the said bill contains, among other things, a plan for restoring the states in rebellion to their proper practical relation in the Union, which plan expresses the sense of congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration: Now, therefore, I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known, that, while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared by a formal approval of this bill, to be inflexibly committed to any single plan of restoration; and, while I am also unprepared to declare that the free state constitutions and governments already adopted and installed in Arkansas and Louisiana shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same as to further effort, or to declare a constitutional competency in congress to abolish slavery in states, but am at the same time sincerely hoping and expecting that a constitu tional amendment abolishing slavery throughout the nation may be adopted, nevertheless I am fully satisfied with the system for restoration contained in the bill as one very proper plan for the loyal people of any state choosing to adopt it, and that I am, and at all times shall be, prepared to give the executive aid and as sistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, in which cases military governors will be appointed, with directions to proceed according to the bill. A Bill to guarantee to certain States whose Governments have been usurped or overthrown a Republican Form of Government. Be it enacted . . ., That in the states declared in rebellion against the United States, the President shall, by and with the advice and consent of the Senate, appoint for each a provisional governor, . . . who shall be charged with the civil administration of such state until a state government therein shall be recognized as hereinafter provided. 484 PROCLAMATION REGARDING RECONSTRUCTION [July 8 Sec 2. And be it further enacted, That so soon as the military resistance to the United States shall have been suppressed in any such state, and the people thereof shall have sufficiently returned to their obedience to the constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enroll all white male citizens of the United States, resident in the state in their respective counties, and to request each one to take the oath to support the constitution of the United States, and in his enrolment to designate those who take and those who refuse to take that oath, which rolls shall be forthwith returned to the provisional governor; and if the persons taking that oath shall amount to a majority of the persons enrolled in the state, he shall, by proclamation, invite the loyal people of the state to elect delegates to a convention charged to declare the will of the people of the state relative to the reestablishment of a state government sub ject to, and in conformity with, the constitution of the United States. Sec 3. And be it further enacted, That the convention shall consist of as many members as both houses of the last constitutional state legislature, ap portioned by the provisional governor among the counties, parishes, or dis tricts of the state, in proportion to the white population, returned as electors, by the marshal, in compliance with the provisions of this act. The provi sional governor shall, by proclamation, declare the number of delegates to be elected by each county, parish, or election district; name a day of election not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming as nearly as may be convenient to the places used in the state elections next preceding the rebellion ; appoint one or more commissioners to hold the election at each place of voting, and pro vide an adequate force to keep the peace during the election. Sec 4. And be it further enacted, That the delegates shall be elected by the loyal white male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of . . [July 2, 1862] ; and all such citizens of the United States who are in the military ser vice of the United States shall vote at the headquarters of their respective commands, under such regulations as may be prescribed by the provisional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote, or be eligible to be elected as delegate, at such election. Sec 5. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act and, so far as may be consistent therewith, shall proceed in the manner used in the state prior to the rebellion. The oath of allegiance shall be taken and subscribed on the poll- book by every voter in the form above prescribed, but every person known by, or proved to, the commissioners to have held or exercised any office, civil or military, state or confederate, under the rebel usurpation, or to have 1864] PROCLAMATION REGARDING RECONSTRUCTION 485 voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. Sec 6. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the state, on a day not more than three months after the election, giving at least thirty days' notice of such day. In case the said capital shall in his judgment be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States in the form above prescribed. Sec 7. And be it further enacted, That the convention shall declare, on behalf of the people of the state, their submission to the constitution and laws of the United States, and shall adopt the following provisions, hereby pre scribed by the United States in the execution of the constitutional duty to guarantee a republican form of government to every state, and incorporate them in the constitution of the state, that is to say: First. No person who has held or exercised any office, civil or military, except offices merely ministerial, and military offices below the grade of colo nel, state or confederate, under the usurping power, shall vote for or be a member of the legislature, or governor. Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said state. Third. No debt, state or confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the state. Sec 8. And be it further enacted, That when the convention shall have adopted those provisions, it shall proceed to reestablish a republican form of government, and ordain a constitution containing those provisions, which, when adopted, the convention shall by ordinance provide for submitting to the people of the state, entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates; but at a time and place named by the convention, at which election the said electors, and none others, shall vote directly for or against such constitution and form of state government, and the returns of said election shall be made to the provisional governor, who shall canvass the same in the presence of the electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of congress, shall, by proclamation, recognize the government so established, and none other, as the constitutional government of the state, and from the date of such recognition, and not before, Senators and Representatives, and electors for President and Vice-President may be elected in such state, according to the laws of the state and of the United States. 486 PROCLAMATION REGARDING RECONSTRUCTION [July 8 Sec. 9. And be it further enacted, That if the convention shall refuse to reestablish the state government on the conditions aforesaid, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the state entitled to vote under this act, in number not less than a majority of those enrolled, as aforesaid, are willing to reestablish a state gov ernment on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as herein before provided, either to dissolve the convention, or to certify the state government reestablished by it to the President. Sec io. And be it further enacted, That, until the United States shall have recognized a republican form of state government, the provisional governor in each of said states shall see that this act, and the laws of the United States, and the laws of the state in force when the state government was overthrown by the rebellion, are faithfully executed within the state; but no law or usage whereby any person was heretofore held in involuntary servitude shall be recognized or enforced by any court or officer in such state, and the laws for the trial and punishment of white persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for by the laws of the state when its government was overthrown as he may find neces sary to the civil administration of the state, all which officers shall be entitled to receive the fees and emoluments provided by the state laws for such officers. Sec ii. And be it further enacted, That until the recognition of a state government as aforesaid, the provisional governor shall, under such regula tions as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such state to be levied during the fiscal year preced ing the overthrow of the state government thereof, in the manner prescribed by the laws of the state, as nearly as may be; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the state govern ment aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the ex penses of the administration of the laws in such state, subject to the direction of the President, and the surplus shall be deposited in the treasury of the United States to the credit of such state, to be paid to the state upon an ap propriation therefor, to be made when a republican form of government shall be recognized therein by the United States. Sec 12. And be it further enacted, That all persons held to involuntary servitude or labor in the states aforesaid are hereby emancipated and dis charged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pre tence of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them. Sec 13. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be 1864] ELECTORAL COUNT 487 restrained of liberty, with intent to be held in or reduced to involuntary servi tude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than fifteen hundred dollars, and be imprisoned not less than five nor more than twenty years. Sec 14. And be it further enacted, That every person who shall hereafter hold or exercise any office, civil or military, except offices merely ministerial, and military offices below the grade of colonel, in the rebel service, state or confederate, is hereby declared not to be a citizen of the United States. No. 140. Electoral Count February 8, 1865 A joint resolution declaring certain Slates not eligible to representation in the electoral college was presented in the House December 19, 1864, by Wilson of Iowa, and passed the House January 30, 1865. The resolution was reported in the Senate February 1, with an amendment to the preamble. An amendment to strike out Louisiana from the list of States named was rejected, and on the 4th, by a vote of 29 to 10, the amended resolution passed the Senate. The House concurred in the Senate amendment. In his mes sage of approval, February 8, Lincoln disclaimed "all right of the Executive to interfere in any way in the matter of canvassing or counting electoral votes," and further disclaimed "that by signing said resolution he has ex pressed any opinion on the recitals of the preamble or any judgment of his own upon the subject of the resolution." References. — Text in U. S. Statutes at Large, XIII., 567, 568. For the proceedings see the House and Senate Journals, 38th Cong., 2d Sess., and the Cong. Globe. Joint Resolution declaring certain States not entitled to Representa tion in the Electoral College. Whereas the inhabitants and local authorities of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, and Ten nessee rebelled against the government of the United States, and were in such condition on . . . [November 8, 1864,] . . . that no valid election for electors of President and Vice-President of the United States, according to the constitution and laws thereof, was held therein on said day : Therefore, Be it resolved . . . , That the states mentioned in the preamble 488 FREEDMEN'S BUREAU [March 3 to this joint resolution are not entitled to representation in the electoral college for the choice of President and Vice-President of the United States, for the term of office commencing . . . [March 4, 1865] . . . ; and no electoral votes shall be received or counted from said states concerning the choice of President and Vice-President for said term of office. No. 141. Freedmen's Bureau March 3, 1865 A bill " to establish a bureau of emancipation " was reported in the House December 22, 1863, by Eliot of Massachusetts, from the Select Committee on Emancipation, and recommitted. The bill was reported with amendments January 13, 1864, and March 1 passed the House by a vote of 69 to 67. In the Senate the bill was referred to the Select Committee on Slavery and Freedmen, of which Sumner was chairman. A bill to establish a bureau of freedmen was reported from the committee April 12. May 25 the committee reported the House bill with a substitute amendment, and the bill thus amended passed the Senate June 29 by a vote of 21 to 9. The select com mittee of the House recommended that the amendments of the Senate be disagreed to. Further action was postponed until December. December 20 a conference committee was appointed. The report of the committee was accepted by the House February 9, 1865, by a vote of 64 to 62, 56 not vot ing, but rejected by the Senate on the 22d by a vote of 14 to 24. March 3 the report of a second conference committee was agreed to by both houses. An act of July 16, 1866, continued the act of 1865 in force until July 16, 1868, and enlarged the scope of the bureau. References. — Text in U . S. Statutes at Large, XIII., 507-509. For the proceedings see the House and Senate Journals, 38th Cong., ist and 2d Sess., and the Cong. Globe. The supplementary act of 1866 is in MacDonald's Select Statutes, No. 51. On the work of the bureau see Senate Exec. Doc. 28, 38th Cong., 2d Sess.; House Exec. Docs, n, 70, and 120, 39th Cong., ist Sess.; House Exec. Doc. 7, 39th Cong., 2d Sess.; House Report 30, 40th Cong., 2d Sess.; House Exec. Doc. 329, ibid.; House Exec. Doc. 142, 41st Cong., 2d Sess.; House Misc. Doc. 87, 42d Cong., 3d Sess.; House Exec. Doc. 10, 43d Cong., ist Sess.; House Exec. Doc. 144, 44th Cong., ist Sess. On the condition of freedmen see Senate Exec. Doc. 53, and Senate Report 25, 38th Cong., ist Sess. ; House Exec. Doc. 118, 39th Cong., ist Sess. Southern State legislation respecting freedmen is summarized in McPherson, Recon struction, 29-44. 1865] FREEDMEN'S BUREAU 489 An Act to establish a Bureau for the Relief of Freedmen and Refugees. Be it enacted . . . , That there is hereby established in the War Department, to continue during the present war of rebel lion, and for one year thereafter, a bureau of refugees, freed men, and abandoned lands, to which shall be committed, as hereinafter provided, the supervision and management of all abandoned lands, and the control of all subjects relating to refu gees and freedmen from rebel states, or from any district of country within the territory embraced in the operations of the army, under such rules and regulations as may be prescribed by the head of the bureau and approved by the President. The said bureau shall be under the management and control of a commissioner to be appointed by the President, by and with the advice and consent of the Senate. . . . Sec. 2. And be it further enacted, That the Secretary of War may direct such issues of provisions, clothing, and fuel, as he may deem needful for the immediate and temporary shelter and supply of destitute and suffering refugees and freedmen and their wives and children, under such rules and regulations as he may direct. Sec 3. And be it further enacted, That the President may, by and with the advice and consent of the Senate, appoint an assistant commissioner for each of the states declared to be in insurrection, not exceeding ten in number, who shall, under the direction of the commissioner, aid in the execution of the provi sions of this act ; . . . And any military officer may be detailed and assigned to duty under this act without increase of pay or allow ances. . . . Sec 4. And be it further enacted, That the commissioner, under the direction of the President, shall have authority to set apart, for the use of loyal refugees and freedmen, such tracts of land within the insurrectionary states as shall have been aban doned, or to which the United States shall have acquired title by confiscation or sale, or otherwise, and to every male citizen, whether refugee or freedman, as aforesaid, there shall be assigned not more than forty acres of such land, and the person to whom it was so assigned shall be protected in the use and 490 FREEDOM FOR SOLDIERS' FAMILIES [March 3 enjoyment of the land for the term of three years at an annual rent not exceeding six per centum upon the value of such land, as it was appraised by the state authorities in the year eighteen hundred and sixty, for the purpose of taxation, and in case no such appraisal can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as the commissioner may by regulation prescribe. At the end of said term, or at any time during said term, the occu pants of any parcels so assigned may purchase the land and re ceive such title thereto as the United States can convey, upon paying therefor the value of the land, as ascertained and fixed for the purpose of determining the annual rent aforesaid. No. 142. Freedom for Soldiers' Families March 3, 1865 A BILL to secure the freedom of soldiers' families was introduced in the Senate December 13, 1864, by Wilson of Massachusetts, and passed that body January 9, 1865, notwithstanding strong opposition, by a vote of 27 to 10. The vote in the House, February 22, on the passage of the bill was 74 to 63, 45 not voting. References. — Text in U.S. Statutes at Large, XIII., 571. For the pro ceedings see the House and Senate Journals, 38th Cong., 2d Sess., and the Cong. Globe. The important debate was in the Senate. A Resolution to encourage Enlistments and to promote the Effi ciency of the military Forces of the United States. Resolved . . . , That, for the purpose of encouraging enlistments and promoting the efficiency of the military and naval forces of the United States, it is hereby enacted that the wife and children, if any he have, of any person that has been, or may be, mustered into the military or naval service of the United States, shall, from and after the passage of this act, be forever free, any law, usage, or custom whatsoever to the contrary notwithstanding . . . 1865] GOVERNOR FOR NORTH CAROLINA 491 No. 143. Proclamation appointing a Gov ernor for North Carolina May 29, 1865 The appointment of military governors in the States lately in rebellion, and the reestablishment of the State governments under their' direction, were steps of primary importance in the plan of executive reconstruction proposed by President Johnson. Appointments similar to that in North Carolina were proclaimed June 13, for Mississippi; June 17, for Georgia and Texas; June 21, for Alabama; June 30, for South Carolina, and July 13, for Florida. An executive order of May 9 had declared the authority of the United States reestablished in Virginia, directed the various departments of the national government to resume operations in that State, and promised federal aid to Governor Pierpont if necessary. References. — Text in U.S. Statutes at Large, XIII., 760, 761. On Johnson's theory of reconstruction in this connection, see his annual message of December 4, 1865. Whereas the fourth section of the fourth article of the Con stitution of the United States declares that the United States shall guarantee to every state in the Union a republican form of government, and shall protect each of them against invasion and domestic violence; and whereas the President of the United States is, by the constitution, made commander-in-chief of the army and navy, as well as chief civil executive officer of the United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by a portion of the people of the United States against the properly constituted authorities of the govern ment thereof, in the most violent and revolting form, but whose organized and armed forces have now been almost entirely over come, has, in its revolutionary progress, deprived the people of the State of North Carolina of all civil government; and where as it becomes necessary and proper to carry out and enforce the obligations of the United States to the people of North Caro lina, in securing them in the enjoyment of a republican form of government : Now, therefore, in obedience to the high and solemn duties 492 GOVERNOR FOR NORTH CAROLINA [May 29 imposed upon me by the Constitution of the United States, and for the purpose of enabling the loyal people of said state to or ganize 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 JOHN SON, President of the United States, and commander-in-chief of the army and navy of the United States, do hereby appoint William W. Holden provisional governor of the State of North Carolina, whose duty it shall be, at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a convention, composed of delegates to be chosen by that portion of the people of said state who are loyal to the United States, and no others, for the purpose of altering or amending the constitution thereof; and with authority to exercise, within the limits of said state, all the powers necessary and proper to enable such loyal people of the State of North Carolina to restore said state to its constitutional relations to the federal government, and to present such a republican form of state government as will entitle the state to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection, and domestic vio lence; Provided that, in any election that may be hereafter held for choosing delegates to any state convention as aforesaid, no person shall be qualified as an elector, or shall be eligible as a member of such convention, unless he shall have previously taken and subscribed the oath of amnesty, as set forth in the President's Proclamation of May 29, A.D. 1865, and is a voter qualified as prescribed by the constitution and laws of the State of North Carolina in force immediately before the 20th day of May, A.D. 1861, the date of the so-called ordinance of secession; and the said convention, when convened, or the legislature that may be thereafter assembled, will prescribe the qualification of electors, and the eligibility of persons to hold office under the constitution and laws of the state, — a power the people of the several states composing the Federal Union have rightfully exer cised 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 or naval service, aid and 1865] GOVERNOR FOR NORTH CAROLINA 493 assist the said provisional governor in carrying into effect this Proclamation, and they be enjoined to abstain from, in any way, hindering, impeding, or discouraging the loyal people from the organization of a state government as herein authorized. Second. That the Secretary of State proceed to put in force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geographical limits aforesaid. Third. That the Secretary of the Treasury proceed to nomi nate for appointment assessors of taxes, and collectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. But if suit able residents of the districts shall not be found, then persons residing in other states or districts shall be appointed. Fourth. That the Postmaster- General proceed to establish post-offices and post-routes, and put into execution the postal laws of the United States within the said state, giving to loyal residents the preference of appointment; but if suitable resi dents 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 proceed to hold courts within said state, in accordance with the provisions of the act of congress. The Attorney-General will instruct the proper officers to libel, and bring to judgment, confiscation, and sale, property subject to confiscation, and enforce the administration of justice within said state in all matters within the cognizance and jurisdiction of the federal courts. Sixth. That the Secretary of the Navy take possession of all public property belonging to the Navy Department within said geographical limits, and put in operation all acts of congress in relation to naval affairs having application to the said state. Seventh. That the Secretary of the Interior put in force the laws relating to the Interior Department applicable to the geo graphical limits aforesaid. 494 FIRST CIVIL RIGHTS ACT [April g No. 144. Thirteenth Amendment December 18, 1865 January ii, 1864, John B. Henderson of Missouri offered in the Senate a joint resolution for an amendment to the Constitution providing that "slavery or involuntary servitude, except as a punishment for crime, shall not exist in the United States." February 8 Sumner proposed an amendment declaring that "everywhere within the limits of the United States, and of each State or Territory thereof, all persons are equal before the law, so that no person can hold another as a slave." Both of these resolutions were referred to the Com mittee on the Judiciary, which reported, February 10, a resolution proposing an amendment in the terms of the thirteenth amendment subsequently ratified. On the 15th the House, by a vote of 78 to 62, resolved in favor of an amend ment abolishing slavery. The joint resolution passed the Senate April 8, by a vote of 38 to 6. The resolution was not taken up in the House until May 31, and June 15, by a vote of 95 to 66 (less than the required two-thirds), was rejected. January 31, 1865, the vote was reconsidered and the resolution passed, the vote being 121 to 24, 37 not voting. The ratification of the amendment by twenty-seven States was proclaimed December 18, 1865. References. — Text in Revised Statutes of the United States (ed. 1878), 30. For the proceedings in Congress see the House and Senate Journals, 38th Cong., ist and 2d Sess., and the Cong. Globe. The principal proposi tions submitted are collected in McPherson, Rebellion, 255-259. On the scope of the amendment see Slaughter House Cases, 16 Wallace, 36. Article XIII. Sec 1. Neither slavery nor involuntary servitude, save as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Sec 2. Congress shall have power to enforce this article by appropriate legislation. No. 145. First Civil Rights Act April g, 1866 A bill "to protect all persons in the United States in their civil rights and furnish the means of their vindication " was introduced in the Senate January 5, 1866, by Lyman Trumbull of Illinois, and referred to the Committee on Judiciary. Amendments reported by the committee were agreed to on the 1866] FIRST CIVIL RIGHTS ACT 495 1 2th. February 1 an amendment submitted by Trumbull, regarding the citizenship of persons born in the United States, being the first part of sec tion 1 of the act, was agreed to by a vote of 31 to 10, but the following day an amendment striking out the provision for the employment of military force was rejected, the vote being 12 to 24. The bill passed the Senate February 2, and the House, with further amendments, March 13, the vote in the House being in to 38, 34 not voting. The Senate agreed to the House amend ments. March 27 President Johnson vetoed the bill. The bill was passed over the veto by the Senate, after a long discussion, April 6, by a vote of 33 to 15, and by the House April 9, by a vote of 132 to 41, 21 not voting. References. — Text in U.S. Statutes at Large, XIV., 27-29. For the proceedings see the House and Senate Journals, 39th Cong., ist Sess., and the Cong. Globe. The text of the Senate bill as reported by the committee is in the Globe for January 12. The veto message is in the Globe and the Journals. For a report of February 19, 1867, on violations of the act, see Senate Exec. Doc. 29, 39th Cong., 2d Sess.; for State laws relating to freedmen see Senate Exec. Doc. 6, ibid. An Act to protect all Persons in the United Slates in their Civil Rights, and furnish the Means of their Vindication. Be it enacted . . . , That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Terri tory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of per son and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding. Sec 2. And be it further enacted, 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 penal ties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punish- 496 FIRST CIVIL RIGHTS ACT [April 9 ment 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. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or 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. . . . The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the infliction of punishment on the party found guilty. Sec 4. And be it further enacted, That the district attor neys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall 1866] FIRST CIVIL RIGHTS ACT 497 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 by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitu tional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and 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 viola tion of this act . . . Sec. 8. And be it further enacted, That whenever the Presi dent of the United States shall have reason to believe that offences have been or are likely to be committed against the provisions of this act within any judicial district, it shall be law ful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may designate, for the pur pose of the more speedy arrest and trial of persons charged with a violation of this act ; and it shall be the duty of every judge or other officer, when any such requisition shall be re ceived by him, to attend at the place and for the time therein designated. Sec 9. And be it further enacted, That it shall be lawful for the President 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 necessary to prevent the violation and enforce the due execution of this act. Sec io. And be it further enacted, 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. 498 RESTORATION OF TENNESSEE [July 24 No. 146. Restoration of Tennessee July 24, 1866 A bill to restore Tennessee, accompanied by certain testimony and other papers, was reported in the House March 5, 1866, by Bingham of Ohio, from the Joint Select Committee on Reconstruction, and recommitted. It was taken up July 19, and agreed to on the 20th, the vote on the preamble being 86 to 48, 48 not voting, and on the resolution 126 to 12, 45 not voting. In the Senate an amendment proposed by Sumner, providing that there should be no denial of equal legal rights on account of race or color, was rejected, 4 to 34, and an amended preamble agreed to, the latter vote being 23 to 20. The amendments to the resolution were agreed to by the House July 23, without a division, and the amendment to the preamble by a vote of 93 to 26, 62 not voting. References. — Text in U.S. Statutes at Large, XIV., 364. For the pro ceedings see the House and Senate Journals, 39th Cong., ist Sess., and the Cong. Globe. The majority and minority reports of March 5 and 6 are House Reports 29 and 30. In the history of the act the evolution of the pre amble is particularly important. Joint Resolution restoring Tennessee to her Relations lo the Union. Whereas, in the year eighteen hundred and sixty-one, the government of the State of Tennessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of said State in pursuance of an act of Congress were declared to be in a state of insurrection against the United States; and whereas said State government can only be restored to its former political relations in the Union by the consent of the law-making power of the United States; and whereas the people of said State did, on . . . [February 22, 1865] . . . , by a large popular vote, adopt and ratify a constitution of govern ment whereby slavery was abolished, and all ordinances and laws of secession and debts contracted under the same were declared void; and whereas a State government has been organized under said constitution which has ratified the amendment to the Con stitution of the United States abolishing slavery, also the amend ment proposed by the thirty-ninth Congress, and has done other acts proclaiming and denoting loyalty; Therefore, Be it resolved . . , That the State of Tennessee is hereby restored to her former proper, practical relations to the Union, i866] FRANCHISE IN THE DISTRICT OF COLUMBIA 499 and is again entitled to be represented by senators and repre sentatives in Congress. No. 147. Franchise in the District of Columbia January 8, 1867 A bill to regulate the elective franchise in the District of Columbia was introduced in the Senate December 4, 1865, by Wade of Ohio, and reported with amendments on the 20th. January 10, 1866, the bill was recommitted, and on the 12th again reported with an amendment. It was not taken up until June 28, when further consideration was postponed until December. The bill was taken up December 10, and on the 13th passed the Senate, the vote being 32 to 13. On the 14th the bill passed the House by a vote of 127 to 46, 18 not voting. January 7, 1867, President Johnson vetoed the bill. The bill was passed over the veto by the Senate on the 7th, by a vote of 29 to 10, and by the House on the 8th, by a vote of 112 to 38, 41 not voting. References. — Text in U.S. Statutes at Large, XIV., 375, 376. For the proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the Cong. Globe. A minority report in the House, December 19, 1865, is House Report 2, 39th Cong., ist Sess. AN ACT to regulate the elective franchise in the District of Columbia. Be it enacted . . . , That, from and after the passage of this act, each and every male person, excepting paupers and persons under guardianship, of the age of twenty-one years and upwards, who has not been convicted of any infamous crime or offence, and excepting persons who may have voluntarily given aid and comfort to the 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 en titled to the elective franchise, and shall be deemed an elector and entitled to vote at any election in said District, without any distinction on account of color or race. 500 FIRST RECONSTRUCTION ACT [March 2 No. 148. Elective Franchise in the Terri tories January 31, 1867 A bill to amend the organic acts of the several Territories was introduced in the House April 24, 1866, by James M. Ashley of Ohio, and referred to the Committee on Territories. The bill was reported without amendment on the 26th, recommitted, and again reported May 3. A substitute offered by Ashley May 15, the ninth section of which prohibited the denial of the elective franchise on account of race or color, was agreed to by a vote of 79 to 43, 61 not voting, a motion to strike out the ninth section being defeated by a vote of 36 to 76, 72 not voting. The bill was reported with amendments in the Senate May 31, but went over until the next session. January 10, 1867, a substitute in the words of the act following, offered by Wade of Ohio, was agreed to. The Senate amendment was accepted by the House by a vote of 104 to 38, 49 not voting. The bill became a law without the President's approval. References. — Text in U.S. Statutes at Large, XIV., 379. For the pro ceedings see the House and Senate Journals, 39th Cong., ist and 2d Sess., and the Cong. Globe. An abstract of the House bill of May 3 is in the Globe for that date; Ashley's substitute, ibid., May 15. An Act to regulate the elective Franchise in the Territories of the United States. Be it enacted . . ., That from and after the passage of this act, there shall be no denial of the elective franchise in any of the Territories of the United States, now, or hereafter to be organ ized, to any citizen thereof, on account of race, color, or pre vious 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 declared null and void. No. 149. First Reconstruction Act March 2, 1867 The question of the restoration of the insurrectionary States to a place in the Union early engaged the attention of Congress, and many resolutions setting forth the opinions of their framers as to the way in which such resto ration should be brought about, were submitted. A concurrent resolution 1867] FIRST RECONSTRUCTION ACT 501 of March 2, 1866, declared "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 rebellion, no senator or representa tive shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation." The majority report of the Joint Committee on Reconstruction was submitted June 18, 1866, and the minority report four days later. A bill to reconstruct North Carolina was introduced by Thaddeus Stevens December 13. Febru ary 6, 1867, however, Stevens reported from the joint committee a general reconstruction bill. On the 13th a substitute offered by Stevens was agreed to, and the bill passed the House, the vote being 109 to 55, 26 not voting. An amendment submitted by James G. Blaine of Maine, providing that when Congress should have approved the Constitution of any State conferring suffrage in accordance with the Fourteenth Amendment, the other sections of the bill should become inoperative, was rejected. In the meantime the Fourteenth Amendment had been rejected by all the seceding States except Tennessee. The Blaine amendment, offered by Sherman in the Senate, was accepted by that house, and the amended bill passed, February 16, by a vote of 29 to 10. On the 19th the House, by a vote of 73 to 98, refused to concur, but the next day receded from its disagreement, and concurred in the amendments of the Senate, with the addition of amendments embrac ing section 6 and the proviso of section 5 of the act as passed. The bill was vetoed by President Johnson March 2, but was promptly passed over the veto the same day, the vote in the House being 138 to 51, 3 not voting, and in the Senate 35 to 11. An act of January 22 had provided "for the meeting of the fortieth and all succeeding Congresses immediately after the adjournment of the preceding Congress," while another act of February 21 directed the clerk of the House to include in the roll of representatives for the next Congress members from those States only which had been repre sented in the preceding Congress. A joint resolution of March 30 appro priated $500,000 for the expenses of executing the various reconstruction acts. References. — Text in U.S. Statutes at Large, XIV., 428, 429. For the proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the Cong. Globe. The bill reported February 6 is the same as the act as passed, except the fifth and sixth sections, which were added as amendments. For the texts of the more important resolutions on reconstruction, with the action upon them, see McPherson, Reconstruction, 109-114, 183-187. Johnson's message of July 20, 1867, transmitting a report of a cabinet meeting, is in Richardson, Messages and Papers ofthe Presidents, VI. , 527-531. The docu mentary literature is extensive. The report of the Joint Committee on Recon struction is House Report 30, 39th Cong., ist Sess. On the early disturb ances in the South see House Exec. Doc. 96 and House Report 101, 39th Cong., ist Sess.; House Exec. Docs. 61, 68, and 72 and House Report 16, 39th Cong., 2d Sess. The most important orders, etc., relating to military reconstruction, are in Senate Exec. Doc. 14, 40th Cong., ist Sess. ; see also Senate Exec. Doc. 14, and Senate Report 14, 38th Cong., ist Sess.; House Report 23, 39th Cong., 502 FIRST RECONSTRUCTION ACT [March 2 2d Sess. ; House Exec. Doc. 342, 40th Cong., 2d Sess. The State constitu tions of the reconstruction period are in Poore, Charters and Constitutions. On political conditions see House Exec. Doc. 131, Senate Exec. Doc. 43, Sen ate Misc. Doc. 62, and Senate Report 112, 39th Cong., ist Sess.; House Exec. Docs. 20 and 34 and House Misc. Docs. 29 and 53, 40th Cong., ist Sess.; House Exec. Docs. 53 and 276 and Senate Exec. Doc. 53, 40th Cong., 2d Sess.; Senate Exec. Doc. 13, 41st Cong., 2d Sess. On the constitutional ques tion see particularly Mississippi v. Johnson, 4 Wallace, 475; Georgia v. Stanton, 6 ibid., 51; Texas v. White, 7 ibid., 200. An Act to provide for the more efficient Government of the Rebel States. Whereas no legal State governments or adequate 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 established: Therefore, Be it enacted . . , That said rebel States shall be divided into military districts and made subject to the military author ity of the United States as hereinafter prescribed, and for that purpose Virginia shall constitute the first district; North Caro lina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district ; and Louisiana and Texas the fifth district. Sec. 2. And be it further enacted, That it shall be the duty of the President 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 sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned. Sec 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 his judgment it may be necessary for the trial of offenders, he shall have power to, 1867] FIRST RECONSTRUCTION ACT 5°3 organize military commissions or tribunals for that purpose, and all interference under color of State authority with the exercise of military authority under this act, shall be null and void. Sec 4. And be it further enacted, That all persons put under military arrest by virtue of this act shall be tried without un necessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribu nal hereby authorized, affecting the life or liberty 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 shall not be affected by this act, except in so far as they conflict with its provisions: Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President. Sec 5. And be it further enacted, That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution 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 condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation 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 constitu tion 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 submitted to Con gress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its legis lature 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 Consti tution 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 oath prescribed 504 TENURE OF OFFICE ACT [March 2 by law, and then and thereafter the preceding sections of this act shall be inoperative in said State : Provided, That no person excluded 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 constitution for any of said rebel States, nor shall any such person vote for members of such convention. Sec 6. And be it further enacted, That, until the people of said rebel States shall be by law admitted to representation 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 govern ments all persons shall be entitled to vote, and none others, who are entitled to vote, under the provisions of the fifth sec tion of this act; and no persons shall be eligible to any office under any such provisional governments who would be dis qualified from holding office under the provisions of the third article of said constitutional amendment. No. 150. Tenure of Office Act March 2, 1867 A bill "to regulate the tenure of offices" was introduced in the Senate December 3, 1866, the first day of the session, by George H. Williams of Oregon, and referred to the Joint Select Committee on Retrenchment. On the 10th a substitute amendment was reported by George F. Edmunds of Ver mont, who also offered the next day a further amendment, being the last five sections of the act. The amended bill passed the Senate on the 18th by a vote of 29 to 9, 14 not voting. The House, by a vote of 82 to 63, 46 not vot ing, added an amendment striking out the clause excepting cabinet officers from the operation of the act, the vote on the passage of the amended bill being 111 to 38, 42 not voting. The Senate refused to concur, but the insist ence of the House on its principal amendment forced the Senate to agree to the compromise contained in the first section of the act. The report of the conference committee was accepted by the Senate February 18, by a vote of 22 to 10, and by the House the following day by a vote of 112 to 41, 37 not voting. March 2 the bill was vetoed by President Johnson, but was passed over the veto the same day, the vote in the Senate being 35 to 11, 6 not vol- 1867] TENURE OF OFFICE ACT 505 ing, and in the House 138 to 51, 3 not voting. Sections 1 and 2 of the act were repealed by an act of April 5, 1869, and the remainder by an act of March 3, 1887. References. — Text in U.S. Statutes at Large, XIV., 430-432. For the proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the Cong. Globe. See also Senate Exec. Doc. 9, 40th Cong., Special Sess. An Act regulating the Tenure of certain Civil Offices. Be it enacted . . . , That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall here after be appointed to any such office, and shall become duly qualified to act therein, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided: Pro vided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec 2. And be it further enacted, That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during a recess of the Senate, be shown, by evi dence 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 case, 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 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 perform the duties of such office. And if the Senate shall concur in such suspension and advise and consent to the removal of such officer, 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 506 TENURE OF OFFICE ACT [March 2 office. But if the Senate shall refuse to concur in such sus pension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so perform ing 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. . . . Sec 3. And be it further enacted, 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 grant ing commissions which shall expire at the end of their next ses sion thereafter. 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 con sent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. Sec 4. And be it further enacted, 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. And be it further enacted, That if any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise or at tempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dol lars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. Sec 6. And be it further enacted, That every removal, appoint ment, or employment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, counter signing, or issuing of any commission or letter of authority for or in respect to any such appointment or employment, shall be deemed, and are hereby declared to be, high misdemeanors, 1867] COMMAND OF THE ARMY 507 and, upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. . . . ******** No. 151. Command of the Army March 2, 1867 Section 2 of the army appropriation act of March 2, 1867, virtually deprived the President, in certain cases, of the command of the army. The constitutionality of the provision was debated at some length, but an amend ment offered in the Senate February 26, by Reverdy Johnson of Maryland, to strike out the section was lost by a vote of 8 to 28, and other motions to the same effect failed of support. Sections 5 and 6 were added to the bill by the Senate. President Johnson approved the bill in order not to defeat the appropriations, but he entered his protest against the army provision. The section relating to the militia was repealed by acts of January 14 and March 3, 1869. References. — Text in U.S. Statutes at Large, XIV., 486, 487. For the proceedings see the House and Senate Journals, 39th Cong., 2d Sess., and the Cong. Globe. The important discussion was in the Senate. An Act making appropriations for the support of the army for the year ending . . . [June 30, 1868] . . . , and for other purposes. ******** Sec 2. And be it further enacted, That the headquarters of the General of the army of the United States shall be at the city of Washington, and all orders and instructions relating to military operations issued by the President or Secretary of War shall be issued through the General of the army, and, in case of his inability, through the next in rank. The General of the army shall not be removed, suspended, or relieved from com mand, or assigned to duty elsewhere than at said headquarters, except at his own request, without the previous approval of the Senate; and any orders or instructions relating to military operations issued contrary to the requirements of this section shall be null and void; and any officer who shall issue orders or instructions contrary to the provisions of this section shall be 508 SECOND RECONSTRUCTION ACT [March 23 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 im prisonment for not less than two nor more than twenty years, upon conviction thereof in any court of competent jurisdiction. No. 152. Second Reconstruction Act March 23, 1867 By a resolution of March 7, 1867, the House Committee on the Judiciary were instructed "to report a bill declaring who shall call conventions for the reorganization of the rebel States, and providing for the registration of voters within said rebel States, and all elections for members of said conventions, or for the adoption or rejection of constitutions formed by said conventions, or for the choice of public officers, State and municipal, until the constitutions of said States shall have been approved by Congress, shall be by ballot." A bill in accordance with the resolution was reported March 11, and passed the same day, the vote being 117 to 27, 16 not voting. The Senate Committee on the Judiciary reported a substitute, which, with further amendments, passed that body on the 16th by a vote of 38 to 2. To the bill as thus amended the House added further amendments, the principal of which required the approval by a majority of the registered voters of the constitution submitted for ratification. The bill received its final form from a conference committee. March 23 President Johnson vetoed the bill, but it was passed over the veto the same day, in the House by a vote of 114 to 25, 25 not voting, and in the Senate by a vote of 40 to 7. References. — Text in U.S. Statutes at Large, XV., 2-4. For the pro ceedings see the House and Senate Journals, 40th Cong., ist Sess., and the Cong. Globe. The texts of the numerous amendments submitted are in the Globe. An Act supplementary to an Act entitled "An Act to provide for the more efficient Government of the Rebel States," passed . . . [March 2, 1867] . . . , and to facilitate Restoration. Beit enacted . . . , That before . . . [September 1, 1867] . . . , the commanding general in each district defined by . . . [the act of March 2, 1867] . . . , shall cause a registration to be made of the male citizens of the United States, twenty-one years of age 1867] SECOND RECONSTRUCTION ACT 509 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 follow ing 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 disfran chised for participation in any rebellion or civil war against the United States, or for felony committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof ; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof ; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encour age others so to do, so help me God." . . Sec 2. And be it further enacted, That after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general 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 members as the most numerous branch of the State legislature of such State ... [in i860] . . . , to be apportioned among the several dis tricts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters regis tered as aforesaid as nearly as may be. The convention in Vir ginia shall consist of the same number of members as represented 510 SECOND RECONSTRUCTION ACT [March 23 the territory now constituting Virginia in the most numerous branch of the legislature of said State ... [in i860] . . . , to be apportioned as aforesaid. Sec 3. And be it further enacted, That at said election the registered voters of each State shall vote for or against a con vention to form a constitution therefor under this act. ... If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall 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. Sec 4. And be it further enacted, That the commanding general of each district shall appoint as many boards 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 plurality 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 conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to assemble in convention, at a time and place to be mentioned in the notification, and said con vention, 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 submitted 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 com manding 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 shall be made to the commanding general of the district. Sec 5. And be it further enacted, That if, according to said 1867] CESSION OF ALASKA 51. 1 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 certi fied, to the President of the United States, who shall forthwith transmit the same to Congress . . . ; 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 restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution 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 complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to representation, and senators and representatives shall be admitted therefrom as therein provided. No. 153. Treaty with Russia for the Ces sion of Alaska March 30, 1867 By the fourth article of the treaty of 1824 between the United States and Russia, it was agreed that for ten years the vessels of both powers might fish and trade in the interior waters on the northwest coast of North America, both north and south of 54° 40'. Negotiations for the continuance of the agreement failed, and the encroachments of American seamen in Russian ter ritory were from time to time the subject of diplomatic correspondence. The friendly behavior of Russia towards the United States during the Civil War, though joined, doubtless, with an unwillingness on the part of the United States to see the power of Russia in North America increase, led to an accept ance of the offer of Russia to sell Alaska. The treaty was communicated to the Senate July 16, 1867, and the formal transfer of the territory was made October 18. Copies of the treaty and correspondence were laid before the House February 17, 1868. The debate in the House raised the question of the constitutional relation of the House to treaties involving the appropria- 512 CESSION OF ALASKA [March 30 tion of money. The preamble of the bill making the appropriation, as it passed the House, asserted that the consent of that body was necessary to the ratification of such treaties. The Senate refused to accept the bill in that form, and the preamble was modified. The appropriation bill became law July 27. Another act of the same date extended the laws of the United States relating to customs, commerce, and navigation over Alaska, and estab lished it as a collection district. References. — Text in U.S. Statutes at Large, XV., 539-543. For the documents and correspondence see Senate Exec. Doc. 17, 40th Cong., ist Sess.; House Exec. Docs. 125 and 177, 40th Cong., 2d Sess. Banks's report in favor of ratification is House Report 37, 40th Cong., 2d Sess. For the House proceedings see the Cong. Globe, 40th Cong., 2d Sess. Article I. His Majesty the Emperor of all the Russias agrees to cede to the United States ... all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geo graphical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British posses sions in North America, as established by the convention between Russia and Great Britain, of February 28-16, 1825, and described in Articles III and IV of said convention, in the following terms: "Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and 133d degree of west longitude, (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-men tioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude, (of the same meridian;) and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean. "IV. With reference to the line of demarcation laid down in the preceding article, it is understood — "ist. That the island called Prince of Wales Island shall 1867] CESSION OF ALASKA 513 belong wholly to Russia," (now, by this cession to the United States.) "2d. That whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned, (that is to say, the limit to the possessions ceded by this convention,) shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom." The western limit within which the territories and dominion conveyed are contained passes through a point in Behring's Straits on the parallel of sixty-five degrees thirty minutes north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds due north without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Chou- kotski, to the meridian of one hundred and seventy-two west longitude; thence, from the intersection of that meridian, in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group, in the North Pacific Ocean, to the meridian of one hun dred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. ******** Article III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advan- 514 THIRD RECONSTRUCTION ACT [July 19 tages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may from time to time adopt in regard to aboriginal tribes of that country. Article VI. In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the exchange of the ratifications of this convention, to the diplomatic representative or other agent of His Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thousand dollars in gold. . . . No. 154. Third Reconstruction Act July 19, 1867 The difficulties encountered by the military commanders in enforcing the acts of March 2 and 23, 1867, especially in regard to the oath prescribed in the second of the two acts, led to the issue on June 20, through the Adjutant General's office, and with the approval of all the members of the Cabinet ex cept Stanton, of instructions setting forth the view of the Executive as to the meaning and scope of the acts in question. From the standpoint of Congress, the instructions were a serious limitation on the effectiveness of the acts. A bill to interpret and give effect to the reconstruction acts of March 2 and 23 was reported in the Senate July 8, by Trumbull of Illinois, from the Committee on the Judiciary, but was laid aside on the nth in favor of a bill of similar purport which had passed the House. The Senate then substituted its own bill for the House bill, the bill in this form passing by « vote of 32 to 6. The bill received its final form from a conference com mittee. July 19 President Johnson vetoed the bill, but it was at once passed over the veto, in the House by a vote of 109 to 25, 37 not voting, and in the Senate by a vote of 30 to 6. A joint resolution of the same date appropriated $1,000,000 to carry into effect the reconstruction acts. References. — Text in U.S. Statutes at Large, XV., 14-16. For the pro ceedings see the House and Senate Journals, 40th Cong., ist Sess., and fhe 1 Signed: "William H. Seward, Edouard de Stoeckl." — Ed. 1867] THIRD RECONSTRUCTION ACT 5x5 Cong. Globe. For the opinions of Attorney General Stanbery, May 24 and June 12, see Senate Exec. Doc. 14, 40th Cong., ist Sess. The executive in structions of June 20 are in Richardson, Messages and Papers of the Presi dents, VL, 552-556. An Act supplementary to an Act entitled "An Act to provide for the more efficient Government of the Rebel States," passed . [March 2, 1867] . . . , and the Act supplementary thereto, passed . . . [March 23, 1867]. Be it enacted . . . , That it is hereby declared to have been the true intent and meaning ... [of the acts of March 2 and March 23, 1867] . . . , that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were not legal State governments; and that thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress. Sec 2. And be it further enacted, That the commander of any district named in said act shall have power, subject to the dis approval of the General of the army of the United States, and to have effect till disapproved, whenever in the opinion of such commander the proper administration of said act shall 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 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 govern ment thereof, or any municipal 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 ap pointment of some other person, to perform the same, and to fill vacancies occasioned by death, resignation, or otherwise. Sec 3. And be it further enacted, That the General of the army of the United States shall be invested with all the powers 516 THIRD RECONSTRUCTION ACT [July 19 of suspension, removal, appointment, and detail granted in the preceding section to district commanders. Sec 4. And be it further enacted, That the acts of the officers of the army already done in removing in said districts persons exercising the functions of civil officers, and appointing others in their stead, are hereby confirmed: Provided, That any person heretofore or hereafter appointed by any district commander 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 com mander 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 hinder, delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary. Sec 5. And be it further enacted, That the boards of regis tration provided for in the act ... [of 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 exam ine, under oath, . . . any one touching the qualification of any person claiming registration; but in every case of refusal by the board to register an apjjlicant, and in every case of striking his name from the list as hereinafter provided, the board shall make a note or memorandum, which shall be returned with the registra tion list to the commanding general of the district, setting forth the grounds of such refusal or such striking from the list: Pro vided, That no person shall be disqualified as member of any board of registration by reason of race or color. Sec 6. And be it further enacted, 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 1867] THIRD RECONSTRUCTION ACT 517 he was holding such office at the commencement of the rebel lion, or had held it before, and who has afterwards engaged 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 justice. Sec 7. And be it further enacted, That the time for complet ing the original registration provided for in said act may, in the discretion of the commander of any district, be extended to . . . [October 1, 1867] . . . ; and the boards of registration shall have power, and it shall be their duty, commencing fourteen days prior to any election under said 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 shall not be allowed to vote. And such board shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications 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 thing which, without such pardon or amnesty, would disqualify him from registration or voting. Sec 8. And be it further enacted, That section four of said last-named act shall be construed to authorize the commanding general named therein, whenever he shall deem it needful, to remove any member of a board of registration and to appoint another in his stead, and to fill any vacancy in such board. Sec 9. And be it further enacted, That all members of said boards of registration and all persons hereafter elected or ap pointed to office in said military districts, under any so-called State or municipal authority, 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 io. And be it further enacted, That no district com mander or member of the board of registration, or any of the officers or appointees acting under them, shall be bound 518 ARTICLES OF IMPEACHMENT [March 2/3 in his action by any opinion of any civil officer of the United States. Sec ii. And be it further enacted, That all provisions of this act and of the acts to which this is supplementary shall be con strued liberally, to the end that all the intents thereof may be fully and perfectly carried out. No. 155. Articles of Impeachment March 2-3, 1868 December 17, 1866, James M. Ashley of Ohio moved in the House to suspend the rules for the purpose of reporting from the Committee on Terri tories a. resolution for the appointment of a select committee "to inquire 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 over throw, subvert, or corrupt the Government of the United States, or any de partment thereof." The vote was 90 to 49, but two-thirds being necessary, the motion was lost. January 7, 1867, resolutions for the impeachment of President Johnson were offered by Benjamin F. Loan and John R. Kelso of Missouri, and referred, respectively, to the Committee on Reconstruction and the Committee on the Judiciary. On the same day Ashley, as a question of privilege, impeached Johnson of high crimes and misdemeanors, charging him "with a usurpation of power and violation of law" in having corruptly used the powers of appointment, pardon, and veto, "corruptly disposed of public property of the United States," and "corruptly interfered in elections, and committed acts which, in contemplation of the Constitution, are high crimes and misdemeanors." By a vote of 108 to 39 the charges were re ferred to the Committee on the Judiciary for investigation. February 28 the committee reported that, from lack of time, it had reached no conclusion. March 7 a resolution submitted by Ashley directed the continuance of the investigation, and on the 29th, on motion of Sidney Clarke of Kansas, the committee was requested to report at the first meeting of the House after the recess. November 25 George S. Boutwell of Massachusetts submitted the majority report of the committee. The report closed with a resolution that the President "be impeached for high crimes and misdemeanors." Decem ber 7, by a vote of 57 to 108, the resolution was disagreed to. The evidence taken by the Committee on the Judiciary, together with the correspondence between Johnson and Grant, was referred to the Committee on Reconstruction. February 21, 1868, Stanton communicated to the House Johnson's order removing him from the office of Secretary of War ; this, with a resolution for the impeachment of the President, was also referred to the Committee on Reconstructiorj. On the 2jd the committee reported a resolution recom- 1868] ARTICLES OF IMPEACHMENT 519 mending impeachment, which was agreed to on the 24th by a vote of 1 28 to 47. Committees were appointed to prepare the articles of impeachment and to notify the Senate. The action of the House was communicated to the Senate on the 25th. Nine articles of impeachment were agreed to by the House March 2, two additional articles being approved the following day. On the 4th the articles were read to the Senate, and on the 6th an order was entered directing the issuance of a summons to the President to file an answer to the charges, the order being made returnable March 13. A request for more time in which to prepare an answer secured an extension to the 23d. On that date the answer of the President was read. A request for thirty days in which to complete preparations for the trial was denied, the vote being 1 2 to 41. The trial began March 30, Chief Justice Chase presiding, and continued until MavI2- May 16 a vote was taken on Article XI. of the charges. The vote was 35 "guilty," 19 "not guilty." Votes on Articles II. and IIL, May 26, showed the same result, whereupon the court, by a vote of 34 to 16, adjourned sine die. Judgment of acquittal was entered on the three articles on which a vote was taken. For convenience, the votes on the adoption of the several articles are given in brackets after each article in the text following. References. — Text in House Journal, 40th Cong., 2d Sess., 440-465. For the proceedings prior to the trial see the House and Senate Journals and the Cong. Globe ; for the trial see the Senate Journal, Appendix, and the Cong. Globe, Supplement. The report of November 25, 1867, is Flouse Report 7, 40th Cong., ist Sess. On the Stanton-Grant episode see House Exec. Docs. 57, 149, 168 and 183, 40th Cong., 2d Sess. Extracts from Johnson's inter views and speeches are given in McPherson, Reconstruction, 44-63, 127-143. The early impeachment testimony is in House Report 7, 40th Cong., ist Sess. ; for the articles and fuller testimony see House Misc. Doc. 91, 40th Cong., 2d Sess. On the conduct of the impeachment see House Reports 74 and 75, Senate Report 59, and Senate Misc. Doc. 43, 40th Cong., 2d Sess. See also De Witt, Impeachment and Trial of Andrew Johnson; Foster, Commentaries on the Constitution, I., 546-564. Article I. That said Andrew Johnson, President of the United States, on . . . [February 21, 1868] . . . , at Washington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirement of the Consti tution that he should take care that the laws be faithfully executed, did unlawfully, and in violation of the Constitution and laws of the United States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as such Secretary, and said Andrew Johnson, President of the United States, on . . . [August 520 ARTICLES OF IMPEACHMENT [March 2/3 12, 1867] . . . , and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, that is to say, on the twelfth day of December in the year last aforesaid, having reported to said Senate such suspension with the evidence and reasons for his action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate, and said Senate thereafterwards on . . . [January 13, 1868] . . . , having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension, and having refused to concur in said suspension, whereby and by force of the provisions of . . . [the Tenure of Office Act] . . . , said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said twenty-first day of February, being lawfully entitled to hold said office of Secretary for the Department of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say: Executive Mansion, Washington, D.C., February 21, 1868. Sir: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon 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 pub lic 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 Tenure of Office Act] . . . , and with the further intent, contrary to the provisions of said act, in violation thereof, and contrary to the provisions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said Edwin M. Stanton from the office of Secretary 1868] ARTICLES OF IMPEACHMENT 521 for the Department of War, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful execution and discharge of the duties of said office, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. [Agreed to, 127 to 42, 20 not voting.] Article II. That on said twenty-first day of February . . . [1868] . . . , at Washington, . . . said Andrew Johnson . . . , unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of . . . [the Tenure of Office Act] . . . , without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in substance as follows, that is to say: Executive Mansion, Washington, D.C, February 21, 1868. Sir: The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, ANDREW JOHNSON. To Brevet Major General Lorenzo Thomas, Adjutant General U.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. [Agreed to, 124 to 41, 24 not voting.] Article III. That said Andrew Johnson, ... [on February 21, 1868] . . . , at Washington, . . . did commit and was guilty of a high misdemeanor in office in this, that, without authority of law, while the Senate of the United States was then and there 522 ARTICLES OF IMPEACHMENT [March 2/3 in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time. . . . [Agreed to, 124 to 40, 25 not voting.] Article IV. That said Andrew Johnson, . . . [on February 21, 1868] . . . , at Washington, . . . did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and there the Secretary for the Department of War, duly appointed under the laws of the United States, from holding said office of Secretary for the Department of War, contrary to and in violation of the Constitution of the United States, and of the provisions of . . . [the Conspiracy Act of July 31, 186 1]. [Agreed to, 127 to 42, 20 not voting.] Article V. That said Andrew Johnson, . . . [on February 21, 1868] . . . , and on divers other days and times in said year . . . [before March 2, 1868] . . . , at Washington, . . . did un lawfully conspire with one Lorenzo Thomas, and with other per sons to the House of Representatives unknown, to prevent and hinder the execution of . . . [the Tenure of Office Act] . . . , 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 . . . [Agreed to, 127 to 42, 20 not voting.] Article VI. That said Andrew Johnson, . . . [on February 21, 1868] . . . , at Washington, . . . did unlawfully conspire with one Lorenzo Thomas, by force to seize, take, and possess the property of the United States in the Department of War, and then and there in the custody and charge of Edwin M. Stanton, Secretary for said department, contrary to the provisions of . . . [the act of July 31, 1861] . . . , and with intent to violate and disregard . . . [the Tenure of Office Act] . . . [Agreed to, 127 to 42, 20 not voting.] Article VII. That said Andrew Johnson, ... [on February 1868] ARTICLES OF IMPEACHMENT 523 21, 1868] . . . , at Washington, . . . did unlawfully conspire with one Lorenzo Thomas with intent unlawfully to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton, Secretary for said department, with intent to violate and disregard . . . [the Tenure of Office Act] . . . [Agreed to, 127 to 42, fo not voting.] Article VIII. That said Andrew Johnson, . . . with intent unlawfully to control the disbursements of the moneys appro priated for the military service .and for the Department of War, . . . [on February 21, 1868] . . . , at Washington, . . . did unlawfully and contrary to the provisions of . . . [the Tenure of Office Act] . . . , and in violation of the Constitution of the United States, and without the advice and consent of the Senate of the United States, and while the Senate was then and there in session, there being no vacancy in the office of Secretary for the Department of War, and with intent to violate and disregard the act aforesaid, then and there issue and deliver to one Lorenzo Thomas a letter of authority in writing, in substance as follows, that is to say: [Here follows the letter of appointment as in Article II.] [Agreed to, 127 to 42, 20 not voting.] Article IX. That said Andrew Johnson, . . . [on February 22, 1868] . . . , at Washington, ... in disregard of the Constitution and the laws of the United States duly enacted, as commander-in- chief of the army of the United States, did bring before himself then and there William H. Emory, a major general by brevet in the army of the United States, actually in command of the department of Washington and the military forces thereof, and did then and there, as such commander-in-chief, declare to and instruct said Emory that part of . . . [the Army Appropriation Act of March 2, 1867] . . . , especially the second section thereof, . . . was unconstitutional, and in contravention of the commis sion of said Emory, and which said provision of law had been theretofore duly and legally promulgated by General Order for the government and direction of the army of the United States, as the said Andrew Johnson then and there well knew, with intent thereby to induce said Emory in his official capacity as commander of the department of Washington to violate the provisions of said 524 ARTICLES OF IMPEACHMENT [March 2/3 act, and to take and receive, act upon, and obey such orders as he, the said Andrew Johnson, might make and give, and which should not be issued through the General of the army of the United States, according to the provisions of said act, and with the further intent thereby to enable him, the said Andrew Johnson, to prevent the execution of . . . [the Tenure of Office Act] . . . , and to unlawfully prevent Edwin M. Stanton, then being Secretary for the Department of War, from holding said office and discharg ing the duties thereof . . . [Agreed to, 108 to 4:, 40 not voting.] Article X. That said Andrew Johnson, . . . unmindful of the high duties of his office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt, and reproach the Congress of the United States, and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, (which all officers of the government ought inviolably to preserve and maintain,) and to excite the odium and resent ment of all the good people of the United States against Con gress and the laws by it duly and constitutionally enacted ; and in pursuance 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 Chief Magistrate of the United States, did, . . . [on August 18, 1866] . . . , and on divers other days and times, as well before as afterward, make and deliver with a loud voice certain intemperate, inflammatory and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers, and laughter of the mul titudes then assembled and in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that is to say: Specification First. In this, that at Washington, ... in the Executive Mansion, to a committee of citizens who called 1868] ARTICLES OF IMPEACHMENT 525 upon the President of the United States, speaking of and con cerning the Congress of the United States, said Andrew Johnson, . . . [on August 18, 1866] . . . , did, in a loud voice, declare in substance and effect, among other things, that is to say: "We have witnessed in one department of the government every endeavor to prevent the restoration of peace, harmony, and union. We have seen hanging upon the verge of the 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 per petuate disunion and make a disruption of the States inevitable. * * * We have seen Congress gradually encroach, step by step, upon constitutional rights, and violate, day after day and month after month, fundamental principles of the government. We have seen a Congress that seemed to forget that there was a limit to the sphere and scope of legislation. We have seen a Congress in a minority assume to exercise power which, allowed to be consummated, would result in despotism or monarchy itself." Specification Second. In this, that at Cleveland, ... [on September 3, 1866] . . . , before a public assemblage of citizens and others, said Andrew Johnson, . . . speaking of and con cerning the Congress of the United States, did, in a loud voice, declare in substance and effect, among other things, that is to say : "I will tell you what I did do. I called upon your Congress that is trying to break up the government." SJS !f! 5JS SJt •!• •!• sfs •!• "In conclusion, beside that, Congress had taken much pains to poison their constituents against him. But what had Con gress 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 domineering, had undertaken to poison the minds of the American people." 526 ARTICLES OF IMPEACHMENT [March 2/3 Specification Third. In this, that at St. Louis, . . . [on September 8, 1866] . . . , before a public assemblage of citizens and others, said Andrew Johnson, . . . speaking of and con cerning the Congress of the United States, did, in a loud voice, declare, in substance and effect, among other things, that is to say: "Go on. Perhaps if you had a word or two on the subject of New Orleans- you might understand more about it than you do. And if you will go back — if you will go back and ascertain the cause of the riot at New Orleans perhaps you will not be so prompt in calling out 'New Orleans.' If you will take up the riot at New Orleans and trace it back to its source or its imme diate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the. radical Congress, you will find that the riot at New Orleans was substantially planned. If you will take up the proceedings in their caucuses you will under stand that they there knew that a convention was to be called which was extinct by its power having expired; that it was said that the intention was that a new government was to be organ ized, and on the organization of that government the intention was to enfranchise one portion of the population, called the col ored population, who had just been emancipated, and at the same time disfranchise white men. When you design to talk about New Orleans you ought to understand what you are talk ing about. When you read the speeches that were made, and take up the facts on the Friday and Saturday before that con vention sat, you will there find that speeches were made incen diary in their character, exciting that portion of the population, the black population, to arm themselves and prepare for the shedding of blood. You will also find that that convention did assemble in violation of law, and the intention of that conven tion 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 supersed ing and upturning the civil government which had been recog nized by the government of the United States, I say that he was a traitor to the Constitution of the United States, and hence you 1868] ARTICLES OF IMPEACHMENT 527 find that another rebellion was commenced, having its origin in the radical Congress. ******** "So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed; and every drop of blood that was shed is upon their skirts and they are responsible for it. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes and consequences that resulted from proceedings of that kind, perhaps, as I have been introduced here, and you have provoked questions of this kind, though it does not provoke me, I will tell you a few wholesome things that have been done by this radical Congress in connection with New Orleans and the extension of the elective franchise. "I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere — that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the government; that I had exercised that power; that I had abandoned the party that elected me, and that I was a traitor, because I exercised the veto power in attempting and did arrest for a time a bill that was called a 'Freedman'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 apostles had a Christ. The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? These are the men that stop and compare them selves 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." ****** ** 528 ARTICLES OF IMPEACHMENT [March 2/3 "Well, let me say to you, if you will stand by me in this action, if you will stand by me in trying to give the people a fair chance — soldiers and citizens — to participate in these offices, God being willing, I will kick them out. I will kick them out just as fast as I can. "Let me say to you, in concluding, that what I have said I intended to say. I was not provoked into this, and I care not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor overawed by my friends. But God willing, with your help, I will veto their meas ures whenever any of them come to me." Which said utterances, declarations, threats, and harangues, highly censurable in any, are peculiarly indecent and unbecoming in the Chief Magistrate of the United States, by means whereof said Andrew Johnson has brought the high office of the President of the United States into contempt, ridicule, and disgrace, to the great scandal of all good citizens . . . [Agreed to, 88 to 44, 57 not voting.] Article XI. That said Andrew Johnson, . . . unmindful of the high duties of his office and of his oath of office, and in dis regard of the Constitution and laws of the United States, did . . . on the 18th day of August, 1866, at the city of Washington, . . . by public speech, declare and affirm, in substance, that the thirty- ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same; but, on the contrary, was a Congress of only part of the States, thereby denying and intending to deny that the legislation of said Congress was valid or obligatory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying and intending to deny the power of the said thirty-ninth Congress to propose amendments to the Constitution of the United States; and in pursuance of said declaration, the said Andrew Johnson, . . . afterward, to wit, on the 2 ist day of February, 1868, at the city of Washington, . . . did unlawfully and in disregard of the requirements of the Con stitution, that he should take care that the laws be faithfully exe cuted, attempt to prevent the execution of . . . [the Tenure of Office Act] . . . , by unlawfully devising and contriving, and attempting to devise and contrive, means by which he should 1868] FOURTH RECONSTRUCTON ACT 529 prevent Edwin M. Stanton from forthwith resuming the functions of the office of Secretary for the Department of War, notwithstand ing the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War, and also by further unlawfully devising and contriving and attempting to devise and contrive means then and there to prevent the execution of . . . [the Army Appropriation Act of March 2, 1867] . . . , and also to prevent the execution of . . . [the Reconstruction Act of March 2, 1867] . . . [Agreed to, 109 to 32, 48 not voting.] No. 156. Fourth Reconstruction Act March 11, 1868 A bill "to facilitate the restoration of the late rebel States" was intro duced in the House December 5, 1867, by Ashley of Ohio, and referred to the Committee on the Judiciary. On the 18th the bill was withdrawn in favor of a bill of similar purport, substantially identical with the act as passed, brought forward by Thaddeus Stevens. The latter bill passed the House the same day by a vote of 104 to 37, 47 not voting. The bill was not at once con sidered in the Senate. The rejection, February 4, 1868, of the proposed con stitution of Alabama, however, when "the registered voters refrained from voting upon the question of ratification in sufficient numbers to reduce the vote to several thousand less than half the registration," hastened action. A substitute for the House bill was reported February 17, and on the 26th was agreed to, the vote being 28 to 6. The House, by a vote of 96 to 32, 61 not voting, concurred. March n the bill became law by the ten days rule. References. — Text in U.S. Statutes at Large, XV., 41. For the proceed ings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. The text of Ashley's bill is in the Globe, December 18, House pro ceedings. On elections in the Southern States see House Exec. Doc. 291, 40th Cong., ist Sess.; annual report of the Secretary of War, 1868. An Act to amend the Act ... [of March 23, 1867] . . . Be it enacted . . . , That hereafter any election authorized by the act [of March 23, 1867] . . . , shall be decided by a majority of the votes actually cast ; and at the election in which the question 530 RESTORATION OF ARKANSAS [June 22 of the adoption or rejection of any constitution is submitted, any person duly registered in the State may vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election, upon presentation of his certificate of registration, his affidavit, or other satisfactory evidence, under such regulations as the district commanders may prescribe. Sec. 2. And be it further enacted, That the constitutional convention of any of the States mentioned 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 States, and for all elective officers provided for by the said constitution; and the same election officers who shall make the return of the votes cast on the ratification or rejection of the constitution, shall enumerate and certify the votes cast for members of Congress. No. 157. Act admitting Arkansas, to Rep resentation in Congress June 22, 1868 Under Lincoln's proclamation of December 8, 1863 [No. 137], Arkansas formed a State government, but its representatives were refused admittance by Congress, and the joint resolution of February 8, 1865 [No. 140], included the State in the list of those whose electoral votes should not be counted. The reconstruction government was, however, recognized by President John son, and the State was counted in the list of those whose legislatures had rati fied the Thirteenth Amendment. The first reconstruction act of March 2, 1867 [No. 149], placed Arkansas in the fourth military division, and the re habilitation of the State proceeded under the military government. The nar row majority in favor of the ratification of the State constitution, March 13, 1868, led to the introduction of a bill to admit Arkansas to representation in Congress. The bill was reported in the House May 7, by Thaddeus Stevens, from the Joint Committee on Reconstruction, and passed the next day by a vote of no to 32, 48 not voting. In the Senate an amendment prohibiting the abridgment of the elective franchise, etc., on account of race or color was agreed to, June 1, by a vote of 26 to 14, and the bill passed, the final vote be ing 34 to 8. The House refused to concur, and the bill received its final form from a conference committee. The report of the committee was agreed to by i868] RESTORATION OF ARKANSAS 531 the Senate June 6, and by the House June 8. On the 20th the bill was vetoed by President Johnson, but was passed over the veto, in the House the same day by a vote of in to 31, 48 not voting, and in the Senate June 22, by a, vote of 30 to 7. Senators from the State qualified June 23, and Repre sentatives June 24. References. — Text in U.S. Statutes at Large, XV, 72. For the pro ceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. On the election in Arkansas see House Exec. Doc. 278; on the ratification of the Fourteenth Amendment, House Misc. Doc. 118, ibid. AN ACT to admit the State of Arkansas to representation in Congress. Whereas the people of Arkansas, in pursuance of the pro visions of an act entitled " An act for the more efficient gov ernment of the rebel States," passed March second, eighteen hundred and sixty-seven, 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 fourteen: Therefore, Be it enacted . . . , That the State of Arkansas is entitled and admitted to representation in Congress as one of the States of the Union upon the following fundamental condition: That the constitution of Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted, under laws equally applicable to all the inhabitants of said State: Provided, That any alteration of said constitution prospective in its effect may be made in regard to the time and place of residence of voters. 532 RESTORATION OF CERTAIN STATES [June 25 No. 158. Act admitting North Carolina, South Carolina, Louisiana, Georgia, Ala bama, and Florida to Representation in Congress June 25, 1868 As a result of the vote on the ratification of the State constitution of Ala bama, a bill to restore Alabama to the Union was introduced in the House March 10, 1868, by Thaddeus Stevens. A substitute for this bill passed the House, but was indefinitely postponed by the Senate. May 1 1 a bill to admit North Carolina, South Carolina, Louisiana, Georgia, and Alabama to repre sentation in Congress was reported by Stevens from the Joint Committee on Reconstruction. An amendment striking out Alabama from the list of States was rejected by a vote of 60 to 74, 55 not voting. On the 14th the amended bill passed the House, the vote being no to 35, 44 not voting. June 10 the Senate, by a vote of 22 to 21, included Florida, and the bill with further amendments passed, the vote being 31 to 5. The House concurred in the Senate amendments by a vote of 111 to 28, 50 not voting, an amendment striking out Florida being rejected by a vote of 45 to 99, 45 not voting. The bill was vetoed by President Johnson June 25, and passed over the veto the same day, in the House by a vote of 108 to 32, 54 not voting, and in the Senate by a vote of 35 to 8. References. — Text in U.S. Statutes at Large, XV., 73, 74. For the pro ceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. On Alabama see House Exec. Docs. 302 and 303, and House Report 21, 40th Cong., 2d Sess. ; on North Carolina, South Carolina, Georgia, and Louisiana, House Exec. Docs. 281, 300, and 301, 40th Cong., 2d Sess., and Senate Exec. Doc. 15, 40th Cong., 3d Sess.; on Florida, House Misc. Docs. 109 and 114, 40th Cong., 2d Sess. An Act to admit the Slates of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida, to Representation in Congress. Whereas the people of North Carolina, South Carolina, Lou isiana, Georgia, Alabama, and Florida have, in pursuance of the* provisions of . . [the Reconstruction Act of March 2, 1867] . . , and the acts supplementary thereto, framed constitutions of State government which are republican, and have adopted said con stitutions by large majorities of the votes cast at the elections held for the ratification or rejection of the same: Therefore, Be it enacted . . . , That each of the States of North Caro- 1868] RESTORATION OF CERTAIN STATES 533 lina, South Carolina, Louisiana, Georgia, Alabama, and Florida, shall be entitled and admitted to representation in Congress as a State of the Union when the legislature of such State shall have duly ratified the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as article fourteen, upon the following fundamental conditions: That the constitutions of neither of said States shall ever be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote in said State, who are entitled to vote by the constitution thereof herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State : Pro vided, That any alteration of said constitution may be made with regard to the time and place of residence of voters ; and the State of Georgia shall only be entitled and admitted to representation upon this further fundamental condition : that the first and third subdivisions of section seventeen of the fifth article of the constitu tion of said State, except the proviso to the first subdivision, shall be null and void, and that the general assembly of said State by solemn public act shall declare the assent of the State to the foregoing fundamental condition. ******** Sec. 3. And be it further enacted, That the first section of this act shall take effect as to each State, except Georgia, when such State shall, by its legislature, duly ratify article fourteen of the amendments to the Constitution of the United States, proposed by the Thirty-ninth Congress, and as to the State of Georgia when it shall in addition give the assent of said State to the funda mental condition hereinbefore imposed upon the same; and thereupon the officers of each State duly elected and qualified under the constitution thereof shall be inaugurated without delay; but no person prohibited from holding office under the United States, or under any State, by section three of the proposed amend ment to the Constitution of the United States, known as article fourteen, shall be deemed eligible to any office in either of said States, unless relieved from disability as provided in said amend ment ; and it is hereby made the duty of the President within ten days after receiving official information of the ratification of said 534 OATH OF OFFICE [July n amendment by the legislature of either of said States to issue a proclamation announcing that fact. No. 159. Oath of Office July 11, 1868 March 5, 1868, the House having under consideration a resolution for the removal of the political disabilities of R. R. Butler, a representative-elect from Tennessee, the resolution, on motion of Dawes of Massachusetts, was recom mitted to the Committee on Elections with instructions to report a general bill for the removal of such disabilities. The bill was reported the same day, and on the 6th passed. Subsequent amendments in the Senate and House were unimportant, and the yeas and nays were not called for. An act of February 15, 1871, allowed those who could not take the oath prescribed by the act of July 2, 1862, and who were not rendered ineligible to office by the Fourteenth Amendment, to take the oath prescribed by this act. References. — Text in U.S. Statutes at Large, XV., 85. For the pro ceedings see the House and Senate Journals, 40th Cong., 2d Sess. An Act prescribing an Oath of Office to be taken by Persons from whom legal Disabilities shall have been removed. Be it enacted . . . . , That whenever any person who has par ticipated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of Congress by a vote of two thirds of each house, has been or shall be elected or appointed to any office or place of trust in or under the govern ment of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of . . . [July 2, 1862] . . . , take and subscribe the following oath or affirmation: I, A. B., do solemnly swear (or affirm) that 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 which I am about to enter. So help me God. 1868] EXCLUSION OF ELECTORAL VOTES 535 No. 160. Joint Resolution excluding Elec toral Votes of the Late Rebellious States July 20, 1868 A joint resolution "excluding from the electoral college votes of States lately in rebellion which shall not have been reorganized" was introduced in the Senate June 2, 1868, by George F. Edmunds of Vermont, and referred to the Committee on the Judiciary. The resolution was reported on the 29th with an amendment inserting the clause beginning "nor unless such election of electors." The phraseology of the bill rather than its substance was the chief occasion of debate. The resolution passed the Senate July 10, by a vote of 29 to 5, 23 not voting. The House added the proviso as an amendment, and passed the bill on the nth by a vote of 112 to 21, 65 not voting. The Senate, by a vote of 19 to 15, concurred. The resolution was vetoed by Presi dent Johnson July 20, and passed over the veto the same day, in the House by a vote of 134 to 36, 40 not voting, in the Senate by a vote of 45 to 8. References. — Text in U.S. Statutes at Large, XV., 257. For the pro ceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. A Resolution excluding from the Electoral College Votes of States lately in Rebellion, which shall not have been reorganized. Resolved . . . , That none of the States whose inhabitants were lately in rebellion shall be entitled to representation in the electoral college for the choice of President or Vice-President 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 States, pursuant to the acts of Congress in that behalf, shall have, since . . . [March 4, 1867] . . . , adopted a constitution of State government 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 gov ernment, and such State shall have also become entitled to rep resentation in Congress, pursuant to the acts of Congress in that behalf: Provided, That nothing herein contained shall be con strued to apply to any State which was represented in Congress on . . . [March 4, 1867] . . . 536 FOURTEENTH AMENDMENT [July 28 No. 161. Fourteenth Amendment to the Constitution July 28, 1868 Various propositions to amend the Constitution were submitted in both House and Senate during the first session of the thirty-ninth Congress. A joint resolution embodying the substance of the provisions of the Fourteenth Amendment was reported in the House April 30, 1866, by Thaddeus Stevens, from the Committee on Reconstruction, together with a bill for admission to representation of certain States ratifying the same. May 10 the resolution passed the House, the vote being 128 to 37, 18 not voting. The third section of the House resolution provided that until July 4, 1870, all persons who had voluntarily aided the rebellion should be denied the privilege of voting for Representatives in Congress or presidential electors. The Senate, by a vote of 43 to o, struck out this section, and recast the amendment in the form in which it was later submitted. The resolution passed the Senate June 8, by a vote of 33 to 11. On the 13th the House, by a vote of 138 to 36, 10 not vot ing, concurred. The amendment was rejected by Delaware, Maryland, and Kentucky, and was not acted on by California. It was also at first rejected by Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, with the result that the ratification of the amendment was, by the Reconstruction Act of March 2, 1867, made a condi tion of the restoration of those States. The ratifications of New Jersey and Ohio were rescinded by the legislatures of those States. July 20, 1868, a proclamation by Seward announced that the amendment had been ratified by the legislatures of twenty-three States, and "by newly constituted and newly established bodies avowing themselves to be and acting as the legisla tures of" North Carolina, South Carolina, Florida, Alabama, Louisiana, and Arkansas; and that if the ratifications of New Jersey and Ohio "be deemed as remaining of full force and effect," the amendment was in force. There upon Congress, by resolution of July 21, declared the amendment in force and directed its promulgation as such. The final proclamation was issued July 28. References. — Text in Revised Statutes (ed. 1878), 31. For the proceed ings of Congress see the House and Senate Journals, 39th Cong., and 40th Cong., ist and 2d Sess., and the Cong. Globe. The various proclamations are in U.S. Statutes at Large, XV. For some early proposals see McPherson, Reconstruction, 103. See also Guthrie, Fourteenth Amendment; Slaughter House Cases, 16 Wallace, 36; Johnson's message of June 22, 1866. Man) disabilities under the amendment were removed by special acts; for the gen eral act of May 22, 1872, see No. 173, post. 1868] FOURTEENTH AMENDMENT 537 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 State 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 pro cess of law ; nor deny to any person within its jurisdiction the equal protection of the laws. Sec 2. Representatives shall be apportioned among the sev eral States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants 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 representation therein shall be reduced in the pro portion 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 Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a 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 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, remove such disability. Sec 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pen sions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States 538 VIRGINIA, TEXAS, AND MISSISSIPPI [Feb. 18 nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. Sec 5. The Congress shall have power to enforce, by appro priate legislation, the provisions of this article. No. 162. Provisional Governments of Vir ginia, Texas, and Mississippi February 18, i86g A JOINT resolution for the removal of certain civil officers in Virginia and Texas was introduced in the Senate July 24, 1868, and passed the same day. The bill was not taken up in the House until December 10; it was then re ferred to the Committee on Reconstruction, which reported it January 18, 1869, with an amendment, the amendment being the first two provisos of the act. The same day the bill passed the House. The Senate added the proviso including Mississippi, in which the House concurred. The resolu tion became law under the ten days rule. References. — Text in U.S. Statutes at Large, XV., 344. For the pro ceedings see the House and Senate Journals, 40th Cong., 2d and 3d Sess., and the Cong. Globe. The debate was unimportant. A Resolution respecting the provisional Governments of Virginia and Texas. Resolved . . . , That the persons now holding civil offices in the provisional governments of Virginia and Texas, who can not take and subscribe the oath prescribed by the act . . . [of July 2, 1862] . . . , shall, on the passage of this resolution, be removed therefrom; and it shall be the duty of the district com manders to fill the vacancies so created by the appointment of persons who can take said oath: Provided, That the provisions of this resolution shall not apply to persons who by reason of the removal of their disabilities as provided in the fourteenth amend ment to the Constitution shall have qualified for any office in pur suance of the act . . [of July 11, 1868] . . . : And provided further, That this resolution shall not take effect until thirty days 1869] PUBLIC CREDIT 539 from and after its passage: And it is further provided, That this resolution shall be, and is hereby extended to, and made applicable to the State of Mississippi. No. 163. Act to strengthen the Public Credit March 18, 1869 A bill " to strengthen the public credit, and relating to contracts for the payment of coin," was introduced in the House January 20, 1869, by Schenck of Ohio, and referred to the Committee of Ways and Means. The bill was taken up February 24, and passed the same day by a vote of 121 to 60, 41 not voting. On the 27th the bill passed the Senate, but was disposed of by a "pocket" veto. The second section of the bill legalized contracts for pay ments in coin. The same bill was again introduced by Schenck March 12, and passed the House the same day by a vote of 93 to 48, 52 not voting. A bill of somewhat different character had been introduced in the Senate March 9. On the 15th the Senate bill was laid aside, and the House bill, without the second section, passed, the final vote being 42 to 13. References. — Text in U.S. Statutes at Large, XVI., 1. For the pro ceedings see the Flouse and Senate Journals, 40th Cong., 3d Sess., and 41st Cong., ist Sess., and the Cong. Globe. An Act to strengthen the public Credit. Be it enacted . . . , 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 pay ment 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 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 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 shall be 540 VIRGINIA, MISSISSIPPI, AND TEXAS [April io 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. No. 164. Submission of the Constitutions of Virginia, Mississippi, and Texas April 10, 1869 In a message of April 7, 1869, President Grant recommended that provi sion be made for a vote in Virginia on the State constitution agreed upon by a convention April 17, 1868, and for the election of State officers, the State to be restored on the approval of the constitution by Congress. He further raised the question whether the rejected constitution of Mississippi should not be resubmitted. A bill to give effect to this recommendation, and including Texas, was reported in the House the next day from the Committee on Re construction, and passed with amendments by a vote of 125 to 25, 47 not vot ing. The Senate, by a vote of 30 to 20, added the provision of section 6 of the act, together with other amendments. The final vote in the Senate was 44 to 9. The House, under suspension of the rules, concurred in the Senate amendments, the vote being 108 to 39, 54 not voting. Proclamations submit ting the constitutions of the States to the voters were issued, for Virginia, May 14, for Mississippi, July 13, and for Texas, July 15. References. — Text in U.S. Statutes at Large, XVI., 40, 41. For the proceedings see the House and Senate Journals, 41st Cong., ist Sess., and the Cong. Globe. The bill reported April 8 is in the Globe. On Canby's course in Virginia see Senate Exec. Doc. 13, 41st Cong., 2d Sess. On conditions in Virginia see Senate Exec. Doc. 13, 41st Cong., 2d Sess.; in Texas, House Misc. Docs. 57 and 127, and Senate Misc. Doc. 109, 40th Cong., 2d Sess. An Act authorizing the Submission of the Constitutions of Vir ginia, 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 . . . , That the President of the United States, at such time as he may deem best for the public interest, may sub mit the constitution which was framed by the convention which 1869] VIRGINIA, MISSISSIPPI, AND TEXAS 541 met in Richmond, Virginia, on Tuesday, . . [December 3, 1867] . . . , to the voters of said State, registered at the date of said submission, for ratification or rejection ; and may also submit to a separate vote such 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. Sec 2. And be it further enacted, 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 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 nec essary. And said elections shall be held and returns thereof made in the manner provided by the acts of Congress commonly called the reconstruction acts. Sec 3. [Similar provisions for Texas]; Provided, also, That no election shall be held in said State of Texas for any purpose until the President so directs. Sec 4. [Similar provisions for Mississippi.] Sec 5. And be it further enacted, That if either of said con stitutions 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 the official promulgation of such ratification by the military officer com manding in said State. Sec 6. And be it further enacted, That before the States of Virginia, Mississippi, and Texas shall be admitted to representa tion in Congress, their several legislatures, which may be here after lawfully organized, shall ratify the fifteenth article, which has been proposed by Congress to the several States as an amend ment to the Constitution of the United States. Sec 7. And be it further enacted, That the proceedings in any of said States shall not be deemed final or operate as a com plete restoration thereof, until their action, respectively, shall be approved by Congress, 542 RECONSTRUCTION OF GEORGIA [Dec. No. 165. Reconstruction of Georgia December 22, i86g A BILL "to enforce the fourteenth amendment to the Constitution and the laws of the United States in the State of Georgia, and to restore to that State the republican form of government elected under its new constitution," was introduced in the Senate March 5, 1869, by Edmunds of Vermont, and re ferred to the Committee on the Judiciary. The bill was reported with an amendment on the 17th, but without recommendation as to its passage, the committee being equally divided on that point. A bill with the same title was reported in the House April 7, from the Committee on Reconstruction. There was no further action on either bill during the session. A concurrent resolution of February 9 had provided, in the meantime, for the recognition of the electoral vote of Georgia. In his annual message of December 6, President Grant called attention to the unseating of colored members of the legislature of Georgia and the seating of persons disqualified by the fourteenth amendment, and submitted "whether it would not be wise, without delay, to enact a law authorizing the governor of Georgia to convene the members originally elected to the legislature, requiring each member to take the oath prescribed by the reconstruction acts, and none to be admitted who are in eligible under the third clause of thefourteenth amendment." The Edmunds bill was thereupon called up, and, together with a bill on the same subject in troduced by Oliver P. Morton of Indiana, referred to the Committee on the Judiciary. December 13 the committee reported the Morton bill. On the 17th, by a vote of 38 to 15, section 8, "that the legislature of Georgia shall be regarded as provisional only, until the further action of Congress," was stricken out, and section 8 of the act inserted. The bill then passed, the vote being 45 to 9. The House passed the bill on the 21st by a vote of 121 to 51, 39 not voting. References. — Text in U.S. Statutes at Large, XVI., 59, 60. For the proceedings see the House and Senate Journals, 41st Cong., ist and 2d Sess., and the Cong. Globe. On political conditions in Georgia see House Misc. Doc. 52, 40th Cong., 3d Sess. ; House Exec. Doc. 82, Senate Exec. Docs. 3 and 41, Senate Reports 58 and 75, 41st Cong., 2d Sess. An Act to promote the Reconstruction of the State of Georgia. Be it enacted . . , That the governor of the State of Georgia be, and hereby is, authorized and directed, forthwith, by procla mation, to summon all persons elected to the general assembly of said State, ... to appear on some day certain, to be named in said proclamation, at Atlanta, in said State; and thereupon the said general assembly of said State shall proceed to perfect its 1869] RECONSTRUCTION OF GEORGIA 543 organization in conformity with the Constitution and laws of the United States, according to the provisions of this act. Sec 2. And be it further enacted, That when the members so elected to said senate and house of representatives shall be con vened, as aforesaid, each and every member and each and every person claiming to be elected as a member of said senate or house of representatives shall, in addition to taking the oath or oaths re quired by the constitution of Georgia, also take and subscribe and file in the office of the secretary of state of the State of Georgia one of the following oaths or affirmations, namely: "I do solemnly swear (or affirm, as the case may be) that I have never held the office, or exercised the duties of, a senator or representative in Congress, nor been a member of the legislature of any State of the United States, nor held any civil office created by law for the ad ministration of any general law of a State, or for the administration of justice in any State or under the laws of the United States, nor held any office in the military or naval service of the United States, and thereafter engaged in insurrection or rebellion against the United States, or gave aid or comfort to its enemies, or rendered, except in consequence of direct physical force, any support or aid to any insurrection or rebellion against the United States, nor held any office under, or given any support to, any government of any kind organized or acting in hostility to the United States, or levying war against the United States. So help me God . " Or the following oath or affirmation, namely: "I do solemnly swear (or affirm, as the case may be) that I have been relieved, by an act of the Congress of the United States, from disability as pro vided for by section three of the fourteenth amendment to the Constitution of the United States. So help me God ..." And every person claiming to be so elected, who shall refuse or decline or neglect or be unable to take one of said oaths or affirmations above provided, shall not be admitted to a seat in said senate or house of representatives, or to a participation in the proceedings thereof, but shall be deemed ineligible to such seats. ******** Sec 4. And be it further enacted, That the persons elected, as aforesaid, and entitled to compose such legislature, and who shall comply with the provisions of this act, by taking one of the oaths or affirmations above prescribed, shall thereupon pro- 544 RESTORATION OF VIRGINIA [Jan. 20 eeed, in said senate and house of representatives to which they have been elected respectively, to reorganize said senate and house of representatives, respectively, by the election and qualification of the proper officers of each house. Sec 6. And be it further enacted, That it is hereby declared that the exclusion of any person or persons elected as aforesaid, and being otherwise qualified, from participation in the pro ceedings of said senate or house of representatives, upon the ground of race, color, or previous condition of servitude, would be illegal, and revolutionary, and is hereby prohibited. Sec 7. And be it further enacted, That upon the application of the governor of Georgia, the President of the United States shall employ such military or naval forces of the United States as may be necessary to enforce and execute the preceding pro visions of this act. Sec 8. And be it further enacted, That the legislature shall ratify the fifteenth amendment proposed to the Constitution of the United States before senators and representatives from Georgia are admitted to seats in Congress. No. 166. Admission of Virginia to Rep resentation in Congress January 26, 1870 The annual message of President Grant, December 6, 1869, urged the ad mission of Virginia to representation, but stated that the results of the recent elections in Mississippi and Texas were not yet known. To the proposition to rehabilitate Virginia there was strong opposition, but the wish of the Presi dent prevailed. A bill to give effect to the recommendation was reported January 11, 1870, from the Committee on Reconstruction. On the 14th a substitute offered by Bingham was agreed to by a vote of 98 to 95, 17 not voting, and the bill passed, the final vote being 142 to 49, 19 not voting. The Senate added various amendments imposing conditions and restrictions, and passed the bill on the 21st by a vote of 47 to 10. On the 24th the House concurred in the Senate amendments, the vote being 136 to 58, 16 not vot ing. July 28 the military authority in Virginia ceased. Acts of February 23 and March 30 provided in similar terms for the restoration of Mississippi and Texas, and the niijitary authority in those States was withdrawn. 1S70] RESTORATION OF VIRGINIA 545 References. — Text in U.S. Statutes at Large, XVI., 62, 63. For the proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the Cong. Globe. An Act to admit the State of Virginia to Representation 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 constitu tion have ratified the fourteenth and fifteenth amendments to the Constitution 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, Be it enacted . . . , That the said State of Virginia is entitled to representation in the Congress of the United States: Pro vided, 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 permanent preservation, an oath1 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 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 rebellion against the same, or given aid or comfort to the enemies thereof, so help me God"; or such person 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 relieved from the disabilities imposed upon me by the fourteenth amendment of the Constitution of the United States, so help me God " ; . . . 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 as aforesaid, shall be deemed and taken, to all intents and pur poses, to have vacated his office: And provided further, That 1 An amending act of February 1, 1870, provided for the usual alternative of affirmation. — Ed. 2N 546 FIFTEENTH AMENDMENT [March 30 the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following funda mental 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 inhabitants of said State: Provided, That any alteration of said Constitution, pro spective 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 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 o{ 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. No. 167. Fifteenth Amendment to the Con stitution March 30, 1870 "The evident and complete inefficacy of the second section of the [four teenth] amendment was the reason for the introduction of the fifteenth amendment" (Johnston). As in the case of the previous amendments, vari ous propositions were submitted, while the discussion of the political and constitutional theories embodied in the proposed amendment took a wide range. February 17, 1S69, the Senate, after long debate, passed, by a vote of 35 to 11, a joint resolution for the submission of an amendment to the Consti tution reported from the Committee on the Judiciary January 15. February 20 the resolution in amended form passed the House, the vote being 140 to 37, 46 not voting. The Senate, by a vote of 32 to 17, disagreed to the House amendment. The conference committee rejected the amendment of the House and agreed to the Senate resolution, except the words "and to hold office," in section 1. The amendment was rejected by New Jersey, Dela- 1870] ACT TO ENFORCE FIFTEENTH AMENDMENT 547 ware, Maryland, Kentucky, Oregon, and California, and was not acted on by Tennessee. Georgia and Ohio at first rejected it, but subsequently ratified it. The ratification of New York was later rescinded. A proclamation de claring the amendment in force was issued March 30, 1870. References. — Text in Revised Statutes (ed. 1878), 32. For the pro ceedings of Congress see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. Votes of State legislatures on ratification are collected in McPherson, Reconstruction, 488-498, 557-562. Article XV. Section i. 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. Section 2. The Congress shall have power to enforce this article by appropriate legislation. No. 168. Act to enforce the Fifteenth Amendment May 31, 1870 A bill to enforce the right of citizens of the United States to vote was in troduced in the House February 21, 1870, by Bingham of Ohio, and referred to the Committee on the Judiciary. May 9 a substitute was reported and the bill recommitted. The substitute measure was again reported May 16, and passed the same day, the vote being 131 to 43, 54 not voting. May 20 the Senate, after an all-night session, passed a substitute by a vote of 43 to 8, 21 not voting. The House disagreed to the Senate amendment, and a con ference committee settled the final form of the bill. The report of the con ference committee was agreed to by the Senate on the 25th by a vote of 48 to n, and by the House on the 27th by a vote of 133 to 58, 39 not voting. References. — Text in U.S. Statutes at Large, XVI., 140-146. For the proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the Cong. Globe. The House substitute of May 9 is in the Globe for May 16; the text of the Senate bill is in ibid., May 20. Part of the act followed a re port on New York election frauds, House Report 31, 40th Cong., 3d Sess. On general political conditions in the South see House Report 37, 41st Cong., 3d Sess.; Senate Report 1, 42d Cong., ist Sess.; House Exec. Doc. 268, 42d Cong., 2d Sess.; House Reports 101 and 261, 43d Cong., 2d Sess. The Con gressional documents contain numerous reports on affairs in the different States. 548 ACT TO ENFORCE FIFTEENTH AMENDMENT [May 31 An Act to enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other purposes. Be it enacted . . . , 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, Territory, district, county, city, par ish, 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 con dition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its author ity, to the contrary notwithstanding. Sec 2. And be it further enacted, 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 constitu tion or laws persons or officers are or shall be charged with the performance of duties in furnishing to citizens an opportu nity 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 citizens 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; [penalty for refusal]. Sec 4. And be it further enacted, That if any person, by force, bribery, threats, intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, . . . [&c], 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 offence forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, . . . and shall also for every such offence be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be im prisoned not less than one month and not more than one year, or both, at the discretion of the court. Sec 5. And be it further enacted, That if any person shall prevent, hinder, control, or intimidate, or shall attempt to pre- 1870] ACT TO ENFORCE FIFTEENTH AMENDMENT 549 vent . . [ &c], any person from exercising or in exercising the right of suffrage, to whom the right of suffrage is secured or guaranteed by the fifteenth amendment to the Constitution of the United States, by means of bribery, threats, or threats of depriving such person of employment or occupation, or of eject ing such person from rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, such person so offend ing shall be deemed guilty of a misdemeanor, and shall, on con viction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Sec 6. And be it further enacted, That if two or more per sons 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 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 his having exercised the same, such per sons shall be held guilty of felony, and, on conviction thereof, shall be fined or imprisoned, or both, at the discretion of the court, — the fine not to exceed five thousand dollars, and the imprisonment not to exceed ten years, — and shall, moreover, be thereafter ineligible 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 13. And be it further enacted, That it shall be lawful for the President of the United States to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to aid in the execution of judicial process issued under this act. ******** Sec 15. And be it further enacted, That any person who shall hereafter knowingly accept or hold any office under the United States, or any State to which he is ineligible under the third section of the fourteenth article of amendment of the Constitu tion of the United States, or who shall attempt to hold or exer- 550 ACT TO ENFORCE FIFTEENTH AMENDMENT [May 31 cise 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 imprisoned not more than one year, or fined not exceed ing one thousand dollars, or both, at the discretion of the court. Sec 16. And be it further enacted, That all persons within the jurisdiction 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 parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstand ing. ... Sec 18. [The Civil Rights Act of 1866 reenacted.] Sec 19. And be it further enacted, That if at any election for representative 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 candidate 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, reward, 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 induce by any such means, or otherwise, any officer of an election in any such State or Territory to 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 unlawful means, induce any officer of an election, or officer whose duty it is to ascertain, announce, 01 declare the result of any such election, or give or make any 1870] REFUNDING THE NATIONAL DEBT 551 certificate, document, or evidence in relation thereto, to violate or refuse to comply with his duty, or any law regulating the same; or knowingly and wilfully 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, person, or officer 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 prosecu tion in any court of the United States of competent jurisdiction, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding three years, or both, in the discretion of the court, and shall pay the costs of prosecution. No. 169. Act for Refunding the National Debt July 14, 1870 In his annual report of December 6, 1869, the Secretary of the Treasury called attention to the fact that the bonds known as 5-20's, amounting to $1,602,671,100, were either redeemable or soon to become redeemable. A bill to provide for refunding the national debt was introduced in the Senate by Sumner January 12, 1870, and referred to the Committee on Finance, which reported February 3, through Sherman, a substitute. The matter formed one of the principal subjects of discussion for the remainder of the session. The substitute bill with amendments passed the Senate March n, by a vote of 32 to 10. The House left the bill without action until July 1, when a substitute reported by Schenck, from the Committee of Ways and Means, was agreed to, the final vote being 129 to 42, 58 not voting. The chief difference between the two bills was in the character of the bonds to be issued. The Senate refused to accept the substitute of the House. A report of a conference com mittee, July 12, being the act as approved with an additional section requiring the deposit of registered bonds as security for bank circulation, was rejected by the House by a vote of 88 to 103. A second report was agreed to the next day, in the House by a vote of 139 to 54, 37 not voting, and in the Senate without a division. An amending act of January 20, 187 1, increased the amount of five per cent bonds to $500,000,000, but without increasing the total issue. 552 REFUNDING THE NATIONAL DEBT [July 14 References. — Text in U.S. Statutes at Large, XVI., 272-274. For the proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the Cong. Globe. On Sumner's bill see his remarks in the Globe, January 12; on the Senate substitute, Sherman's remarks, ibid., February 28, and Senate Report 4. Cf. Sherman's strictures on the act in his Recollections, I, 451-458. An Act to authorize the Refunding of the national Debt. Be it enacted . . . , That the Secretary of the Treasury is hereby authorized to issue, in a sum or sums not exceeding in the aggregate two hundred million dollars, 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 issue, and bearing interest, payable semiannually in such coin, at the rate of five per cent, per annum ; also a sum or sums not exceeding in the aggregate three hundred million dollars of like bonds, the same in all respects, but payable at the pleasure of the United States, after fifteen years from 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 one thousand million dollars of like bonds, the same in all respects, but payable at the pleasure of the United States, after thirty years from the date of their issue, and bearing in terest 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. . . . Sec 2. And be it further enacted, 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 proceeds thereof to the redemption of any of the bonds of the United States outstanding, and 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 authorized shall be used for no other purpose whatso ever. . . . 1870] RESTORATION OF GEORGIA 553 Sec 4. And be it further enacted, That the Secretary of the Treasury is hereby authorized, with any coin in the treasury of the United States which he may lawfully apply 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 of the United States of the kind known as five-twenty bonds, which have become or shall here after become redeemable by the terms of their issue. . . . No. 170. Act for the Restoration of Georgia July 15, 1870 A bill for the restoration of Georgia, similar in purport to the acts for the restoration of Mississippi and Texas, was reported in the House February 25, 1870, by Butler of Massachusetts, from the Committee on Reconstruction, and passed, March 8, by a vote of 115 to 71, 34 not voting. The Senate added section 2 of the act, and further amendments declaring the existing govern ment of the State provisional, directing the holding of a new election, and authorizing the President to suppress disorder. The amended bill passed the Senate April 19, by a vote of 27 to 25. The bill was left without further action until June 24, when the House Committee on Reconstruction reported in favor of the passage of the House bill with amendments. The Senate refused to concur, and the final form of the bill was settled by a conference committee. The report of the committee was accepted by both houses July 14, without a division. References. — Text in U.S. Statutes at Large, XVI., 363, 364. For the proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the Cong. Globe. On political conditions in Georgia see House Exec. Doc. 288. An Act relating to the State of Georgia. Be it enacted . . . , That the State of Georgia having complied with the reconstruction acts, and the fourteenth and fifteenth 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 that the State of Georgia is entitled to representation in the Congress of the United States. But 554 ACT TO ENFORCE FIFTEENTH AMENDMENT [Feb. 28 nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the general assembly of said State, as provided for in the Constitution thereof; and nothing in this or any other act of Congress shall be construed to affect the term to which any officer has been appointed or any member of the general assem bly elected as prescribed by the Constitution of the State of Georgia. ******** No. 171. Supplementary Act to enforce the Fifteenth Amendment February 28, 1871 A bill to amend the act of May 31, 1870, commonly known as the "Force Bill," was introduced in the House January 9, 1871, by John C. Churchill of New York, and referred to the Committee on the Judiciary. February 15 a substitute offered by Bingham of Ohio was agreed to with amendments, and the bill passed, the final vote being 144 to 64, 32 not voting. The Senate passed the bill on the 24th without amendment by a vote of 39 to 10, 25 not voting. The act was further supplemented by a provision of the sundry civil appropriation act of June 10, 1872. References. — Text in U.S. Statutes at Large, XVI., 433-440. For the proceedings see the House and Senate Journals, 41st Cong., 3d Sess., and the Cong. Globe. The amendatory provision of the act of June 10, 1872, is in MacDonald's Select Statutes, No. 95. An Act to amend an Act approved . . . [May 31, 1870] . . , entitled "An Act to enforce the Rights of Citizens of the United States to vote in the several States of this Union, and for other Purposes."Be it enacted . . . , [Section 1 amends Section 20 of the act of May 31, 1870]. Sec 2. And be it further enacted, That whenever in any city or town having upward of twenty thousand inhabitants, there shall be two citizens thereof who, prior to any registration of voters for an election for representative or delegate in the Con gress of the United States, or prior to any election at which a 1871] ACT TO ENFORCE FIFTEENTH AMENDMENT 555 representative or delegate in Congress is to be voted for, shall make known, in writing, to the judge of the circuit court of the United States for the circuit wherein such city or town shall be, their desire to have said registration, or said election, or both, guarded and scrutinized, it shall be the duty of the said judge of the circuit court, within not less than ten days prior to said registration, if one there be, or, if no registration be required, within not less than ten days prior to said election, to open the said circuit court at the most convenient point in said circuit. And the said court, when so opened by said judge, shall proceed to appoint and commission, from day to day and from time to time, and under the hand of the said circuit judge, and under the seal of said court, for each election district or voting precinct in each and every such city or town as shall, in the manner herein prescribed, have applied therefor, and to revoke, change, or renew said appointment from time to time, two citizens, resi dents of said city or town, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as supervisors of election. And the said circuit court, when opened by the said circuit judge as required herein, shall therefrom and thereafter, and up to and including the day following the day of election, be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time; and a judge sit ting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court. Sec 4. And be it further enacted, That it shall be the duty of the supervisors of election, appointed under this act, . . to at tend at all times and places fixed for the registration of voters, who, being registered, would be entitled to vote for a representa tive or delegate in Congress, and to challenge any person offering to register; to attend at all times and places when the names of registered voters may be marked for challenge, and to cause such names registered as they shall deem proper to be so marked; to make, when required, the lists, or either of them, provided for in section thirteen of this act, and verify the same; 556 ACT TO ENFORCE FIFTEENTH AMENDMENT [Feb. 28 and upon any occasion, and at any time when in attendance under the provisions of this act, to personally inspect and scru tinize such registry, and for purposes of identification to affix their or his signature to each and every page of the original list, and of each and every copy of any such list of registered voters, at such times, upon each day when any name may or shall be received, entered, or registered, and in such manner as will, in their or his judgment, detect and expose the improper or wrongful removal therefrom, or addition thereto, in any way, of any name or names. Sec 5. And be it further enacted, That it shall also be the duty of the said supervisors of election, ... to attend at all times and places for holding elections of representatives or delegates in Congress, and for counting the votes cast at said elections; to challenge any vote offered by any person whose legal qualifi cations the supervisors, or either of them, shall doubt; to be and remain where the ballot-boxes are kept at all times after the polls are open until each and every vote cast at said time and place shall be counted, the canvass of all votes polled be wholly completed, and the proper and requisite certificates or returns made, whether said certificates or returns be required under any law of the United States, or any State, territorial, or municipal law, and to personally inspect and scrutinize, from time to time, and at all times, on the day of election, the manner in which the voting is done, and the way and method in which the poll- books, registry-lists, and tallies or check-books, whether the same are required by any law of the United States, or any State, territorial, or municipal law, are kept; and to the end that each candidate for the office of representative or delegate in Congress shall obtain the benefit of every vote for him cast, the said su pervisors of election are, and each of them is, hereby required, in their or his respective election districts or voting precincts, to personally scrutinize, count, and canvass each and every ballot in their or his election district or voting precinct cast, whatever may be the indorsement on said ballot, or in whatever box it may have been placed or be found; to make and forward to the officer who, in accordance with the provisions of section thirteen of this act, shall have been designated as the chief supervisor of the judicial district in which the city or town wherein they or he 1871] ACT TO ENFORCE FIFTEENTH AMENDMENT 557 shall serve shall be, such certificates and returns of all such ballots as said officer may direct and require, and to attach to the registry list, and any and all copies thereof, and to any cer tificate, statement, or return, whether the same, or any part or portion thereof, be required by any law of the United States, or of any State, territorial, or municipal law, any statement touch ing the truth or accuracy of the registry, or the truth or fairness of the election and canvass, which the said supervisors of elec tion, or either of them, may desire to make or attach, or which should properly and honestly be made or attached, in order that the facts may become known, any law of any State or Territory to the contrary notwithstanding. Sec 6. And be it further enacted, That the better to enable the said supervisors of election to discharge their duties, they are, and each of them is, hereby authorized and directed, in their or his respective election districts or voting precincts, on the day or days of registration, on the day or days when regis tered voters may be marked to be challenged, and on the day or days of election, to take, occupy, and remain in such position or positions, from time to time, whether before or behind the ballot-boxes, as will, in their judgment, best enable them or him to see each person offering himself for registration or offering to vote, and as will best conduce to their or his scrutinizing the manner in which the registration or voting is being conducted; and at the closing of the polls for the reception of votes, they are, and each of them is, hereby required to place themselves or himself in such position in relation to the ballot-boxes for the purpose of engaging in the work of canvassing the ballots in said boxes contained as will enable them or him to fully perform the duties in respect to such canvass provided in this act, and shall there remain until every duty in respect to such canvass, certificates, returns, and statements shall have been wholly com pleted, any law of any State or Territory to the contrary not withstanding. Sec 8. And be it further enacted, That whenever an election at which representatives or delegates in Congress are to be chosen shall be held in any city or town of twenty thousand inhabitants or upward, the marshal of the United States for 558 ACT TO ENFORCE FIFTEENTH AMENDMENT [Feb. 28 the district in which said city or town is situated shall have power, and it shall be his duty, on the application, in writing, of at least two citizens residing in any such city or town, to appoint special deputy marshals, whose duty it shall be, when required as provided in this act, to aid and assist the supervisors of election in the verification of any list of persons made under the provisions of this act, who may have registered, or voted, or either; to attend in each election district or voting precinct at the times and places fixed for the registration of voters, and at all times and places when and where said registration may by law be scrutinized, and the names of registered voters be marked for challenge; and also to attend, at all times for holding such elections, the polls of the election in such district or precinct. And the marshal and his general deputies, and such special deputies, shall have power, and it shall be the duty of such special deputies, to keep the peace, and support and protect the supervisors of elections in the discharge of their duties, pre serve order at such places of registration and at such polls, prevent fraudulent registration and fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediately, either at said place of registration or polling-place, or elsewhere, and either before or after registering or voting, to arrest and take into custody, with or without process, any person who shall commit, or attempt or offer to commit, any of the acts or offences prohibited by this act, or the act hereby amended, or who shall commit any offence against the laws of the United States. . . . ******** Sec io. And be it further enacted, That whoever, with or without any authority, power, or process, or pretended author ity, power, or process, of any State, territorial, or municipal authority, shall obstruct, hinder, assault, or by bribery, solici tation, or otherwise, interfere with or prevent the supervisors of election, or either of them, or the marshal or his general or special deputies, or either of them, in the performance of any duty required of them, or either of them, or which he or they, or either of them, may be authorized to perform by any law of the United States, whether in the execution of process or other wise, or shall by any of the means before mentioned hinder or 1871] ACT TO ENFORCE FIFTEENTH AMENDMENT 559 prevent the free attendance and presence at such places of registration or at such polls of election, or full and free access and egress to and from any such place of registration or poll of election, or in going to and from any such place of registra tion or poll of election, or to and from any room where any such registration or election or canvass of votes, or of making any returns or certificates thereof, may be had, or shall molest, interfere with, remove, or eject from any such place of registra tion or poll of election, or of canvassing votes cast thereat, or of making returns or certificates thereof, any supervisor of elec tion, the marshal, or his general or special deputies, or either of them, or shall threaten, or attempt, or offer so to do, or shall refuse or neglect to aid and assist any supervisor of election, or the marshal or his general or special deputies, or either of them, in the performance of his or their duties when required by him or them, or either of them, to give such aid and assistance, he shall be guilty of a misdemeanor, and liable to instant arrest without process, and on conviction thereof shall be punished by imprisonment not more than two years, or by fine not more than three thousand dollars, or by both such fine and imprison ment, and shall pay the costs of the prosecution. Whoever shall, during the progress of any verification of any Hst of the persons who may have registered or voted, and which shall be had or made under any of the provisions of this act, refuse to answer, or refrain from answering, or answering shall knowingly give false information in respect to any inquiry law fully made, such person shall be liable to arrest and imprison ment as for a misdemeanor, and on conviction thereof shall be punished by imprisonment not to exceed thirty days, or by fine not to exceed one hundred dollars, or by both such fine and imprisonment, and shall pay the costs of the prosecution. ******** Sec 19. And be it further enacted, That all votes for repre sentatives in Congress shall hereafter be by written or printed ballot, any law of any State to the contrary notwithstanding; and all votes received or recorded contrary to the provisions of this section shall be of none effect.1 * Amended by act of May 3, 1872 (U.S. Stat, at Large, XVII., 61). — Ed. 560 ACT TO ENFORCE FOURTEENTH AMENDMENT [April 2a No. 172. Act to enforce the Fourteenth Amendment April 20, 1 87 1 A BILL to enforce the provisions of the fourteenth amendment was re ported in the House March 28, 1871, by Samuel Shellabarger of Ohio, from the select committee to which had been referred the President's message of March 23 on the condition of affairs in the South. The bill formed the prin cipal subject of debate until April 6, when, with amendments, it passed the House by a vote of 118 to 91, 18 not voting. The Senate added, among others, an amendment offered by Sherman making counties, cities, parishes, etc., liable for injuries done to any person by reason of his race or color, and on the 14th passed the bill, the vote being 45 to 19, 6 not voting. The House, by a vote of 45 to 132, 53 not voting, rejected the principal Senate amend ment, and also refused, by a vote of 74 to 106, 50 not voting, to agree to a re port of a conference committee retaining the objectionable section. A second conference committee reported a compromise in the terms of section 6 of the act. The report was agreed to April 19, in the House by a vote of 93 to 74, 63 not voting, and in the Senate by a vote of 36 to 13. A proclamation call ing attention to the act as one of "extraordinary public importance" was issued May 3. References. — Text in U.S. Statutes at Large, XVII., 13-15. For the proceedings see the House and Senate Journals, 42d Cong., ist Sess., and the Cong. Globe. The " Ku Klux" report is House Report 22 and Senate Report 41, 42d Cong., 2d Sess. An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes. Be it enacted . . . , That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall, any such law, statute, ordinance, regu lation, custom, or usage of the State to the contrary notwith standing, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress; such proceed ing to be prosecuted in the several district or circuit courts of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in 1871] ACT TO ENFORCE FOURTEENTH AMENDMENT 561 such courts, under the provisions of the . . . [Civil Rights Act] . . . , and the other remedial laws of the United States which are in their nature applicable in such cases. Sec 2. That if two or more persons within any State or Territory of the United States shall conspire together to over throw, or to put down, or to destroy by force the government of the United States, or to levy war against the United States, or to oppose by force the authority of the government of the United States, or by force, intimidation, or threat to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, or by force, intimida tion, or threat to prevent any person from accepting or holding any office or trust or place of confidence under the United States, or from discharging the duties thereof, or by force, in timidation, or threat to induce any officer of the United States to leave any State, district, or place where his duties as such officer might lawfully be performed, or to injure him in his per son or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty, or by force, intimidation, or threat to deter any party or witness' in any court of the United States from at tending such court, or from testifying in any matter pending in such court fully, freely, and truthfully, or to injure any such party or witness in his person or property on account of his having so attended or testified, or by force, intimidation, or threat to influence the verdict, presentment, or indictment, of any juror or grand juror in any court of the United States, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or on account of his being or having been such juror, or shall conspire together, or go in disguise upon the public highway or upon the premises of another for the purpose, either directly or indirectly, of depriving any person or any class of persons of the equal protection of the laws, or of equal privileges or im munities under the laws, or for the purpose of preventing or hindering the constituted authorities of any State from giving 562 ACT TO ENFORCE FOURTEENTH AMENDMENT [April 20 or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due course of justice in any State or Territory, with intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or his property for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, or by force, intimidation, or threat to prevent any citizen of the United States lawfully en titled to vote from giving his support or advocacy in a lawful manner towards or in favor of the election of any lawfully quali fied person as an elector of President or Vice-President of the United States, or as a member of the Congress of the United States, or to injure any such citizen in his person or property on account of such support or advocacy, each and every person so offending shall be deemed guilty of a high crime, and, upon conviction thereof in any district or circuit court of the United States or district or supreme court of any Territory of the United States having jurisdiction of similar offences, shall be punished by a fine not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, as the court may determine, for a period of not less than six months nor more than six years, as the court may determine, or by both such fine and imprisonment as the court shall deter mine. . . . Sec 3. That in all cases where insurrection, domestic vio lence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, as to deprive any portion or class of the peo ple of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by this act, and the constituted authorities of such State shall either be unable to protect, or shall, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases ... it shall be lawful for the President, and it shall he his duty to take such measures, by the employment of the militia or the land and naval forces of the 1871] ACT TO ENFORCE FOURTEENTH AMENDMENT 563 United States, or of either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic vio lence, or combinations. . . . Sec 4. That whenever in any State or part of a State the unlawful combinations named in the preceding section of this act shall be organized and armed, and so numerous and power ful as to be able, by violence, to either overthrow or set at defi ance the constituted authorities of such State, and of the United States within such State, or when the constituted authorities are in complicity with, or shall connive at the unlawful purposes of, such powerful and armed combinations; and whenever, by reason of either or all of the causes aforesaid, the conviction of such offenders and the preservation of the public safety shall become in such district impracticable, in every such case such combinations shall be deemed a rebellion against the govern ment of the United States, and during the continuance of such rebellion, and within the limits of the district which shall be so under the sway thereof, such limits to be prescribed by procla mation, it shall be lawful for the President of the United States, when in his judgment the pubhc safety shall require it, to sus pend the privileges of the writ of habeas corpus, to the end that such rebellion may be overthrown: Provided, That all the pro visions of the second section of . [the Habeas Corpus Act of March 3, 1863] . . . , which relate to the discharge of prisoners other than prisoners of war, and to the penalty for refusing to obey the order of the court, shall be in full force so far as the same are applicable to the provisions of this section: Provided further , That the President shall first have made proclamation, as now provided by law, commanding such insurgents to disperse: And provided also, That the provisions of this section shall not be in force after the end of the next regular session of Congress. Sec 5. That no person shall be a grand or petit juror in any court of the United States upon any inquiry, hearing, or trial of any suit, proceeding, or prosecution based upon or aris ing under the provisions of this act who shall, in the judgment of the court, be in complicity with any such combination or con spiracy; and every such juror shall, before entering upon any such inquiry, hearing, or trial, take and subscribe an oath in 564 ACT REMOVING POLITICAL DISABILITIES [May 22 open court that he has never, directly or indirectly, counselled, advised, or voluntarily aided any such combination or conspir acy. . . . No. 173. Act removing Political Disabili ties May 22. 1872 May 13, 1872, the House having before it a number of bills for the removal of the political disabilities of the persons named therein, the rules were sus pended, and a general bill for the removal of disabilities imposed by the fourteenth amendment was introduced by Butler of Massachusetts, from the Committee on the Judiciary, and passed. The Senate passed the bill on the 21st by a vote of 38 to 2. The debate was without special interest. The disabilities not provided for by this act were removed by an act of June 6, 1898. References. — Text in U.S. Statutes at Large, XVII., 142. For the pro ceedings see the House and Senate Journals, 42d Cong., ist Sess., and the Cong. Record. An Act to remove political Disabilities imposed by the fourteenth Article of the Amendments of the Constitution of the United States. Be it enacted . . . , (two-thirds of each house concurring therein), That all political disabilities imposed by the third sec tion of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whom soever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States. 1872] COINAGE ACT 565 No. 174. Coinage Act February 12, 1873 The need of a revision of the laws relating to the mints, assay offices, and coinage was suggested as early as 1866, and April 25, 1870, a report on the subject, prepared by John Jay Knox, comptroller of the currency, was sub mitted to Congress, together with the draft of a bill. A bill in accordance with this report was reported in the Senate December 19, 1870, by Sherman, and passed that body January 10, 1871. A substitute reported in the House February 25 was recommitted. A second bill to the same effect was intro duced in the House March 3, by William D. Kelley of Pennsylvania, and referred to the Committee on Coinage, Weights, and Measures. The bill was not reported until January 9, 1872, and the next day was recommitted. A bill with similar title was reported February 9 by Hooper of Massachusetts, and also recommitted. The latter bill was taken up April 9, and May 27 a substi tute offered by Hooper was passed under suspension of the rules. The Senate referred the bill to the Committee on Finance, and the session closed without further action. December 16 the bill was reported in the Senate, further amendments being reported January 7, 1873. The bill was taken up on the 1 7th, and passed with amendments the same day . The final form of the bill was the work of a conference committee. The omission of the standard sil ver dollar of 41 2 J grains from the list of coins led later to the charge that the act aimed to demonetize silver, and caused the advocates of silver to refer to the act as the "crime of 1873." Only those sections of the act giving the list of coins are inserted here. References. — Text in U.S. Statutes at Large, XVII., 424-436, passim. For the proceedings see the House and Senate Journals, 41st Cong., 3d Sess., and 42d Cong., and the Cong. Record; see also the Record, 53d Cong., ist Sess., pp. 1219-1224. Knox's report is Senate Misc. Doc. 132, 41st Cong., 2d Sess. ; the correspondence connected with it is in House Exec. Doc. 307. An Act revising and amending the Laws relative to the Mints, Assay-offices, and Coinage of ihe United States. ******** Sec 14. That the gold coins of the United States shall be a one-dollar piece, which, at the standard weight of twenty-five and eight-tenths grains, shall be the unit of value ; a quarter-eagle, or two-and-a-half dollar piece ; a three-dollar piece ; a half -eagle, or five-dollar piece; an eagle, or ten-dollar piece; and a double eagle, or twenty-dollar piece . . . ; which coins shall be a legal tender in all payments at their nommal value when not below the standard weight and limit of tolerance provided in this act for the 566 RESUMPTION OF SPECIE PAYMENTS [Jan. 14 single piece, and, when reduced in weight, below said standard and tolerance, shall be a legal tender at valuation in proportion to their actual weight. . . . Sec 17. That the silver coins of the United States shall be a trade-dollar, a half-dollar, or fifty-cent piece, a quarter-dollar, or twenty-five-cent piece, a dime, or ten-cent piece ; . . . and said coins shall be a legal tender at their nominal value for any amount not exceeding five dollars in any one payment. Sec 16. That the minor coins of the United States shall be a five-cent piece, a three-cent piece, and a one-cent piece . . . ; which coins shall be a legal tender, at their nominal value, for any amount not exceeding twenty-five cents in any one payment. Sec 17. That no coins, either of gold, silver, or minor coinage, shall hereafter be issued from the mint other than those of the denominations, standards, and weights herein set forth. No. 175. Resumption of Specie Payments January 14, 1875 One result of the financial crisis which began in September, 1873, was the introduction, in the next session of Congress, of an extraordinary number of bills relating to banks and the currency. A bill providing for the redemption and reissue of United States notes, with gradual payment of the notes in coin or bonds after January 1, 1876, was reported in the Senate by Sherman March 23, 1874, and passed that body April 6 and the House April 14, but was vetoed by President Grant. A bill to provide for the resumption of specie payments, prepared in the first instance by a committee of the Republi can members of Congress, and submitted by them to the Senate Committee on Finance, was reported by Sherman December 21, and passed the Sen ate the next day by a vote of 32 to 14. The bill was taken up in the House January 7, 1875, and passed the same day, the vote being 136 to 98, 54 not voting. President Grant communicated his approval in a special mes sage to the Senate, in which further legislation to make the law effective was suggested. References. — Text in U.S. Statutes at Large, XVIII., 296. For the pro ceedings see the House and Senate Journals, 43d Cong., 2d Sess., and the Cong. Record. On resumption see Sherman, Recollections, I., chaps. 24- 26; II. , chaps. 30 and 36; annual reports of the Secretary of the Treasury (Sherman) for 1877-1879; House Misc. Doc. 48, 45th Cong., 2d Sess. 1875] RESUMPTION OF SPECIE PAYMENTS 567 An act to provide for the resumption of specie payments. Be it enacted . . . , That the Secretary of the Treasury is hereby authorized and required, as rapidly as practicable, to cause to be coined at the mints of the United States, silver coins of the denominations of ten, twenty-five, and fifty cents, of stand ard value, and to issue them in redemption of an equal number and amount of fractional currency of similar denominations, or, at his discretion, he may issue such silver coins through the mints, the subtreasuries, public depositaries, and post-offices of the United States; and, upon such issue, he is hereby authorized and required to redeem an equal amount of such fractional cur rency, until the whole amount of such fractional currency out standing shall be redeemed. Sec 2. That so much of section ... [3524] .. . of the Revised Statutes of the United States as provides for a charge of one-fifth of one per centum for converting standard gold bullion into coin is hereby repealed, and hereafter no charge shall be made for that service. Sec 3. That section ... [5177] ... of the Revised Statutes of the United States, limiting the aggregate amount of circulating- notes of national banking-associations, be, and is hereby, repealed; and each existing banking-association may increase its circulating- notes in accordance with existing law without respect to said aggregate limit; and new banking-associations may be organized in accordance with existing law without respect to said aggregate limit; and the provisions of law for the withdrawal and redis tribution of national-bank currency among the several States and Territories are hereby repealed. And whenever, and so often, as circulating-notes shall be issued to any such banking-associa tion, so increasing its capital or circulating-notes, or so newly organized as aforesaid, it shall be the duty of the Secretary of the Treasury to redeem the legal- tender United States notes in excess only of three hundred million of dollars, to the amount of eighty per centum of the sum of national-bank notes so issued to any such banking-association as aforesaid, and to continue such redemption as such circulating-notes are issued until there shall be outstanding the sum of three hundred million dollars of such legal-tender United States notes, and no more. And on 568 SECOND CIVIL RIGHTS ACT [March 1 and after . . . [January 1, 1879] . . . , the Secretary of the Treasury shall redeem, in coin, the United States legal-tender notes then outstanding on their presentation for redemption, at the office of the assistant treasurer of the United States in the city of New York,1 in sums of not less than fifty dollars. And to enable the Secretary of the Treasury to prepare and provide for the redemption in this act authorized or required, he is authorized to use any surplus revenues, from time to time, in the Treasury not otherwise appropriated, and to issue, sell, and dispose of, at not less than par, in coin, either of the descriptions of bonds of the United States described in the . . . [Funding Act of July 14, 1870] . . . , with like qualities, privileges, and exemptions, to the extent necessary to carry this act into full effect, and to use the proceeds thereof for the purposes aforesaid. . . . No. 176. Second Civil Rights Act March 1, 1875 An amendment offered by Sumner to the amnesty act of May 22, 1872 [No. 173], forbidding discrimination against negroes in certain public places and elsewhere, was lost by a vote of 29 to 30. A bill of similar purport was called up in the Senate December n, 1872, and passed over. Another bill passed the Senate April 30, 1873, but failed in the House. A third bill was introduced in the House December 18, by Butler of Massachusetts, from the Committee on the Judiciary, and January 7, 1874, was recommitted. A fourth civil rights bill passed the Senate May 22, but was not acted on by the House. A substitute for Butler's bill was reported December 16, and February 4, 1875, passed the House with amendments, the vote being 162 to 100, 27 not voting. The bill was reported in the Senate on the 15th without amendment, and passed the same day by a vote of 38 to 26. References. — Text in U.S. Statutes at Large, XVIII., 335-337. For the proceedings see the House and Senate Journals, 43d Cong., 2d Sess., and the Cong. Record. An act to protect all citizens in their civil and legal rights. Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and 1 An act of March 3, 1887, chap. 378, added San Francisco. — • Ed. 1875] SECOND CIVIL RIGHTS ACT 569 exact justice to all, of whatever nativity, race, color, or persuasion, religious or political ; and it being the appropriate object of legis lation to enact great fundamental principles into law: Therefore, Be it enacted . . . , That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude. Sec 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommo dations, advantages, facilities, or privileges in said section enu merated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs ; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dol lars, or shall be imprisoned not less than thirty days nor more than one year . . . Sec 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act . . . Sec 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servi tude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars. 570 ELECTORAL COUNT ACT [Jan. 29 No. 177. Electoral Count Act January 29, 1877 The result of the presidential election of 1876 turned on the counting of the electoral votes of South Carolina, Florida, Louisiana, and Oregon, from each of which States there were double rjturns. December 7, 1876, George W. McCrary of Iowa offered in the House a resolution for the appointment of a committee of five, to act with a similar committee of the Senate, with instruc tions to report a bill for the counting of the electoral vote. The Committee on the Judiciary, to which the resolution was referred, reported on the 14th a substitute increasing the number of members to seven, which resolution was agreed to. A similar committee of seven was appointed by the Senate on the 18th. A committee was also appointed in the Senate to investi gate the recent election, and in the House to inquire into the powers of the House in regard to counting the electoral vote. January 18 the joint com mittee reported a bill to regulate the electoral count. The bill passed the Senate without amendment on the 24th by a vote of 47 to 17, and the House on the 26th by a vote of 191 to 86, 14 not voting. The approval of President Grant was communicated in a special message. The count began February 1, and the result was announced in the early morning of March 2. The result of the count showed 1S5 votes for Hayes and Wheeler, the Republican candi dates, and 184 votes for Tilden and Hendricks, the Democratic candidates. References. — Text in U.S. Statutes at Large, XIX., 227-229. For the proceedings see the House and Senate Journals, 44th Cong., 2d Sess., and the Cong. Record. The report of the commission is in the Record, ibid., Vol. 5, Part IV.; it was also published separately. A large amount of documentary evidence was introduced in the debates. The other documentary literature is extensive. An act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing . . . [March 4, 1877]. Be it enacted . . . , That the Senate and House of Representa tives shall meet in the hall of the Hpuse of Representatives, at the hour of one o'clock post meridian, on the first Thursday in Feb ruary, [1877]; and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate, and two on the part of the House of Repre sentatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates, and papers purporting to be certificates, of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alpha- 1877] ELECTORAL COUNT ACT 571 betical order of the States, beginning with the letter A ; and said tellers having then read the same in the presence and hearing of the two houses, shall make a list of the votes as they shall appear from the said certificates ; and the votes having been ascertained and counted as in this act provided, the result of the same shall be delivered to the President ofthe Senate, who shall thereupon announce the state of the vote, and the names of the persons, if any, elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the two houses. Upon such reading of any such certificate or paper when there shall be only one return from a State, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision ; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State from which but one return has been received shall be rejected except by the affirmative vote of the two Houses. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the question submitted. Sec 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the Presi dent of the Senate, purporting to be the certificates of electoral votes given at the last preceding election for President and Vice- President in such State, (unless they shall be duplicates of the same return,) all such returns and papers shall be opened by him in the presence of the two Houses when met as aforesaid, and read by the tellers, and all such returns and papers shall thereupon be submitted to the judgment and decision as to which is the true and lawful electoral vote of such State, of a commission consti tuted as follows, namely: During the session of each House on 572 ELECTORAL COUNT ACT [Jan. 29 the Tuesday next preceding the first Thursday in February . . [1877] . . . , each House shall, by viva voce vote, appoint five of its members, who with the five associate justices of the Supreme Court of the United States, to be ascertained as hereinafter pro vided, shall constitute a commission for the decision of all questions upon or in respect of such double returns named in this section. On the Tuesday next preceding the first Thursday in February . . . [1877] . . . , or as soon thereafter as may be, the associate justices of the Supreme Court of the United States now assigned to the first, third, eighth, and ninth circuits shall select, in such manner as a majority of them shall deem fit, another of the as sociate justices of said court, which five persons shall be members of said commission ; and the person longest in commission of said five justices shall be the president of said commission. . . . All the certificates and papers purporting to be certificates of the electoral votes of each State shall be opened, in the alphabetical order of the States, as provided in section one of this act; and when there shall be more than one such certificate or paper, as the certificates and papers from such State shall so be opened, (excepting duplicates of the same return,) they shall be read by the tellers, and thereupon the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same shall be received. When all such objections so made to any certificate, vote, or paper from a State shall have been received and read, all such certificates, votes, and papers so objected to, and all papers accompanying the same, together with such ob jections, shall be forthwith submitted to said commission, which shall proceed to consider the same, with the same powers, if any, now possessed for that purpose by the two Houses acting separately or together, and, by a majority of votes, decide whether any and what votes from such State are the votes provided for by the Con stitution of the United States, and how many and what persons were duly appointed electors in such State, and may therein take into view such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be competent and pertinent in such consideration; which decision shall be 1877] COINAGE OF STANDARD SILVER DOLLAR 573 made in writing, stating briefly the ground thereof, and signed by the members of said commission agreeing therein ; whereupon the two houses shall again meet, and such decision shall be read and entered in the journal of each House, and the counting of the votes shall proceed in conformity therewith, unless, upon objection made thereto in writing by at least five Senators and five members of the House of Representatives, the two Houses shall separately concur in ordering otherwise, in which case such concurrent order shall govern. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. ******** Sec 6. That nothing in this act shall be held to impair or affect any right now existing under the Constitution and laws to question, by proceeding in the judicial courts of the United States, the right or title of the person who shall be declared elected, or who shall claim to be President or Vice-President of the United States, if any such right exists. ******** No. 178. Coinage of the Standard Silver Dollar February 28, 1878 The coinage act of February 12, 1873 [No. 174], omitted the silver dol lar from the list of pieces thereafter to be coined, but retained the trade dol lar. A bill to provide for the free and unlimited coinage of silver dollars was introduced in the House December 13, 1876, by Richard P. Bland of Mis souri, as a. substitute for a bill "to utilize the products of gold and silver mines," introduced June 3. The bill passed the House the same day by a vote of 167 to 53, 69 not voting. In the Senate the bill was referred to the Committee on Finance, which reported it January 16, 1877, without recom mendation, pending the report of the silver commission. November 5, by a vote of 164 to 34, 92 not voting, the rules were suspended to allow Bland to introduce and the House to pass a free coinage bill.1 The bill was taken up 1 "The previous question being ordered and the rules suspended, a single vote would introduce the bill without a reference to a committee, and would pass it 574 COINAGE OF STANDARD SILVER DOLLAR [Feb. 28 in the Senate January 28 and debated until February 15. The Senate added sections 2 and 3 of the act, the provisos of section 1, and, on motion of Wil liam B. Allison of Iowa, the limitation on the amount of coinage, the vote on the latter amendment being 49 to 22. The final vote in the Senate was 48 to 21, 7 not voting. February 21 the House concurred in the Senate amend ments. On the 28th the bill was vetoed by President Hayes, but was passed over the veto, in the House by a vote of 196 to 73, 23 not voting; in the Senate by a vote of 46 to 19, 11 not voting. The coinage provision of the act was repealed by section 5 of the act of July 14, 1890 [No. 182, post]. References. — Text in U.S. Statutes at Large, XX., 25, 26. For the proceedings see the House and Senate Journals, 45th Cong., 2d Sess., and the Cong. Record. See House Misc. Doc. 27; Senate Exec. Doc. 3, 50th Cong., 2d Sess.; Sherman, Recollections, II. , chaps. 31 and 32, and annual report as Secretary of the Treasury, December, 1877. An act to authorize the coinage of the standard silver dollar, and to restore its legal-tender character. Be it enacted . . . , That there shall be coined, at the several mints of the United States, silver dollars of the weight of four hundred and twelve and a half grains Troy of standard silver, as provided in the act of . . . [January 18, 1837] . . . , on which shall be the devices and superscriptions provided by said act; which coins together with all silver dollars heretofore coined by the United States, of like weight and fineness, shall be a legal tender, at their nominal value, for all debts and dues public and private, except where otherwise expressly stipulated in the contract. And the Secretary of the Treasury is authorized and directed to purchase, from time to time, silver bullion, at the market price thereof, not less than two million dollars worth per month, nor more than four million dollars worth per month, and cause the same to be coined monthly, as fast as so purchased, into such dollars. . . . And any gain or seigniorage arising from this coinage shall be accounted for and paid into the Treasury, as provided under existing laws relative to the subsidiary coinage: Provided, That the amount of money at any one time invested in such silver bullion, exclusive of such resulting coin, shall not exceed five million dollars. . . . Sec 2. That immediately after the passage of this act, the Presi dent shall invite the governments of the countries composing the without any power of amendment, without the usual reading at three separate times." (Sherman, Recollections, II. , 603.) 1878] CIVIL SERVICE ACT 575 Latin Union, so-called, and of such other European nations as he may deem advisable, to. join the United States in a conference to adopt a common ratio between gold and silver, for the purpose of establishing, internationally, the use of bi-metallic money, and securing fixity of relative value between those metals; such con ference to be held at such place, in Europe or in the United States, at such time within six months, as may be mutually agreed upon by the executives of the governments joining in the same, whenever the governments so invited, or any three of them, shall have signi fied their willingness to unite in the same. The President shall, by and with the advice and consent of the Senate, appoint three commissioners, who shall attend such con ference on behalf of the United States, artd shall report the doings thereof to the President, who shall transmit the same to Congress. Sec 3. That any holder of the coin authorized by this act may deposit the same with the Treasurer or any assistant treasurer of the United States, in sums not less than ten dollars, and receive therefor certificates of not less than ten dollars each, corresponding with the denominations of the United States notes. The coin de posited for or representing the certificates shall be retained in the Treasury for the payment of the same on demand. Said certifi cates shall be receivable for customs, taxes, and all public dues, and, when so received, may be reissued. ******** No. 179. Civil Service Act January 16, 1883 In his annual message of December 5, 1870, President Grant urged the attention of Congress to " a reform in the civil service of the country." In accordance with this recommendation, the sundry civil appropriation act of March 3, 1871, authorized the President to prescribe regulations for admis sion to the civil service. A civil service commission was appointed, and for two years appropriations were made for its support. The continuance of the appropriations was urged by Grant, and again by President Hayes in his an nual messages of 1879 and 1880, but without inducing congressional action. The assassination of President Garfield called public attention forcibly to the 576 CIVIL SERVICE ACT [Jan. 16 evils of the existing system of appointment and removal, and the annual mes sage of President Arthur, December 6, 1881, brought the subject of civil service reform strongly before Congress. A bill "to regulate and improve the civil service" was introduced in the Senate December 6, 1 881, by George H. Pendleton of Ohio, and on January 11, 1882, was referred, together with a bill "to prevent extortion from persons in the public service, and bribery and coercion by such persons," to the Committee on the Civil Service and Retrenchment. The bill was reported with amendments March 29, the com mittee report to accompany it not being submitted until May 15. The session closed without further action. The Pendleton bill was taken up December 11 and formed the principal subject of debate until the 27th, when, with various amendments, it passed the Senate by a vote of 38 to 5, 33 not voting. The bill was reported in the House without amendment Jan uary 4, 1883, read three times and passed, the final vote being 155 to 46, 88 not voting. References. — Text in U.S. Statutes at Large, XXII., 403-407. For the proceedings see the House and Senate Journals, 47th Cong., ist and 2d Sess., and the Cong. Record. Pendleton's report of May 15 in Senate Report 576. The annual reports of the Civil Service Commission are the primary authori ties on the operation of the act ; see also the Proceedings of the National Civil Service Reform League. The pamphlet and periodical literature is extensive. On the earlier history of the movement see House Report 47, 40th Cong., 2d Sess. (Jenckes's report); Senate Exec. Doc. 10, 42d Cong., 2d Sess., and Senate Exec. Doc. 53 (same in House Exec. Doc. 221), 43d Cong., ist Sess. (commission reports) ; Senate Report 289, 44th Cong., ist Sess. (Boutwell's report); House Exec. Doc. 1, Part 1, 46th Cong., 2d Sess. (Eaton's report); House Exec. Doc. 1, Part 8, ibid., and House Exec. Doc. 94, 46th Con^'., 3d Sess. (New York regulations); Senate Report 872, 46th Cong., 3d Sess. (Pendleton's report). See also Senate Report 2373, 50th Cong., ist Sess. An act to regulate and improve the civil service of the United States. Be it enacted . . . , That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States. ******** Sec 2. That it shall be the duty of said commissioners: First. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any 1883] CIVIL SERVICE ACT 577 such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect. Second. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows : First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classi fied hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed. Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations. Third, appointments to the public service aforesaid in the de partments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. . . . Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid. Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so. Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body. Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commis sioners as to the manner of giving notice. Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and re- 578 CIVIL SERVICE ACT [Jan. 16 movals, and of the date thereof, and a record of the same shall be kept by said commission. . . . Third. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same . . . Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforce ment and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act. Fifth. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Sec 3. That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. . . . The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and Select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners. . . . Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them ; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such ex aminations, and in all proper ways to facilitate the same. 'P f •(• S|! !(• SfS JfS ^ 1883] CIVIL SERVICE ACT 579 Sec 6. That within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near con formity as may be to the classification of certain clerks now exist ing under . . . [Section 163] ... of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each customs district where the whole number of said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President. Second. Within said sixty days it shall be the duty of the Post master-General, in general conformity to said . . [Section 163] . . . , to separately arrange in classes the several clerks and persons employed, or in the public service, at each post-office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster-General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post-office; and every such arrangement and classification upon being made shall be reported to the President. Third. That from time to time said Secretary, the Postmaster- General, and each of the heads of departments mentioned in . . . [Section 158] ... of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective depart ments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public 580 CIVIL SERVICE ACT [Jan. 16 service pertaining to their respective departments not before classi fied for examination. Sec 7. That after the expiration of six months from the pas sage of this act no officer or clerk shall be appointed, and no per son shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pur suant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by . . . [Section 1754] . . .of the Revised Statutes, nor to take from the President any authority not inconsistent with this act conferred by . . . [Section 1753] ... of said statutes; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classi fied or to pass an examination. Sec 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appoint ment, or employment to which the provisions of this act are applicable. Sec 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. Sec io. That no recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or member of the House of Repre sentatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act. Sec ii. That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Dele gate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service of 1883] INTERSTATE COMMERCE ACT 581 the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sec 12. That no person shall, in any room or building occu pied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any con tribution of money or any other thing t)f value for any political purpose whatever. ******** No. 180. Interstate Commerce Act February 4, 1887 A bill to regulate interstate commerce was reported in the Senate Janu ary 18, 1886, by Shelby M. Cullom of Illinois, from the select committee appointed "to investigate and report on the subject of regulating the trans portation of freights and passengers between the several States by railroads and water routes." Accompanying the bill was a voluminous report. The bill was recommitted, and a substitute reported February 16. The bill was taken up April 14, and formed one of the principal subjects of debate until May 12, when, with numerous amendments, the bill passed, the final vote being 47 to 4, 25 not voting. A substitute was reported in the House May 22. The bill was taken up July 21, and on the 30th the amended substitute passed the House by a vote of 192 to 41, 89 not voting. The session closed without further action beyond the appointment of a conference committee. The report of the committee was submitted December 15, and was accepted by the Senate January 14, 1887, by a vote of 43 to 15, and by the House January 21, by a vote of 219 to 41, 58 not voting. Extensive amendments to the act were made by an act of March 2, 1889. The scope of the commission, and its authority to compel testimony, were further de fined by an act of February 10, 1891. An act of February n, 1893, provided that no person should be excused from testifying before the commission, or from producing papers, etc., on the ground that such evidence would tend to incriminate him; but such witnesses were exempted from prosecution or penalty on account of acts concerning which they were required to give evidence. 582 INTERSTATE COMMERCE ACT [Feb. 4 References. — Text in U.S. Statutes at Large, XXIV., 379-387. For the proceedings see the House and Senate Journals, 49th Cong., ist and 2d Sess., and the Cong. Record. The text of the House bill is in the Record, July 30. Cullom's report of January 18, 1886, is Senate Report 46, 49th Cong., ist Sess. The annual reports of the Interstate Commerce Commission, and the debates in Congress on the amendatory acts, are the principal authorities for the workings of the statute. For decisions under the act to 1904 see Gould and Tucker, Notes on the Revised Statutes, II. , 618-621; IIL, 704-706. An act to regulate commerce. Be it enacted . . . , That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or ship ment, from one State or Territory of the United States, or the Dis trict of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in Hke manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country : Provided, however, That the provisions of this act shall not apply to the transporta tion of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease ; and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or 1887] INTERSTATE COMMERCE ACT 583 handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. Sec 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under sub stantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. Sec 3. That it shall be unlawful for any common carrier sub ject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular descrip tion of traffic, in any respect whatsoever, or to subject any particu lar person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever'. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and de livering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Sec 4. That it shall be unlawful for any common carrier sub ject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of hke kind of property, under substantially similar circum stances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being in- 584 INTERSTATE COMMERCE ACT [Feb. 4 eluded within the longer distance ; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance : Provided, however, That upon application to the Commission appointed under the provisions of this act, such com mon carrier may, in special cases, after investigation by the Com mission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. Sec 5. That it shall be unlawful for any common carrier sub ject to the provisions of this act to enter into any contract, agree ment, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense. Sec 6. That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, . . . and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected. No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this sec- 1887] INTERSTATE COMMERCE ACT 585 tion, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. . . . Reductions in such published rates, fares, or charges may be made without previous public notice ; but when ever any such reduction is made, notice of the same shall imme diately be publicly posted. . . . And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the pro visions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force. Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and pubhshed in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. . . . Sec 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination ; and no break of bulk, stop page, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one con- 586 INTERSTATE COMMERCE ACT [Feb. 4 tinuous carriage from the place of shipment to the place of desti nation, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act. Sec 8. That in case any common carrier subject to the pro visions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. Sec 9. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction ... In any such action brought for the recovery of damages the court before which the same shall be pending may compel any director, officer, re ceiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may com pel the production of the books and papers of such corporation or company party to any such suit ; the claim that any such testi mony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Sec io. That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or 1887] INTERSTATE COMMERCE ACT 587 declared to be unlawful, or who shall aid or abet therein, or who shall willfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be done so, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed five thousand dollars for each offense. Sec ii. That a Commission is hereby created and established to be known as the Inter-State Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioners first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respec tively, from . . . [January 1, 1887] . . . , the term of each to be designated by the President; but their successors shall be appointed for terms of six years. . . . Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the Commissioners shall be ap pointed from the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remain ing Commissioners to exercise all the powers of the Commission. Sec 12. That the Commission hereby created shall have author ity to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is con ducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and for the purposes of this act the Com mission shall have power to require the attendance and testimony 588 INTERSTATE COMMERCE ACT [Feb. 4 of witnesses and the production of all books, papers, tariffs, con tracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. Sec 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the pro visions of this act in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commis sion. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said car rier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. Said Commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. . . . Sec 15. That if in any case in which an investigation shall be made by said Commission it shall be made to appear to the satis faction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or of any law cog nizable by said Commission, by any common carrier, or that any 18S7] INTERSTATE COMMERCE ACT 589 injury or damage has been sustained by the party or parties com plaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reason able time, to be specified by the Commission; and if, within the time specified, it shall be made to appear to the Commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the Commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said com mon carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. Sec 16. That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate or refuse or neg lect to obey any lawful order or requirement of the Commission in this act named, it shall be the duty of the Commission, and lawful for any company or person interested in such order or re quirement, to apply, in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or require ment shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable . . . When the subject in dispute shall be of the value of two thousand dollars or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States. . . . ******** Sec 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount 590 INTERSTATE COMMERCE ACT [Feb. 4 of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of em ployees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other ex penses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such infor mation in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commission may require; and the said Commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the Commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. Sec 22. That nothing in this act shall apply to the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets : nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of reli gion ; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or com panies from exchanging passes or tickets with other railroad com panies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act. *P T» 5p 5j* 5p Jp #p rfc 1887] ANTI-TRUST ACT 59 1 No. 181. Anti-Trust Act July 2, 1890 Several bills for the regulation of trusts came before Congress during the session of 1888-1889, but none got beyond the stage of discussion. A bill "to declare unlawful trusts and combinations in restraint of trade and pro duction" was introduced in the Senate December 4, 1889, by Sherman, and referred to the Committee on Finance, which reported it with amendments January 14, 1890. The bill was taken up February 27 and debated until March 27, when it was referred to the Committee on the Judiciary with in structions to report within twenty days. A substitute was reported April 2, and on the 8th passed the Senate with amendments. The House amended the bill so as to make unlawful "every contract or agreement entered into for the purpose of preventing competition in the sale or purchase of a com modity transported from one State to be sold in another." The Senate added further amendments, to which the House disagreed, and the bill went to a conference committee, which recommended that each house recede from its amendments. The acceptance of the report resulted in the passage of the Senate bill. References. — Text in U.S. Statutes at Large, XXVI., 209, 210. For the proceedings see the House and Senate Journals, 51st Cong., ist Sess., and the Cong. Record. The text of Sherman's original bill is in the Record, Feb ruary 27. The report of the House Committee on the Judiciary, April 25, is House Report 1707 ; for an earlier report on the investigation of trusts see House Report 3112, 50th Cong., ist Sess. For decisions under the act to 1904 see Gould and Tucker, Notes on the Revised Statutes, IL, 622, 623; IIL, 710-712. An act to protect trade and commerce against unlawful restraints and monopolies. Be it enacted . . . , Sec 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby de clared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. Sec 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or 592 ANTI-TRUST ACT [July 2 persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shaU be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. Sec 3. Every contract, combination in form of trust or other wise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discre tion of the court. Sec 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attor neys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. . . . Sec 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the sub ject thereof) mentioned in section one of this act, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. Sec 7. Any person who shall be injured in his business or property by any other person or corporation by reason of any thing forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States iji the district 1890] SILVER PURCHASE ACT 593 in which the defendant resides or is found, without respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec 8. That the word "person," or "persons," wherever used in this act shall be deemed to include corporations and associa tions existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. No. 182. Silver Purchase Act July 14, 1890 In his annual message of December 3, 1889, President Harrison called attention to the decline in the market price of silver, and expressed fear of the effect of a further decline on the value of gold and silver dollars in com mercial transactions. The accompanying report of the Secretary of the Treasury proposed the issue of treasury notes "against deposits of silver bullion at the market price of silver when deposited, payable on demand in such quantities of silver bullion as will equal in value, at the date of presenta tion, the number of dollars expressed on the face of the notes at the market price of silver, or in gold, at the option of the Government, or in silver dollars at the option of the holder"; together with "the repeal of the compulsory feature of the present coinage act." A bill authorizing the issue of treasury notes on deposits of silver bullion was introduced in the House January 20, 1890, by E. H. Conger of Iowa, and referred to the Committee on Coinage, Weights, and Measures. The bill was reported April 9. Another bill direct ing the purchase of silver bullion and the issue of treasury notes thereon was introduced by Conger April 24, and referred; June 5 an amended form of this bill was substituted for the bill already before the House, and the bill passed, the vote being 135 to 119, 73 not voting. In the meantime a bill prepared by the Secretary of the Treasury, in accordance with the recom mendations of his annual report, had been introduced in the Senate January 20, by Morrill of Vermont, by request, had been taken up March'31, and was under consideration when the House bill was received. June 13 the House bill was substituted for the bill before the Senate. On the 17th a free coin age amendment, offered by Plumb of Kansas, was agreed to by a vote of 43 to 24, and the amended bill passed, the final vote being 42 to 25, 17 not voting. The House disagreed to the Senate amendments, and a conference commit tee settled the final form of the bill. The report of the committee was agreed to by the Senate July 10, by a vote of 39 to 26, and by the House July 12, by a vote of 122 to 90, 116 not voting. So much of the act as provided for the 2Q 594 SILVER PURCHASE ACT [July 14 purchase of silver bullion and the issue of notes thereon was repealed by the act of November 1, 1893 [No. 183]. References. — ¦ Text in U.S. Statutes at Large, XXVI., 289, 290. For the proceedings see the House and Senate Journals, 51st Cong., ist Sess., and the Cong. Record. The texts of the bills of April 24 and June 5 are in the Rec ord, June 7, House proceedings. On Conger's bill of January 29 see House Report 1086. On the amount of coinage under the act see Senate Doc. 163, 55th Cong., 2d Sess. An act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other purposes. Be it enacted . . . , That the Secretary of the Treasury is hereby directed to purchase, from time to time, silver bullion to the aggregate amount of four million five hundred thousand ounces, or so much thereof as may be offered in each month, at the market price thereof, not exceeding one dollar for three hundred and seventy-one and twenty-five hundredths grains of pure silver, and to issue in payment for such purchases of silver bullion Treasury notes of the United States to be prepared by the Secretary of the Treasury, in such form and of such denominations, not less than one dollar nor more than one thousand dollars, as he may prescribe. . . . Sec 2. That the Treasury notes issued in accordance with the provisions of this act shall be redeemable on demand, in coin, at the Treasury of the United States, or at the office of any assistant treasurer of the United States, and when so redeemed may be reissued; but no greater or less amount of such notes shall be outstanding at any time than the cost of the silver bullion and the standard silver dollars coined therefrom, then held in the Treasury purchased by such notes ; and such Treasury notes shall be a legal tender in payment of all debts, public and private, except where otherwise expressly stipulated in the contract, and shall be receivable for customs, taxes, and all public dues, and when so received may be reissued; and such notes, when held by any national banking association, may be counted as a part of its lawful reserve. That upon demand of the holder of any of the Treasury notes herein provided for the Secretary of the Treasury shall, under such regulations as he may prescribe, redeem such notes in gold or silver coin, at his discretion, it being the established policy of the United States to maintain the two metals ^oo] REPEAL OF SILVER PURCHASE ACT 595 on a parity with each other upon the present legal ratio, or such ratio as may be provided by law. Sec 3. That the Secretary of the Treasury shall each month coin two million ounces of the silver bullion purchased under the provisions of this act into standard silver dollars until . . . [July 1, 1891] . . . , and after that time he shall coin of the silver bullion purchased under the provisions of this act as much as may be necessary to provide for the redemption of the Treasury notes herein provided for, and any gain or seigniorage arising from such coinage shall be accounted for and paid into the Treasury. Sec 5. That so much of the act of'. . . [February 28, 1878] . . . , entitled "An act to authorize the coinage of the standard silver dollar and to restore its legal-tender character," as requires the monthly purchase and coinage of the same into silver dollars of not less than two million dollars, nor more than four million dollars' worth of silver bullion, is hereby repealed. SgC *|> !p 5|* 5(» 5J» 3p *|* No. 183. Repeal of the Silver Purchase Act of 1890 November 1, 1893 A bill to repeal the silver purchase act of July 14, 1890 [No. 182], was introduced in the House August n, 1893, by William L. Wilson of West Virginia. A free coinage substitute was offered by Bland of Missouri. On motion of Bland it was agreed that the debate should continue for fourteen days, eleven days to be allotted to general debate under the rules of the last House, and the last three days to the consideration of the bill and amend ments under the five-minute rule; that upon the close of the debate, votes should be taken in the following order: on free coinage of sih'er at the pres ent ratio, then at the ratio of 17 to 1, then at the ratio of 18 to 1, then at the ratio of 19 to 1, and finally at the ratio of 20 to 1 ; and that in the event of these several votes resulting in the negative, the House should vote on an amendment to revive the so-called Bland-Allison act of February 28, 1878 [No. 178]. The bill was then taken up, and formed the principal subject of debate until August 28. The disastrous panic, due in part to the anxiety caused by the shrinkage of the gold reserve notwithstanding the rapid increase in the volume of silver certificates, made the debate one of extraordinary public 596 REPEAL OF SILVER PURCHASE ACT [Nov. * interest, while the advocates of silver carried on a vigorous agitation for free coinage in the event of a repeal of the compulsory purchase clause of the act of 1890. The votes taken August 28 resulted as follows: on the free coin age substitute, 125 to 226; on free coinage at the ratio of 17 to 1, 101 to 241; at 18 to 1, 103 to 240; at 19 to 1, 104 to 238; at 20 to 1, 122 to 222; on reviving the Bland-Allison act, 136 to 213. The bill was then read a third time and passed, the vote being 239 to 109, 5 not voting. The Senate had under consideration a bill to the same effect as the House bill, so far as repeal ing the purchase clause of the act of 1890 was concerned; August 29 this was reported by the Committee on Finance as a. substitute for the House bill. The bill was not considered until October 30, when the substitute was agreed to and the bill passed, the final vote being 43 to 32. November 1, by a vote of 194 to 94, 65 not voting, the House concurred in the Senate amendment. A bill to "coin the seigniorage" was vetoed by President Cleveland May 27, 1894. References. — Text in U . S. Statutes at Large, XXVIII., 4, 5. For the proceedings see the House and Senate Journals, 53d Cong., ist Sess., and the Cong. Record. Practically every aspect of the silver question was touched on in the debate. An Act to repeal a part of . . . [the Silver Purchase Act of July 14, 1890]. Be it enacted . . . , That so much of the . . . [Silver Purchase Act of July 14, 1890] . . . , as directs the Secretary of the Treasury to purchase from time to time silver bullion to the aggregate amount of four million five hundred thousand ounces, or so much thereof as may be offered in each month at the market price thereof, not exceeding one dollar for three hundred and seventy- one and twenty-five one-hundredths grains of pure silver, and to issue in payment for such purchases Treasury notes of the United States, be, and the same is hereby, repealed. And it is hereby declared to be the policy of the United States to continue the use of both gold and silver as standard money, and to coin both gold and silver into money of equal intrinsic and exchangeable value, such equality to be secured through international agree ment, or by such safeguards of legislation as will insure the main tenance of the parity in value of the coins of the two metals, and the equal power of every dollar at all times in the markets and in the payment of debts. And it is hereby further declared that the efforts of the Government should be steadily directed to the estab lishment of such a safe system of bimetallism as will maintain at all times the equal power of every dollar coined or issued by the United States, in the markets and in the payment of debts. 1893] INDEPENDENCE OF CUBA 597 No. 184. Recognition of the Independence of Cuba April 20, 1898 In his annual message of December 6, 1897, President McKinley reviewed the course of the insurrection which had been in progress in Cuba since February, 1895, but opposed the recognition of Cuban belligerency. A reso lution recognizing the independence of Cuba, being the same as the resolu tion finally adopted, but without the fourth section, was reported in the Senate April 13, 1898, by Cushman K. Davis of Minnesota, from the Com mittee on Foreign Relations. An amendment offered on the 16th by David Turpie of Indiana, recognizing the Republic of Cuba "as the true and law ful government of that island," was agreed to by a vote of 51 to 37 ; and, with the further addition of the fourth section, offered as an amendment by Davis, the resolution passed. A resolution directing the President to intervene to put an end to the war in Cuba "to the end and with the purpose of securing permanent peace and order there and establishing by the free action of the people thereof a stable and independent government of their own," was re ported in the House April 13, by Robert Adams of Pennsylvania, from the Committee on Foreign Affairs, as a substitute for numerous bills and resolu tions previously submitted. A substitute recognizing the independence of the Republic of Cuba, offered by Albert S. Berry of Kentucky on behalf of the minority of the committee, was rejected by a vote of 150 to 190, and the reso lution was agreed to, the final vote being 324 to 19. In the Senate, April 16, the House resolution was substituted for the resolution already before the Senate, and then amended by striking out the words of the House resolution and inserting the resolution of the Senate. On the 18th the House concurred with an amendment, offered by Nelson Dingley of Maine, striking out the clause recognizing the Republic of Cuba, the vote being 178 to 156. The Senate refusing to concur in the House amendment, the resolution went to a conference committee, which reported inability to agree, and a second com mittee settled the final form of the resolution. The report of the second committee was agreed to in the House by a, vote of 311 to 6, and in the Senate by a vote of 42 to 35. References. — Text in U S. Statutes at Large, XXX., 738, 739. For the proceedings see the House and Senate Journals, 55th Cong., 2d Sess., and the Cong. Record. See also Senate Report 885 ; Senate Doc. 166 and Senate Re port 1160, 54th Cong., 2d Sess.; and the various messages of the President. A large amount of documentary matter was printed in the Record in the course of the debate. Joint Resolution foi the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the Island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the 598 DECLARATION OF WAR [April 25 United States to use the land and naval forces of the United States to carry these resolutions into effect. Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with two hundred and sixty-six of its officers and crew, while on a friendly visit in the harbor of Havana, and can not longer be endured, as has been set forth by the President of the United States in his message to Congress of April eleventh, eighteen hundred and ninety-eight, upon which the action of Congress was invited: Therefore, Resolved . , First. That the people of the Island of Cuba are, and of right ought to be, free and independent. Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters. Third. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual ser vice of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect. Fourth. That the United States hereby disclaims any disposi tion or intention to exercise sovereignty, jurisdiction, or control over said Island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the govern ment and control of the Island to its people. No. 185. Declaration of War April 25, i8g8 The destruction of the battleship Maine in the harbor of Havana, on the night of February 15, 1898, was followed, March 9, by the appropriation of $50,000,000 for the national defence. An account of the Maine affair, together with the findings of the court of inquiry, was laid before Congress DECLARATION OF WAR 599 by President McKinley in his message of March 28. April 11 the President asked for authority to intervene and end the war in Cuba. On the 22d a blockade of the north coast of Cuba, and of Cienfuegos on the south coast, was proclaimed, and on the next day 125,000 volunteers were called for under authority of the joint resolution of April 20 [No. 184]. On the 25th the President announced the withdrawal of the Spanish minister, and recom mended a declaration of war. A joint resolution was at once introduced in the House by Adams of Pennsylvania, from the Committee on Foreign Affairs, and passed both houses the same day without divisions. A proclama tion regarding neutrals was issued April 26. May 25 a call for 75,000 addi tional volunteers was issued. By a proclamation of June 27, the blockade was extended to the whole of the south coast of Cuba, and to San Juan, Porto Rico. Acts of July 8, 1898, and March 3, 1899, provided for the reimburse ment to States of the expenses incurred by them on account of the war. References. — Text in U. S. Statutes at Large, XXX., 364. For the pro ceedings see the House and Senate Journals, 55th Cong., 2d Sess., and the Cong. Record. There was no debate in the House, and the discussion in the Senate was with closed doors. For the correspondence with Spain see the Foreign Relations, 1897 and 1898. The report of the Maine court of inquiry is Senate Doc. 207, 55th Cong., 2d Sess.; the report on the investigation of the War Department, Senate Doc. 221, 56th Cong., ist Sess.; the "beef" in quiry, Senate Doc. 270, ibid. See also Notes on the Spanish- American War, Senate Doc. 288, ibid. An Act declaring that war exists between the United States of America and the Kingdom of Spain. Be it enacted . . . , First. That war be, and the same is hereby, declared to exist, and that war has existed since . . [April 21, 1898] . . . , including said day, between the United States of America and the Kingdom of Spain. Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual ser vice of the United States the militia of the several States, to such extent as may be necessary to carry this Act into effect. 600 ANNEXATION OF THE HAWAIIAN ISLANDS [July 7 No. 186. Annexation of the Hawaiian Islands July 7, 1898 In January, 1893, Queen Liliuokalani of the Hawaiian Islands was forced to abdicate, and a provisional government was proclaimed, followed in July, 1894, by the establishment of a republic. The constitution of the republic expressly authorized a treaty of "political or commercial union" with the United States. A treaty of annexation, concluded in 1893, was withdrawn by President Cleveland. A second treaty was signed June 16, 1897, and ratified by the Senate of Hawaii. On the outbreak of the war with Spain the United States assumed to use the islands as a naval base. May 4, 1898, while the treaty of annexation was pending, Francis G. Newlands of Nevada introduced a joint resolution for annexation, the resolution being one of several similar propositions which had been submitted to Congress. The terms proposed by the resolution were substantially the same as those embodied in the pending treaty. The resolution was reported without amendment May 17, but was not taken up until June 11. On the 15th a substitute declaring against the acquisition of the islands by any foreign power, and guaranteeing their inde pendence, was rejected by a vote of 96 to 204, and the resolution passed, the final vote being 209 to 91. The resolution was reported in the Senate June 17 without amendment, taken up on the 20th, and debated until July 6, when, by a vote of 42 to 21, it was agreed to. The formal transfer of the islands took place August 12. An act of April 30, 1900, provided a territo rial form of government. References. — Text in U. S. Statutes at Large, XXX., 750, 751. For the proceedings see the House and Senate Journals, 55th Cong., 2d Sess., and the Cong. Record. See also Senate Report 681 and House Report 1355. The re port of the Hawaiian commission is Senate Doc. 16, 55th Cong., 3d Sess. On the earlier relations with Hawaii see Senate Report 227 and House Exec. Doc. 47, 53d Cong., 2d Sess. Joint Resolution To provide for annexing the Hawaiian Islands to the United States. Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and own ership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public 1898] ANNEXATION OF THE HAWAIIAN ISLANDS 601 property of every kind and description belonging to the Govern ment of the Hawaiian Islands, together with every right and ap purtenance thereunto appertaining : Therefore, Resolved . . . , That said cession is accepted, ratified, and con firmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America. The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition : Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local gov ernment, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. The existing treaties of the Hawaiian Islands with foreign na tions shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. The municipal leg islation of the Hawaiian Islands, not enacted for the fulfillment of- the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged. 602 TREATY OF PARIS [Dec. io The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States ; but the liability of the United States in this regard shaU in no case exceed four million dollars. So long, however, as the existing Govern ment and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided said Government shall continue to pay the interest on said debt. There shaU be no further immigration of Chinese into the Ha waiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be aUowed to enter the United States from the Hawaiian Islands. The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. ' Sec 2. That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate. No. 187. Treaty of Paris December 10, 1898 Overtures for peace between the United States and Spain were begun July 26, 1898, through Jules Cambon, the French ambassador, resulting, August 12, in the signing of a protocol and the suspension of hostilities. Commissioners on the part of the United States were named August 26, Senator George Gray of Delaware being appointed, September 9, in place of Justice Edward D. White, who declined to serve. The commissioners of the two countries met at Paris October 1, and December 10 concluded a treaty of peace. The Senate ratified the treaty February 6, 1899, and April 11 the treaty was proclaimed. The appropriation of $20,000,000 called for by Article III was made March 2. References. — Text in U. S. Statutes at Large, XXX., 1754-1762. For the protocols and other documents see Senate Doc. 62, 55th Cong., 3d Sess. 1898] TREATY OF PARIS 603 Article I. Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be oc cupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupa tion, for the protection of life and property. Article II. Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones. Article III. Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line : A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (40 45') north latitude, thence along the parallel of four degrees and forty five minutes (40 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (1190 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen de grees and thirty five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40') north, thence along the parallel of latitude seven degrees and forty minutes (70 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Green wich, thence by a direct line to the intersection of the tenth (10th) 604 TREATY OF PARIS [Dec. io degree parallel of north latitude with the one hundred and eigh teenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty. Article IV. The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. Article V. The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them. Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Com missioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provi sions are completely executed. Article VI. Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for politi cal offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States. Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines. 1898] TREATY OF PARIS 605 The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, accord ing to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article. Article VII. The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Gov ernment, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war. The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article. Article VIII. In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain. And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of prov inces, municipalities, public or private establishments, ecclesias tical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories re nounced or ceded, or of private individuals, of whatsoever nation ality such individuals may be. The aforesaid relinquishment or session, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Penin sula. Where any document in such archives only in part relates 606 TREATY OF PARIS [Dec. io to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to. In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authori ties possess in respect of the official archives and records, execu tive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabit ants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the con tracts, wills and other instruments forming part of notarial proto cols or files, or which may be contained in the executive or judi cial archives, be the latter in Spain or in the islands aforesaid. Article IX. Spanish subjects, natives of the Peninsula, residing in the terri tory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove there from, retaining in either event all their rights of property, includ ing the right to sell or dispose of such property or of its proceeds ; and they shall also have the right to carry on their industry, com merce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside. The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be deter mined by the Congress. Article X. The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion. 1898] TREATY OF PARIS 607 Article XI. The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong. Article XII. , Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relin quishes or cedes her sovereignty shall be determined according to the following rules: 1. Judgments rendered either in civil suits between private individuals, or in Criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out. 2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor. 3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose. Article XIII. The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba, and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not 608 TREATY OF PARIS [Dec. io, 1898 subversive of pubhc order in the territories in question, shall con tinue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty. Article XIV. Spain shall have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty. Article XV. The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade. This article may at any time be terminated on six months' notice given by either Government to the other. Article XVI. It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon the termination of such occupancy, advise any Government established in the island to assume the same obligations. 1 Signed in duplicate, in Spanish and English. The English text is signed: "William R. Day, Cushman K. Davis, Wm. P. Frye, Geo. Gray, Whitelaw Reid." The Spanish text is signed: "Eugenio Montero Rios, B. de Abarzuza, J. de Garnica, W R de Villa Urrutia, Rafael Cerero." — Ed. Index [References in Italics indicate a Text with accompanying Notes.] Abarzuza, B. de, 608. Abolition of slavery in District of Co lumbia, 450-451; in Territories, 452. Acadia, 93, 94. Acadians deported, 109. Adams, John, 162, 184, 190, 209. Adams, J. Q., 284, 293, 311, 324, Adams, Robert, 597, 599. Adams, Samuel, 147, 162. Adams, William, 293. Administration of Justice act, 159-162. Admission of Missouri, resolution for, 317, 318; of Virginia to representa tion in Congress, 544-546. Aix-la-Chapelle, treaty of, 109. Alabama admitted as a State, 311; admitted to representation in Congress, 532-534. Alaska treaty, 51 1-5 14. Alien act, 261-263. Alien and Sedition acts, 258-267. Alien Enemies act, 263-265. Allison, W. B., 574. Amendments to Constitution, proposed by Hartford Convention, 296-301; thirteenth amendment, 494; four teenth, 536; fifteenth, 546, 547. Amnesty proclamation, 470-472. Amsterdam, 26. Andros in Connecticut, 60; in Rhode Island, 67; in Massachusetts, 84. Annexation of Texas, 368-370; of Hawaiian Islands, 600-602. Antietam, 457. Anti-Trust act, 591-593. Archer (Va.), 368. Arkansas admitted to representation in Congress, 530-531. Army, command of, 507, 508. Arnold, I. N., 452. Arthur, C. A., 572. Article of war, act for additional^ 448, 449. Articles of Confederation^ 195-204; of impeachment, 518-529. Ashburton treaty, 361-368. Ashley, J. M., 500, 518, 529. Association, The, 166-171. Atherton Company, 67. Auchmuty, Robert, 106. Avalon, 31. Bacon, Sir Francis, 9. Baltimore and Ohio R. R. Co., 444. Baltimore, Lord, first, 31; second, 31, 53, 54, 80. _ Bank of United States (second), 302- 306; Jackson's first message, 320, 321; second message, 322, 323; third message, 323 ; veto message, 324-329; removal of deposits, 344-353; National Bank act, 473-482. Bayard, J. A., 293, 441. Benton, T. H., 359. Bermudas, 14. Bernard, Francis, 146. Berry, A. S., 597. Bingham, J. A., 440, 498, 547> 554- Blaine, J. G-, 501. Bland, R. P., 573, 595. " Bland- Allison*' act, 573-575, 596. Blockade of Southern ports, 434, 435. Bollan, William, 151, 155. Boston Port act, 150-154. Boutwell, G. S., 518. Bowdoin, James, 162. Braddock's defeat, 109. Bradford, William, 19. Breckinridge, John, 267. Breda, treaty of, 75. Brook, Lord, 36. Brown, B. G., 482. Bunker Hill battle, 188. Burke, Edmund, 188. 609 6io INDEX Bute, Lord, 117. Butler, B. F., 553, 564, 568. Butler, R. R., 534. Calhoun, J. C, 288, 302, 333. Call for 75,000 volunteers, 433, 434. Calvert, Cecil, 31. Calvert, George, 31. Cambon, Jules, 602. Cambridge, Mass. (Newtowne), 36. Camden, Lord, 147. Cameron, Simon, 444. Canada, 93. Capitol, location of national, 233, Carolina, first charter of, 63-66; second charter, 76-78. Carteret, Lord, 77, 95. Cerero, Rafael, 608. Charter of Carolina, first, 63-66; of Carolina, second, 76-78; of Connecti cut, 60-62; of Georgia, 95-103; of Maryland, 31-35; of Massachusetts, first, 22-26; of Massachusetts, second, 84-90; of Pennsylvania, 80-84; of privileges to patroons, 26-31 ; of Rhode Island and Providence Planta tions, 66-72; of Virginia, first, 1-9; of Virginia, second, 9-14 ; of Virginia, third, 14-19. Chase, S. P., 436, 446, 519. Chatham, Earl of, 147, 172, 188. See Pitt. Churchill, J. C, 554. Cienfuegos, 599. Civil Rights act, first, 494-497; second, 568, 569. Civil Service act, 575-581. Claiborne, William, 306. Clarke, John, 66. Clarke, Sidney, 518. Clay, Henry, 293, 312, 341, 368, 383; resolutions on compromise of 1850, 384-386. Clayton, J. M., 324. Cleveland, Grover, 600. Coddington, William, 43. Coinage act of 1873, 565, 566; of standard silver dollar, 573-575. Coit, Joshua, 259. Coke, Sir Edward, 1. Command of the army, 507, 508. Compensated emancipation, joint resolu tion on, 449, 450. Compromise of 1850, 383-394; Clay's resolutions, 384-386; report of Com mittee of Thirteen, 386, 387; Utah act, 387 ; Texas and New Mexico act, 388, 389; Fugitive Slave act, 390- 393; act abolishing slave trade in District of Columbia, 394. Conciliatory resolution, Lord North's, 171, 172; report on, 184-188. Concord battle, 188. Confederate States of America, consti tution, 424-433. Confiscation act of 1861, 442-444; of 1862, 454-457- Conger, E. H., 593. Conkling, Roscoe, 449. Connecticut, fundamental orders of, 36- 39; charter, 60-62. Conspiracies, act to define and punish certain, 441, 442. Constitution of American Anti-Slav ery Society, 353-355; of Confederate States of America, 424-433; of Mis souri, 316, 317; of United States, 216-232; thirteenth amendment, 494; fourteenth amendment, 536-538; fif teenth amendment, 546, 547. Constitutions of Virginia, Mississippi, and Texas, submission of, 540, 541. Contract between Girard Bank and United States, 352, 353. Convention parliament, 56. Conway, Henry, 139, 147. Cooper, Grey, 184. Cornwallis, Lord, 204. Council for New England, 22, 36. Coxe, Daniel, 63. Credit, act to strengthen public, 539, 540. "Crime of 1873," 565, 566. Crittenden, J. J. 439. Cuba, independence of, 597, 598. Cullom, S. M., 581. Curtis, B. R., dissenting opinion in Dred Scott case, 416-420. Cushing, Thomas, 162. Dallas, A. J., 324. Dane, Nathan, 209. Dartmouth, Lord, 188. Davenport, John, 39-43, 60. Davis, C. K., 597, 608. Davis, Garrett, 453, Davis, H. W., 482. Davis, Jefferson, 434. Dawes, H. L., 534. INDEX 611 Day, W. R., 608. De Berdt, Dennis, 147. Declaration and Resolves of First Con tinental Congress, 162-166. Declaration of causes and necessity of . taking up arms, 176-183; of inde pendence, 190-194; of war (1812), 288, 289; of war (1898), 598, 599. Declaratory act, 139, 140. Deposits, removal of, 344-353; act to regulate, 355"359- Dickinson, John, 137, 176, 188, 195. Dingley, Nelson, 597. Disabilities, political, act removing, 564. District of Columbia, abolition of slave trade, 394 ; abolition of slavery, 450, 451; franchise in, 499. Dixon's proposed amendment to Kansas- Nebraska bill, 402. Dodderidge, Sir John, 1. Dorchester Adventurers, 22. Dorchester, Mass., 36. Douglas, S. A., 397-399; report on Kansas-Nebraska bill, 399-402. "Draft act" (1863), 459-463. Dred Scott decision, 405-420. Duane, W. J., 344. Dutch West India Company, 26. East Florida, 306. Eaton, Theophilus, 39-43. Edmunds, G. F., 504, 535, 542. Elective franchise in Territories, 500. Electoral count (1865), 487; act of 1877, 570-573- Electoral votes of rebellious States, joint resolution excluding, 535. Eliot, T. D., 454, 488. Emancipation, joint resolution on com pensated, 449, 450; proclamation, 457-459- Embargo act, 282, 283 ; in New England, 284. Endicott, John, 22. English bill, 420, 421. Enrolment act, 459-463. Enumerated articles, 72, 78, 90. Family compact, 109. Federalists, 284. Fifteenth amendment, 546, 547 j act l0 enforce, 547-551; supplementary act, 554-559- First charter of Carolina, 63-66; of Massachusetts, 22-26; of Virginia, 1-9. First Civil Rights act, 494-497. First Continental Congress, declaration and resolves, 162-166. First Navigation act, 55-59. First Reconstruction act, 500-504. Florida, treaty of 1819, 306-311; ad mitted to representation in Congress, 532-534- Fontainebleau, 109. "Force bill" (1870), 547-551. Foreign mediation, resolution against, 467-469. Fort Duquesne, 109. Fourteenth amendment, 536-538; act to enforce, 560-564. Fourth Reconstruction act, 529, 530. France, treaty with, for Louisiana, 279-282. Franchise in District of Columbia, 499 ; in Territories, 500. Franklin, Benjamin, 139, 176, 184, 188, 190, 204, 209. Freedmen' s bureau, 488-490. Freedom for soldiers' families, 490. Frye, W. P., 608. Fugitive Slave act, 390-393. Fugitive slaves, additional article of war, 448, 449- Fundamental Articles of New Haven, 39-43- Fundamental Orders of Connecticut, 3fi-39- Funding system, Hamilton's report, 233"243- Gadsden treaty, 394-397. Gallatin, Albert, 293. Gambier, Lord, 293. Garfield, J. A., 571. Garnica, J. de, 608. Garrison, W. L., 353. Gates, Sir Thomas, 1. General warrants in England, 106. Georgia, charter, 95-103; admitted to representation in Congress, 532-534; reconstruction of, 542-544; act for restoration of, 553, 554. Ghent, treaty of, 289-293. Giles, W. B., 284. Girard Bank, Taney's letter to, 350, 351; contract with the United States, 352, 353- 6l2 INDEX Gorton, Samuel, 43. Goulburn, Henry, 293. Government of New Haven, 50-53. Grant, U. S., 540, 542, 544, 566> 571- Grant to Duke of York, 74-76- Gray, George, 602, 608. Great Britain, treaty of 178S, 204-209; 0/ 1 7&£, 244-258; 0/151^,289-293; of 1842, 361-368; of 1846, 372-374. Greene, Thomas, 53. Grenville, Lord, 117, 122, 143, 238. Gridley, Jeremiah, 106. Guadalupe Hidalgo, treaty of, 377-382. Guilford, Conn., 50. Habeas Corpus act, 463-466. Hakluyt, Richard, 1. Hamilton's first report on public credit, 233-243- Hancock, John, 190-194. Harper, R. G., 265. Harrison, Benjamin, 593. Hartford, Conn., 36. Hartford Convention, report of, 293-301. Hartley, David, 209. Havana, 109. Hawaiian Islands, annexation of, 600- 602. Hayes, R. B., 570, 571, 574. Hayne, R. Y., 333. Heath, Sir Robert, 63, 76. Henderson, J. B., 494. Hendricks, T. A., 570. Henry, Patrick, 139. Hickman, John, 441. Hillhouse, James, 261. Hillsborough, Lord, 147. Hobart, Sir Henry, 9. Holy Alliance, 318. Hunter, David, 449. Hutchinson, Thomas, 106. Hutchinsonian controversy, 39. Impeachment of Johnson, articles, 518- 529- Impressment, 282. Independence, Declaration of, 190-194; of Cuba, 597, 598. Independent Treasury act, 374-377. Ingersoll, C. J., 368. Interstate Commerce act, 581-590. "Iron-clad" oath, 452-454. Jackson, Andrew, first message, 320, 321; second, 322, 323; third, 323; bank veto, 324-329; proclamation to South Carolina, 333-340; paper read to the Cabinet, 344-349. Jay, John, 176, 188, 209, 258. Jay treaty, 244-258. Jefferson, Thomas, 176, 184, 190, 233, 267, 279, 282. Johnson, Andrew, 439, 491, 499, 5or, 508, 514, 518, 532; articles of im peachment, 518-529. Johnson, Reverdy, 507. Johnson, Thomas, 176, 188. Joint resolution for annexation of Texas, 368-370. Kansas, Lecompton constitution, 420- 423. Kansas-Nebraska act, 397-405 ; Doug las's report, 399-402 ; Dixon's pro posed amendment, 402 ; Sumner's proposed amendment, 403; act to organize Territories of Nebraska, and Kansas, 403-405. Kelley, W. D., 565. Kelso, J. R., 518. Kendall, Amos, 344. Kentucky and Virginia resolutions, 267— 278. Kitchen cabinet, 344. Knox, J. J., 565. " Ku Klux " act, 560-564. Lechmere, Thomas, 106. Lecompton constitution, 420-423. Lee, Arthur, 188. Lee, R. H., 184, 190. Legal tender notes, act authorizing issue of, 446-448. Lexington battle, 188. Liliuokalani, Queen, 600. Lincoln, Abraham, 423, 436, 438, 449, 450, 454, 457, 459, 463; proclamation regarding reconstruction, 482-487 ; emancipation proclamation, 457-459. Livingston, Philip, 141. Livingston, William, 176. Livingstone, R. R., 190, 279, 282. Lloyd, James, 265. Loan, act for a national, 436, 437. Loan, B. F., 518. Lord North's conciliatory resolution, 171, 172; report on, 184-188. Louisburg, 109. INDEX 613 Louisiana purchase, 279-283; State admitted to representation in Con gress, 532-534. Lovejoy, Owen, 452. Madison, James, 267, 288, 302, 306. Maine, battleship, destruction of, 598. Maine, district of, 311; boundary dis pute, 361. Manchester, Earl of, 60. Manila, 109. Marbois, F. Barbe1, 282. Maryland charter, 31-35; Toleration act, 53-55. Massachusetts, first charter, 22-26; second charter, 84-90; calls Stamp Act Congress, 136; calls First Con tinental Congress, 162; circular letter, 146-150; Government act, 155-159; part in Hartford Convention, 293. Mather, Increase, 84. Mayflower compact, 19. Maynard, Horace, 453. McCrary, G. W., 570. McDuffie, George, 320, 324. McKean, J. B., 449. McKinley, William, 597, 599. McLane, Louis, 344. Mexican war, act for prosecution of, 371, 372. Mexico, treaty of 1848, 377-382; treaty of 1853, 394-397- Milford, Conn., 50, 51. Militia, act for calling out, 440, 441. Mississippi, provisional government of, 538, 539; submission of constitution of, 54°, 54i- Missouri compromise, 3ii-3r8; Tall madge' s amendment, 313; Taylor's amendment, 313, 314; Thomas's amendment, 314; report qf conference committee, 3T4, 315; enabling act, 315, 316; constitution, 316, 317; admission, 317, 318. Molasses act, 103-105. Monroe, James, 279, 283; message enunciating the Monroe doctrine, 318- 320. Moore, Sir Henry, T4T. Morrill, J. S., 454. 593- Morton, O. P., 542. Napoleon, 318. National Bank act, 473-482; debt, act for refunding, 551-553; Loan act, 436, 437- Naturalization act, 259-261. Nature and object of the war, resolution on, 439, 440. Navigation act, first, 55-59; second, 72-74; third, 78, 79; of 1696, 90-92. Neutrality, proclamation of, 243, 244. Newcastle, Del., 80. Newcastle, Duke of, 109. New England confederation, 45-50. New England Restraining act, 172-176. New Haven, Fundamental Articles of, 39-43; government of, 50-53; in cluded in Connecticut, 60. Newlands, F. G., 600. New Netherland, 26, 60, 70. New Orleans, 279. Newport, R. I., 43. Newtowne (Cambridge), Mass., 36. New York Assembly, act suspending, 141, 142. Non-importation in Continental Con gress, 166, 167. Non-intercourse act, 284-288. North, Chief Justice, 80. North, Lord, 151, 155, 159, 172, 188, 204. North Carolina, proclamation appoint ing a governor for, 491-493; ad mitted to representation in Congress, 532-534- Northeast boundary, treaty of 1842, 361- 368. Northwest boundary, treaty of .1846, 372-374- Nullification, South Carolina ordinance, 329-333; Jackson's proclamation, 333-340; act for enforcing the tariff, 341-343- Oath of Office (1862), 452-454; oath of 1868, 534. Oglethorpe, J. E., 95. Onis, Luis de, 311. Ordinance for Virginia, 20-22; of 1787, 209-216. Oregon country, 372. Oregon Territory organized, 383. Otis, James, 106. Paine, R. T., 162. Paper read to the Cabinet, Jackson's, 344-349- 614 INDEX Paris, treaty of 1763, 109-112; of 1783, 204-209; of 1898, 602-608. Patent of Providence Plantations, 43- 45- Patroons, charter of privileges to, 26-31. Paxton, Charles, 105. Pendleton, G. H., 576. Penn, Richard, 188. Penn, William, 80. Pennsylvania charter, 80-84. Pitt, William, Earl of Chatham, 109, 143- Plumb, P. B., 593. Political disabilities, act removing, 564. Polk, J. K., 368, 371. Popham, Sir John, ±. Port Royal, N. S., 93, 94. Portsmouth, N. H., branch bank at, 320. Portsmouth, R. I., 43. Proclamation concerning America, royal, 113-116; of rebellion, royal, 188- 190; of neutrality, 243, 244; to South Carolina, 333-340; declaring block ade of Southern ports, 434, 435; of emancipation, 457-459; of amnesty, 470-472; regarding reconstruction, 482-487; appointing governor for North Carolina, 491—493. Providence Plantations, patent, 43-45. Provisional governments of Virginia, Texas, and Mississippi, 538, 539. Public credit, Hamilton's first report on, 233-243; act to strengthen, 539, 540. Puritans in Maryland, 54. Quakers in Maryland, 54. Quartering act, ^1-136; in New York, 141. Quebec, 109. Queen Anne's war, 93. Railroad and telegraph lines, act au thorizing seizure of, 444, 445. Randolph, Edmund, 243. Rebellion, royal proclamation of, 188- 190. Recognition of independence of Cuba, 697. 598- Reconstruction: Lincoln's plan, 470- 472; proclamation regarding, 482- 487; first act, 500-504; second act, 508-511; third act, 514-518; fourth P^ 529, 53°; °f Georgia, 542-544. Refunding the national debt, act for, 551-553- Reid, Whitelaw, 608. Removal of deposits, 344-353. Repeal of Silver Purchase act, 595, 596. Report on Lord North's conciliatory resolution, 184-188; of Hartford Convention, 293-301. Resolutions of' Stamp Act Congress, 136-139; for admission of Missouri, 317, 318; on nature and object of the Civil War, 439, 440. Restoration of Georgia, act for, 553, 554; of Tennessee, 498, 499. Resumption of specie payments, 566- 568. Rhode Island and Providence Planta tions, charter, 66-72. Rfos, E. M., 608. Rockingham, Lord, 139, 143, T47, 204. Royal proclamation concerning America, 113-116. Ruggles, Timothy, 137. Russell, Jonathan, 293. Russia, 289, 318; Alaska treaty, 511- 5i4- Rutledge, John, 176, 188. Sandys, Sir Edwin, 9. San Ildefonso, treaty, 279. San Juan, P. R., 599. Say and Sele, Lord, 36, 60. Saybrook, Conn., 36. Schenck, R. C, 539, 551. Scott, Winfield, 463. Secession, South Carolina ordinance, 423, 424. Second charter of Virginia, 9-14; of Carolina, 76-78; of Massachusetts, 84-90; Civil Rights act, 568, 569; Navigation act, 72-74; Reconstruction act, 508-511. Sedition act, 265-267. Seven Years' war, 109. Seward, W. H., 457, 536. Shelburne, Earl of, 141, 147, 204. Shellabarger, Samuel, 560. Sherman, John, 473, 501, 560, 565, 566, 59i- Sherman, Roger, 190. Silver dollar, coinage of standard, 573— 575- Silver Purchase act, 593-595 ; repeal of, 595. 596- INDEX 615 Slavery, abolition of, in District of Columbia, 450, 45 1 ; . in Territories, 452- Slave trade, abolition of, in District of Columbia, 394. Soldiers' families, freedom for, 490. Somers Islands, 14. Somers, Sir George,, 1. Sons of Liberty, 139. South Carolina, ordinance of nullifica tion, 329-333; Jackson's proclama tion to, 333-340; ordinance of seces sion, 423, 424; admitted to represen tation in Congress, 532-534. Southold, Long Island, 50. Spain, Florida treaty, 306-311 ; declara tion of war, 598, 599 ; treaty of Paris, 602-608. Spanish Succession war, 93. Spaulding, E. G., 446. Specie circular, 359, 360; payments, resumption of, 566-568. Stamford, Conn., 50. Stamp act, 1 22-1 31. Stamp Act Congress, resolutions, 136- :39- Standard silver dollar, 573-575. Stanton, E. M., 518 seq. State debts, assumption of. See Hamil ton. Stevens, Thaddeus, 436, 464, 467, 501, 5=9. 53°. 532, 536- Stone, William, 53. St. Mary's, Md., 54. Sugar act, n 7-122. Sumner, Charles, 467, 488, 494, 551, 568 ; proposed amendment to Kansas- Nebraska bill, 403. Sumter, Fort, 433. Surplus revenue distribution, 358, 359. Tallmadge, amendment to the Missouri bill, 313. Taney, R. B., 344 ; instructions to collector at Philadelphia, 349, 350; letter to Girard Bank, 350, 351 ; opinion in Dred Scott case, 405-416. Tariff, act for enforcing, 341-343; "tariff of abominations," 329. Taylor, John, 267. Taylor, J. W., amendment to Missouri bill, 313, 3!4- Tea duties, 150. Tennessee, restoration of, 498, 499. Tenure of Office act, 504-507. Territories, abolition of slavery in, 452 ; elective franchise in, 500. Texas, joint resolution for annexation, 368-370; Texas and New Mexico act, 388, 389; provisional govern ment, 538, 539; submission of con stitution, 540, 541. Thacher, Oxenbridge, 106. The Association, 166-171. Third charter of Virginia, 14-19; Nav igation act, 78, 79; Reconstruction act, 514-518. Thirteenth amendment, 494. Thomas, amendment to Missouri bill, 3i4- Tilden, S. J., 570. Tobacco trade, 78. Toleration act, Maryland, 53-55. Topeka constitution, 420. Townshend, Charles, 117; Revenue act, i43_I46. Treaty of Utrecht, 93-95; of Paris (1763), 109-112; of 1783, 204-209; of 1794, 244-258; of 1803, 279-282; of 1814, 289-293 ; of 1819, 306-311; o/IS.^,361-368; 0/1546,372-374; 0/1545,377-382; 0/1553,394-397; of 1867, 5 1 1-5 14; of 1898, 602-608. Trist, N. P., 377. Trumbull, Lyman, 442, 494, 514. Turpie, David, 597. Tyler, John, 374. Urrutia, W R de Villa, 608. Utah act, 387. Utrecht treaty, 93-95. Van Buren, Martin, 368. Verplanck, G. C, 341. Virginia and Kentucky resolutions, 267-278. Virginia, first charter, 1-9; second charter, 9-14; third charter, 14-19; ordinance for, 20-22; resolutions on Stamp act, 139; resolutions of 1798, 274-276; provisional government, 538, 539; submission of constitution, 540, 54r; admission to representation in Congress, 544-546. Volunteers, call for 75,000, 433, 434; act authorizing employment of, 438. Wade, B. F., 444, 499, 500. 6i6 INDEX " Wade-Davis " bill, 482-487. War, declaration of, 1812, 288, 289 declaration of, 18S8, 598, 599. Warwick, Earl of, 36, 43. Warwick, R. I., 43. Washington, George, 109, 176, 216, 243, 245- Watertown, Mass., 36. Wayne, J. M., 321, 322. Webster, Daniel, 368. West Florida, 306. Westminster treaty, 75. Wethersfield, Conn., 36. Weymouth, George, r. Wheeler, W. A., 570. White, A. S., 449. White, E. D., 602. Wilkins, William, 341. Williams, G. H., 504. Williams, Roger, 43. Wilmot proviso, 383. Wilson, Henry, 438, 450, 459, 490. Wilson, J. F., 453. Wilson, W. L., 595. Windsor, Conn., 36. Winthrop, John, 36, 60. Woodbury, Levi, 360. Writ of Assistance, 105-^9. Wyandotte constitution, 42r. Yancey, W. L., 383. Yeardley, Sir George, 20. York, Duke of, 6o, 80; grant to, 74- 76. 'T'HE following pages contain advertise ments of a few of the Macmillan books by the same author, or on kindred subjects SELECT CHARTERS AND OTHER DOCUMENTS Illustrative of American History, 1606- J 775 By WILLIAM MACDONALD Professor of History in Brown University 12mo Cloth $2.00, net " This volume . . . supplements the author's previous work, entitled ' Select Documents Illustrative of the History of the United States, 1 776-1861.' The same sound judgment has been shown in the selection and the editing of the state papers, and the work is essential to every good reference library." — The Outlook. " Professor MacDonald shows good judgment in his selections, and his boot should materially assist the teaching of American history. ... It will be a. great convenience everywhere." — The Nation. 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" The volume is of value, not to students alone, but to lawyers, politicians, news paper men and, indeed, to all classes of professional men who from time to time may have occasion to refer to these important documents, for the purpose of refreshing the memory, or of establishing a point in doubt or controversy." — The Boston Transcript. "The book follows the example of others of the series, including acts of Con gress, proclamations of the President, amendments to the Constitution, and resolu tions of Congress. Much of it — about three-fourths — is devoted to the period of the Civil War and Reconstruction. Most of the documents are given in full. and to all of them notes and references are appended by the editor. The comple tion of this series cannot fail to make the teaching of American history more satis factory in both preparatory schools and colleges." — South Atlantic Quarterly. THE MACMILLAN COMPANY 64-66 FIFTH AVENUE, NEW YOBK For Elementary Work in UNITED STATES HISTORY SOURCE READERS IN AMERICAN HISTORY Selected and Annotated by ALBERT BUSHNELL HART, Professor ol History in Harvard University, with the assistance of the collaborators named below. Many illustrations. Each volume, i2mo, cloth. *No. i. Colonial Children (with the collaboration of Blanche E. Haz ard, Rhode Island Normal School), xvii + 233 pages. 40 cents, net. Eighty-five selections from original sources, picturing all phases of child life in the colonial period. *No. 2. Camps and Firesides of the Revolution (with the collaboration of Mabel Hill, Lowell, Mass., Normal School) . xviii + 309 pages. 50 cents, net. Ninety-one readings descriptive of events and conditions in Revolutionary times. *No. 3. How Our Grandfathers Lived (with the collaboration of Annie Bliss Chapman, of Worcester, Mass., Normal School), xiv + 371 pages. 60 cents, net. This volume relates chiefly to the first half of the nineteenth century. # No. 4. The Romance of the Civil War (with the collaboration of Eliz abeth Stevens), xiv + 418 pages. 60 cents, net. The readings in this volume present the actualities of the Civil War period, SOURCE BOOK OF AMERICAN HISTORY For Schools and Readers. Edited by ALBERT BUSHNELL HART, Pro fessor of History in Harvard University. i2mo. Cloth, xlvi + 408 pages. 60 cents, net. The Source Book is designed for use in the upper grades of the grammar schools, in high schools, and in normal schools, the purpose being to supplement text-books and narratives by vivid pictures drawn by those who helped to make the history that they describe. The material provided is abundant enough and varied enough to furnish suitable parallel reading for a school course. The extracts are chosen chiefly from letters, diaries, reminiscences, travels, speeches, and narratives, the purpose being to collect material interesting in itself as well as illustrative of national history. The extracts are exact reprints of the sources from which they are taken, words quaintly spelled or obsolete being explained in brackets or in side notes. The book is provided with many highly useful helps for pupil and teacher — short sketches of authors, practical suggestions as to sources, from different points of view, an excellent table of contents and index, and side notes. There are facsimiles of historical documents and continental currency. THE MACMILLAN COMPANY 64-66 FIFTH AVENUE, NEW YOKE YALE UNIVERSITY 3 9002 00648 7236