Produced by David Widger
THE PAPERS AND WRITINGS OF ABRAHAM LINCOLN
VOLUME SEVEN
CONSTITUTIONAL EDITION
By Abraham Lincoln
Edited by Arthur Brooks Lapsley
THE WRITINGS OF A. LINCOLN, Volume Seven, 1863-1865
1863
OPINION ON THE LOSS OF GENERAL R. H. MILROY'S DIVISION.
October 27, 1863.
In June last a division was substantially lost at or near Winchester, Va.
At the time, it was under General Milroy as immediate commander in the
field, General Schenck as department commander at Baltimore, and General
Halleck as general-in-chief at Washington.
General Milroy, as immediate commander, was put in arrest, and
subsequently a court of inquiry examined chiefly with reference to
disobedience of orders, and reported the evidence.
The foregoing is a synoptical statement of the evidence, together with the
judge-advocate-general's conclusions. The disaster, when it came, was a
surprise to all. It was very well known to Generals Shenck and Milroy for
some time before, that General Halleck thought the division was in great
danger of a surprise at Winchester; that it was of no service commensurate
with the risk it incurred, and that it ought to be withdrawn; but,
although he more than once advised its withdrawal, he never positively
ordered it. General Schenck, on the contrary, believed the service of the
force at Winchester was worth the hazard, and so did not positively
order its withdrawal until it was so late that the enemy cut the wire and
prevented the order reaching General Milroy.
General Milroy seems to have concurred with General Schenck in the opinion
that the force should be kept at Winchester at least until the approach of
danger, but he disobeyed no order upon the subject.
Some question can be made whether some of General Halleck's dispatches to
General Schenk should not have been construed to be orders to withdraw the
force, and obeyed accordingly; but no such question can be made against
General Milroy. In fact, the last order he received was to be prepared to
withdraw, but not to actually withdraw until further order, which further
order never reached him.
Serious blame is not necessarily due to any serious disaster, and I cannot
say that in this case any of the officers are deserving of serious blame.
No court-martial is deemed necessary or proper in the case.
A. LINCOLN.
TO GENERAL SCHOFIELD.
Private and confidential
EXECUTIVE MANSION, WASHINGTON, October 28, 1863.
GENERAL JOHN M. SCHOFIELD:
There have recently reached the War Department, and thence been laid
before me, from Missouri, three communications, all similar in import and
identical in object. One of them, addressed to nobody, and without place
or date, but having the signature of (apparently) the writer, is a letter
of eight closely written foolscap pages. The other two are written by
a different person, at St. Joseph, Mo., and of the dates, respectively,
October 12 and 13, 1863, and each inclosing a large number of affidavits.
The general statements of the whole are that the Federal and State
authorities are arming the disloyal and disarming the loyal, and that the
latter will all be killed or driven out of the State unless there shall be
a change. In particular, no loyal man who has been disarmed is named, but
the affidavits show by name forty-two persons as disloyal who have been
armed. They are as follows: [The names are omitted.]
A majority of these are shown to have been in the rebel service. I believe
it could be shown that the government here has deliberately armed more
than ten times as many captured at Gettysburg, to say nothing of similar
operations in East Tennessee. These papers contain altogether thirty--one
manuscript pages, and one newspaper in extenso, and yet I do not find it
anywhere charged in them that any loyal man has been harmed by reason of
being disarmed, or that any disloyal one has harmed anybody by reason of
being armed by the Federal or State Government. Of course, I have not had
time to carefully examine all; but I have had most of them examined and
briefed by others, and the result is as stated. The remarkable fact that
the actual evil is yet only anticipated--inferred--induces me to suppose I
understand the case; but I do not state my impression, because I might
be mistaken, and because your duty and mine is plain in any event. The
locality of nearly all this seems to be St. Joseph and Buchanan County.
I wish you to give special attention to this region, particularly on
election day. Prevent violence from whatever quarter, and see that the
soldiers themselves do no wrong.
Yours truly,
A. LINCOLN.
TELEGRAM TO GOVERNOR JOHNSON.
[Cipher.]
EXECUTIVE MANSION, WASHINGTON, D. C., October 28, 1863.
HON. ANDREW JOHNSON, Nashville, Tenn.: If not too inconvenient, please
come at once and have a personal conversation with me.
A. LINCOLN.
TO VICE-PRESIDENT HAMLIN.
AN ACT TO REGULATE THE DUTIES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES
IN PREPARING FOR THE ORGANIZATION OF THE HOUSE.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, that, before the first meeting of
the next Congress, and of every subsequent Congress, the clerk of the
next preceding House of Representatives shall make a roll of the
Representatives elect, and place thereon the names of all persons, and of
such persons only, whose credentials show that they were regularly elected
in accordance with the laws of their States respectively, or the laws of
the United States.
Approved March 3, 1863.
TO J. W. GRIMES.
EXECUTIVE MANSION,
WASHINGTON, D.C., October 29, 1863.
HON. JAMES W. GRIMES.
MY DEAR SIR:--The above act of Congress was passed, as I suppose, for
the purpose of shutting out improper applicants for seats in the House of
Representatives; and I fear there is some danger that it will be used to
shut out proper ones. Iowa, having an entire Union delegation, will be
one of the States the attempt will be made, if upon any. The Governor
doubtless has made out the certificates, and they are already in the
hands of the members. I suggest that they come on with them; but that, for
greater caution, you, and perhaps Mr. Harlan with you, consult with the
Governor, and have an additional set made out according to the form on the
other half of this sheet; and still another set, if you can, by studying
the law, think of a form that in your judgment, promises additional
security, and quietly bring the whole on with you, to be used in case of
necessity. Let what you do be kept still.
Yours truly,
A. LINCOLN.
TELEGRAM TO P. F. LOWE.
[Cipher.]
EXECUTIVE MANSION, WASHINGTON, D. C., October 30, 1863.
HON. F. F. LOWE, San Francisco, Cal.:
Below is an act of Congress, passed last session, intended to exclude
applicants not entitled to seats, but which, there is reason to fear, will
be used to exclude some who are entitled. Please get with the Governor
and one or two other discreet friends, study the act carefully, and make
certificates in two or three forms, according to your best judgement,
and have them sent to me, so as to multiply the chances of the delegation
getting their seats. Let it be done without publicity. Below is a form
which may answer for one. If you could procure the same to be done for the
Oregon member it might be well.
A. LINCOLN.
TELEGRAM TO GENERAL MEADE.
EXECUTIVE MANSION, WASHINGTON, D. C., October 30, 1863.
MAJOR-GENERAL MEADE, Army of Potomac:
Much obliged for the information about deserters contained in your
dispatch of yesterday, while I have to beg your pardon for troubling you
in regard to some of them, when, as it appears by yours, I had the means
of answering my own questions.
A. LINCOLN.
MEMORANDUM.
EXECUTIVE MANSION, WASHINGTON, October 31, 1863.
The Provost-Marshal-General has issued no proclamation at all. He has
in no form announced anything recently in regard to troops in New York,
except in his letter to Governor Seymour of October 21, which has been
published in the newspapers of that State. It has not been announced or
decided in any form by the Provost-Marshal-General, or any one else in
authority of the Government, that every citizen who has paid his three
hundred dollars commutation is liable to be immediately drafted again, or
that towns that have just raised the money to pay their quotas will have
again to be subject to similar taxation or suffer the operations of the
new conscription, nor it is probable that the like of them ever will be
announced or decided.
TELEGRAM TO W. H. SEWARD.
WAR DEPARTMENT, WASHINGTON, D. C., November 1, 1863.
HON. W. H. SEWARD, Auburn, N.Y.:
No important news. Details of Hooker's night fight do great credit to his
command, and particularly to the Eleventh Corps and Geary's part of the
Twelfth. No discredit on any.
A. LINCOLN.
TO POSTMASTER-GENERAL BLAIR.
EXECUTIVE MANSION,
WASHINGTON, November 2, 1863.
HON. MONTGOMERY BLAIR.
MY DEAR SIR:--Some days ago I understood you to say that your brother,
General Frank Blair, desires to be guided by my wishes as to whether he
will occupy his seat in Congress or remain in the field. My wish, then, is
compounded of what I believe will be best for the country; and it is that
he will come here, put his military commission in my hands, take his seat,
go into caucus with our friends, abide the nominations, help elect the
nominees, and thus aid to organize a House of Representatives which will
really support the Government in the war. If the result shall be the
election of himself as Speaker, let him serve in that position. If not,
let him retake his commission and return to the army for the benefit of
the country.
This will heal a dangerous schism for him. It will relieve him from a
dangerous position or a misunderstanding, as I think he is in danger of
being permanently separated from those with whom only he can ever have a
real sympathy--the sincere opponents of slavery.
It will be a mistake if he shall allow the provocations offered him by
insincere time-servers to drive him from the house of his own building. He
is young yet. He has abundant talents--quite enough to occupy all his time
without devoting any to temper.
He is rising in military skill and usefulness. His recent appointment to
the command of a corps, by one so competent to judge as General Sherman,
proves this. In that line he can serve both the country and himself more
profitably than he could as a member of Congress upon the floor.
The foregoing is what I would say if Frank Blair was my brother instead of
yours.
Yours truly,
A. LINCOLN.
TO GOVERNOR BRADFORD.
EXECUTIVE MANSION, WASHINGTON, November 2, 1863.
His EXCELLENCY A. W. BRADFORD, Governor of Maryland.
SIR:--Yours of the 31st ult. was received yesterday about noon, and since
then I have been giving most earnest attention to the subject-matter
of it. At my call General Schenck has attended, and he assures me it is
almost certain that violence will be used at some of the voting places on
election day unless prevented by his provost-guards. He says that at some
of those places Union voters will not attend at all, or run a ticket,
unless they have some assurance of protection. This makes the Missouri
case, of my action in regard to which you express your approval.
The remaining point of your letter is a protest against any person
offering to vote being put to any test not found in the laws of Maryland.
This brings us to a difference between Missouri and Maryland. With the
same reason in both States, Missouri has, by law, provided a test for the
voter with reference to the present rebellion, while Maryland has not. For
example, General Trimble, captured fighting us at Gettysburg, is, without
recanting his treason, a legal voter by the laws of Maryland. Even General
Schenck's order admits him to vote, if he recants upon oath. I think that
is cheap enough. My order in Missouri, which you approve, and General
Scherick's order here, reach precisely the same end. Bach assures the
right of voting to all loyal men, and whether a man is loyal, each allows
that man to fix by his own oath. Your suggestion that nearly all the
candidates are loyal, I do not think quite meets the case. In this
struggle for the nation's life, I cannot so confidently rely on those
whose elections may have depended upon disloyal votes. Such men, when
elected, may prove true; but such votes are given them in the expectation
that they will prove false.
Nor do I think that to keep the peace at the polls, and to prevent the
persistently disloyal from voting, constitutes just cause of offense to
Maryland. I think she has her own example for it. If I mistake not, it is
precisely what General Dix did when your Excellency was elected Governor.
I revoke the first of the three propositions in General Schenek's General
Order No. 53; not that it is wrong in principle, but because the military,
being of necessity exclusive judges as to who shall be arrested, the
provision is too liable to abuse. For the revoked part I substitute the
following:
That, all provost-marshals and other military officers do prevent all
disturbance and violence at or about the polls, whether offered by such
persons as above described, or by any other person or persons whomsoever.
The other two propositions of the order I allow to stand. General Schenek
is fully determined, and has my strict orders besides, that all loyal men
may vote, and vote for whom they please.
Your obedient servant,
A. LINCOLN.
TO J. H. HACKETT
[Private.]
EXECUTIVE MANSION, WASHINGTON, November 2, 1863.
JAMES H. HACKETT.
MY DEAR SIR:--Yours of October 22d is received, as also was, in
due course, that of October 3d. I look forward with pleasure to the
fulfillment of the promise made in the former to visit Washington the
following winter and to "call."
Give yourself no uneasiness on the subject mentioned in that of the 22d.
My note to you I certainly did not expect to see in print, yet I have not
been much shocked by the newspaper comments upon it.
Those comments constitute a fair specimen of what has occurred to me
through life. I have endured a great deal of ridicule, without much
malice; and have received a great deal of kindness not quite free from
ridicule. I am used to it.
TELEGRAM TO W. H. SEWARD.
WAR DEPARTMENT, WASHINGTON CITY, November 3, 1863.
HON. W. H. SEWARD, Auburn, N. Y.:
Nothing new. Dispatches up to 12 last night from Chattanooga show all
quiet and doing well. How is your son?
A. LINCOLN.
TELEGRAM TO GENERAL MEADE EXECUTIVE MANSION, WASHINGTON, November 3, 1863.
MAJOR-GENERAL MEADE, Army of Potomac:
Samuel Wellers, private in Company B, Forty-ninth Pennsylvania Volunteers,
writes that he is to be shot for desertion on the 6th instant. His own
story is rather a bad one, and yet he tells it so frankly, that I
am somewhat interested in him. Has he been a good soldier except the
desertion? About how old is he?
A. LINCOLN.
TELEGRAM TO GENERAL MEADE.
EXECUTIVE, MANSION WASHINGTON, D. C., November 5, 1863.
MAJOR-GENERAL MEADE, Army of Potomac:
Please suspend the execution of Samuel Wellers, Forty-ninth Pennsylvania
Volunteers, until further orders.
A. LINCOLN.
TELEGRAM TO GENERAL A. E. BURNSIDE. WAR DEPARTMENT, WASHINGTON, November
9, 1863.4 P.M.
MAJOR-GENERAL BURNSIDE, Knoxville, Tenn.:
Have seen dispatch from General Grant about your loss at Rogersville. Per
contra, about the same time, Averell and Duffle got considerable advantage
of the enemy at and about Lewisburg, Virginia: and on Saturday, the
seventh, Meade drove the enemy from Rappahannock Station and Kelly's Ford,
capturing eight battle-flags, four guns, and over 1800 prisoners, with
very little loss to himself. Let me hear from you.
A. LINCOLN.
TELEGRAM TO GENERAL G. G. MEADE.
WASHINGTON, November 9, 1863 7.30 P.M.
MAJOR-GENERAL MEADE:
I have seen your dispatches about operations on the Rappahannock on
Saturday, and I wish to say, "Well done!" Do the 1500 prisoners reported
by General Sedgwick include the 400 taken by General French, or do the
Whole amount to 1900?
A. LINCOLN.
ORDER CONCERNING THE EXPORT OF TOBACCO PURCHASED BY FOREIGN NATIONS.
EXECUTIVE MANSION,
WASHINGTON, November 10, 1863.
In consideration of the peculiar circumstances and pursuant to the comity
deemed to be due to friendly powers, any tobacco in the United States
belonging to the government either of France, Austria, or any other state
with which this country is at peace, and which tobacco was purchased and
paid for by such government prior to the 4th day of March, 1861, may be
exported from any port of the United States under the supervision and upon
the responsibility of naval officers of such governments and in conformity
to such regulations as may be presented by the Secretary of State of the
United States, and not otherwise.
A. LINCOLN.
TELEGRAM TO GENERAL SCHOFIELD.
WAR DEPARTMENT, WASHINGTON, D. C., November 10, 1863.
GENERAL SCHOFIELD, Saint Louis, Mo.:
I see a dispatch here from Saint Louis, which is a little difficult
for me to understand. It says "General Schofield has refused leave of
absence to members in military service to attend the legislature. All such
are radical and administration men. The election of two Senators from
this place on Thursday will probably turn upon this thing." what does this
mean? Of course members of the legislation must be allowed to attend its
sessions. But how is there a session before the recent election returns
are in? And how is it to be at "this place"--and that is Saint Louis?
Please inform me.
A. LINCOLN.
TELEGRAM TO GENERAL SCHOFIELD.
WAR DEPARTMENT, WASHINGTON, D. C., November 11, 1863.
GENERAL SCHOFIELD, Saint Louis, Mo.:
I believe the Secretary of War has telegraphed you about members of the
legislation. At all events, allow those in the service to attend the
session, and we can afterward decide whether they can stay through the
entire session.
A. LINCOLN.
TELEGRAM TO HIRAM BARNEY.
[Cipher.]
EXECUTIVE MANSION, WASHINGTON, D. C., November 11, 1863.
HON. HIRAM BARNEY, New York; I would like an interview with you. Can you
not come?
A. LINCOLN.
TELEGRAM TO J. MILDERBORGER.
EXECUTIVE MANSION,
WASHINGTON, D. C., November 11, 1863.
JOHN MILDERBORGER, Peru, Ind.:
I cannot comprehend the object of your dispatch. I do not often decline
seeing people who call upon me, and probably will see you if you call.
A. LINCOLN.
TELEGRAM to E. H. AND E. JAMESON.
WAR DEPARTMENT,
WASHINGTON, D. C., November 13, 1863.
E. H. and E. JAMESON, Jefferson City, Mo.:
Yours saying Brown and Henderson are elected Senators is received. I
understand this is one and one. If so it is knocking heads together to
some.
A. LINCOLN.
TELEGRAM TO GENERAL W. S. ROSECRANS.
WAR DEPARTMENT, WASHINGTON, November 14, 1863. 12.15 P.M.
MAJOR-GENERAL ROSECRANS, Cincinnati, Ohio:
I have received and considered your dispatch of yesterday. Of the reports
you mention, I have not the means of seeing any except your own. Besides
this, the publication might be improper in view of the court of inquiry
which has been ordered. With every disposition, not merely to do justice,
but to oblige you, I feel constrained to say I think the publications
better not be made now.
A. LINCOLN.
TELEGRAM TO GENERAL BURNSIDE.
WAR DEPARTMENT, WASHINGTON CITY, November 16, 1863.
MAJOR-GENERAL BURNSIDE, Knoxville, Tenn.:
What is the news?
A. LINCOLN.
TO SECRETARY CHASE
EXECUTIVE MANSION, WASHINGTON, November 17, 1863.
HON. SECRETARY OF THE TREASURY.
MY DEAR SIR:--I expected to see you here at Cabinet meeting, and to say
something about going to Gettysburg. There will be a train to take and
return us. The time for starting is not yet fixed, but when it shall be I
will notify you.
Yours truly,
A. LINCOLN.
ADDRESS AT GETTYSBURG
NOVEMBER 19, 1863.
Four score and seven years ago our fathers brought forth on this
continent, a new nation, conceived in Liberty, and dedicated to the
proposition that all men are created equal.
Now we are engaged in a great civil war, testing whether that nation or
any nation so conceived and so dedicated, can long endure. We are met on a
great battle-field of that war. We have come to dedicate a portion of that
field, as a final resting place for those who here gave their lives that
that nation might live. It is altogether fitting and proper that we should
do this.
But, in a larger sense, we can not dedicate--we can not consecrate--we
can not hallow--this ground. The brave men, living and dead, who struggled
here, have consecrated it, far above our poor power to add or detract.
The world will little note, nor long remember what we say here, but it can
never forget what they did here. It is for us the living, rather, to be
dedicated here to the unfinished work which they who fought here have thus
far so nobly advanced. It is rather for us to be here dedicated to the
great task remaining before us--that from these honored dead we take
increased devotion to that cause for which they gave the last full measure
of devotion that we here highly resolve that these dead shall not have
died in vain--that this nation, under God, shall have a new birth of
freedom--and that government of the people, by the people, for the people,
shall not perish from the earth.
TELEGRAM TO GENERAL MEADE.
EXECUTIVE MANSION, WASHINGTON, D. C., November 20, 1863.
MAJOR-GENERAL MEADE, Army of Potomac:
If there is a man by the name of King under sentence to be shot, please
suspend execution till further order, and send record.
A. LINCOLN.
TELEGRAM TO GENERAL MEADE.
EXECUTIVE MANSION, WASHINGTON. November 20, 1863.
MAJOR-GENERAL MEADE, Army of Potomac:
An intelligent woman in deep distress, called this morning, saying her
husband, a lieutenant in the Army of Potomac, was to be shot next Monday
for desertion, and putting a letter in my hand, upon which I relied for
particulars, she left without mentioning a name or other particular by
which to identify the case. On opening the letter I found it equally
vague, having nothing to identify by, except her own signature, which
seems to be "Mrs. Anna S. King." I could not again find her. If you have
a case which you shall think is probably the one intended, please apply my
dispatch of this morning to it.
A. LINCOLN.
TELEGRAM TO E. P. EVANS.
EXECUTIVE MANSION, WASHINGTON, D. C., November 23, 1863.
E. P. EVANS, West Union, Adams County, Ohio:
Yours to Governor Chase in behalf of John A Welch is before me. Can there
be a worse case than to desert and with letters persuading others to
desert? I cannot interpose without a better showing than you make. When
did he desert? when did he write the letters?
A. LINCOLN.
TO SECRETARY SEWARD.
EXECUTIVE MANSION, WASHINGTON, D. C., November 23, 1863.
MY DEAR SIR:--Two despatches since I saw you; one not quite so late on
firing as we had before, but giving the points that Burnside thinks he
can hold the place, that he is not closely invested, and that he forages
across the river. The other brings the firing up to 11 A.M. yesterday,
being twenty-three hours later than we had before.
Yours truly,
A. LINCOLN.
TELEGRAM TO GENERAL GRANT.
WASHINGTON, November 25, 1863. 8.40 A.M.
MAJOR-GENERAL U.S. GRANT:
Your despatches as to fighting on Monday and Tuesday are here. Well done!
Many thanks to all. Remember Burnside.
A. LINCOLN.
TO C. P. KIRKLAND.
EXECUTIVE MANSION, WASHINGTON, December 7, 1863.
CHARLES P. KIRKLAND, ESQ., New York:
I have just received and have read your published letter to the HON.
Benjamin R. Curtis. Under the circumstances I may not be the most
competent judge, but it appears to me to be a paper of great ability, and
for the country's sake more than for my own I thank you for it.
Yours very truly,
A. LINCOLN.
ANNOUNCEMENT OF UNION SUCCESS IN EAST TENNESSEE.
EXECUTIVE MANSION, WASHINGTON, D. C., December 7, 1863.
Reliable information being received that the insurgent force is retreating
from East Tennessee, under circumstances rendering it probable that the
Union forces cannot hereafter be dislodged from that important position;
and esteeming this to be of high national consequence, I recommend that
all loyal people do, on receipt of this information, assemble at their
places of worship, and render special homage and gratitude to Almighty God
for this great advancement of the national cause.
A. LINCOLN.
PROCLAMATION OF AMNESTY AND RECONSTRUCTION. DECEMBER 8, 1863.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
A Proclamation.
Whereas in and by the Constitution of the United States it is provided
that the President "shall have power to grant reprieves and pardons for
offenses against the United States, except in cases of impeachment;" and,
Whereas a rebellion now exists whereby the loyal State governments of
several States have for a long time been subverted, and many persons have
committed and are now guilty of treason against the United States; and
Whereas, with reference to said rebellion and treason, laws have been
enacted by Congress declaring forfeitures and confiscation of property and
liberation of slaves, all upon terms and conditions therein stated, and
also declaring that the President was thereby authorized at any
time thereafter, by proclamation, to extend to persons who may have
participated in the existing rebellion in any State or part thereof pardon
and amnesty, with such exceptions and at such times and on such conditions
as he may deem expedient for the public welfare; and
Whereas the Congressional declaration for limited and conditional pardon
accords with well-established judicial exposition of the pardoning power;
and
Whereas, with reference to said rebellion, the President of the United
States has issued several proclamations with provisions in regard to the
liberation of slaves; and
Whereas it is now desired by some persons heretofore engaged in said
rebellion to resume their allegiance to the United States and to
reinaugurate loyal State governments within and for their respective
States:
Therefore, I, Abraham Lincoln, President of the United States, do
proclaim, declare, and make known to all persons who have, directly or by
implication, participated in the existing rebellion, except as hereinafter
excepted, that a full pardon is hereby granted to them and each of them,
with restoration of all rights of property, except as to slaves and in
property cases where rights of third parties shall have intervened, and
upon the condition that every such person shall take and subscribe an oath
and thenceforward keep and maintain 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 defend the Constitution of the
United States and the Union of the States thereunder; and that I will in
like manner abide by and faithfully support all acts of Congress passed
during the existing rebellion with reference to slaves, so long and so far
as not repealed, modified, or held void by Congress or by decision of
the Supreme Court; and that I will in like manner abide by and faithfully
support all proclamations of the President made during the existing
rebellion having reference to slaves, so long and so far as not modified
or declared void by decision of the Supreme Court. So help me God."
The persons excepted from the benefits of the foregoing provisions are all
who are or shall have been civil or diplomatic officers or agents of the
so-called Confederate Government; all who have left judicial stations
under the United States to aid the rebellion; all who are or shall have
been military or naval officers of said so-called Confederate Government
above the rank of colonel in the army or of lieutenant in the navy; all
who left seats in the United States Congress to aid the rebellion; all
who resigned commissions in the Army or Navy of the United States and
afterwards aided the rebellion; and all who have engaged in any way in
treating colored persons, or white persons in charge of such, otherwise
than lawfully as prisoners of war, and which persons may have been
found in the United States service as soldiers, seamen, or in any other
capacity.
And I do further proclaim, declare, and make known that whenever, in
any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee,
Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of
persons, not less than one-tenth in number of the votes cast in such State
at the Presidential election of the year A.D. 1860, each having taken 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 reestablish a State
government which shall be republican and in nowise contravening said oath,
such shall be recognized as the true government of the State, and
the State shall receive thereunder the benefits of the constitutional
provision which declares that "the United States shall guarantee to every
State in this Union a republican form of government and shall protect each
of them against invasion, and, on application of the legislature, or the
EXECUTIVE (when the legislature can not be convened), against domestic
violence."
And I do further proclaim, declare, and make known that any provision
which may be adopted by such State government in relation to the freed
people of such State which shall recognize and declare their permanent
freedom, provide for their education, and which may yet be consistent as
a temporary arrangement with their present condition as a laboring,
landless, and homeless class, will not be objected to by the National
EXECUTIVE.
And it is suggested as not improper that in constructing a loyal
State government in any State the name of the State, the boundary, the
subdivisions, the constitution, and the general code of laws as before the
rebellion be maintained, subject only to the modifications made necessary
by the conditions hereinbefore stated, and such others, if any, not
contravening said co 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 re-established within said States or in any of them;
and while the mode presented is the best the EXECUTIVE can suggest, with
his present impressions, it must not be understood that no other possible
mode would be acceptable.
Given under my hand at the city of WASHINGTON, the 8th day of December,
A. D. 1863, and of the Independence of the United States of America the
eighty-eighth.
A. LINCOLN.
By the President: WILLIAM H. SEWARD, Secretary of State.
ANNUAL MESSAGE TO CONGRESS, DECEMBER 8, 1863.
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:--
Another year of health, and of sufficiently abundant harvests, has passed.
For these, and especially for the improved condition cf our national
affairs, our renewed and profoundest gratitude to God is due.
We remain in peace and friendship with foreign powers.
The efforts of disloyal citizens of the United States to involve us in
foreign wars, to aid an inexcusable insurrection, have been unavailing.
Her Britannic Majesty's government, as was justly expected, have exercised
their authority to prevent the departure of new hostile expeditions from
British ports. The Emperor of France has, by a like proceeding, promptly
vindicated the neutrality which he proclaimed at the beginning of the
contest. Questions of great intricacy and importance have arisen out of
the blockade, and other belligerent operations, between the Government and
several of the maritime powers, but they have been discussed, and, as
far as was possible, accommodated, in a spirit of frankness, justice, and
mutual good-will. It is especially gratifying that our prize courts, by
the impartiality of their adjudications, have commanded the respect and
confidence of maritime powers.
The supplemental treaty between the United States and Great Britain
for the suppression of the African slave-trade, made on the 17th day of
February last, has been duly ratified and carried into execution. It
is believed that, so far as American ports and American citizens are
concerned, that inhuman and odious traffic has been brought to an end.
I shall submit, for the consideration of the Senate, a convention for the
adjustment of possessory claims in Washington Territory, arising out of
the treaty of the 15th of June, 1846, between the United States and
Great Britain, and which have been the source of some disquiet among the
citizens of that now rapidly improving part of the country.
A novel and important question, involving the extent of the maritime
jurisdiction of Spain in the waters which surround the island of Cuba,
has been debated without reaching an agreement, and it is proposed, in
an amicable spirit, to refer it to the arbitrament of a friendly power. A
convention for that purpose will be submitted to the Senate.
I have thought it proper, subject to the approval of the Senate, to
concur with the interested commercial powers in an arrangement for the
liquidation of the Scheldt dues upon the principles which have been
heretofore adopted in regard to the imposts upon navigation in the waters
of Denmark.
The long-pending controversy between this government and that of Chile
touching the seizure at Sitana, in Peru, by Chilean officers, of a large
amount in treasure belonging to citizens of the United States has been
brought to a close by the award of His Majesty the King of the Belgians,
to whose arbitration the question was referred by the parties. The subject
was thoroughly and patiently examined by that justly respected magistrate,
and although the sum awarded to the claimants may not have been as
large as they expected there is no reason to distrust the wisdom of His
Majesty's decision. That decision was promptly complied with by Chile when
intelligence in regard to it reached that country.
The joint commission under the act of the last session of carrying
into effect the convention with Peru on the subject of claims has been
organized at Lima, and is engaged in the business intrusted to it.
Difficulties concerning interoceanic transit through Nicaragua are in
course of amicable adjustment.
In conformity with principles set forth in my last annual message, I have
received a representative from the United States of Colombia, and have
accredited a minister to that Republic.
Incidents occurring in the progress of our civil war have forced upon
my attention the uncertain state of international questions touching the
rights of foreigners in this country and of United States citizens abroad.
In regard to some governments these rights are at least partially defined
by treaties. In no instance, however, is it expressly stipulated that in
the event of civil war a foreigner residing in this country within the
lines of the insurgents is to be exempted from the rule which classes him
as a belligerent, in whose behalf the government of his country can not
expect any privileges or immunities distinct from that character. I regret
to say, however, that such claims have been put forward, and in some
instances in behalf of foreigners who have lived in the United States the
greater part of their lives.
There is reason to believe that many persons born in foreign countries who
have declared their intention to become citizens, or who have been fully
naturalized have evaded the military duty required of them by denying the
fact and thereby throwing upon the Government the burden of proof. It has
been found difficult or impracticable to obtain this proof from the want
of guides to the proper sources of information. These might be supplied by
requiring clerks of courts where declarations of intention may be made or
naturalizations effected to send periodically lists of the names of the
persons naturalized or declaring their intention to become citizens to
the Secretary of the Interior, in whose Department those names might be
arranged and printed for general information.
There is also reason to believe that foreigners frequently become citizens
of the United States for the sole purpose of evading duties imposed by the
laws of their native countries, to which on becoming naturalized here they
at once repair, and though never returning to the United States they still
claim the interposition of this government as citizens. Many altercations
and great prejudices have heretofore arisen out of this abuse. It is
therefore submitted to your serious consideration. It might be advisable
to fix a limit beyond which no citizen of the United States residing
abroad may claim the interposition of his government.
The right of suffrage has often been assumed and exercised by aliens under
pretenses of naturalization, which they have disavowed when drafted into
the military service. I submit the expediency of such an amendment of
the law as will make the fact of voting an estoppe against any plea of
exemption from military service or other civil obligation on the ground of
alienage.
In common with other Western powers, our relations with Japan have been
brought into serious jeopardy through the perverse opposition of the
hereditary aristocracy of the Empire to the enlightened and liberal policy
of the Tycoon, designed to bring the country into the society of nations.
It is hoped, although not with entire confidence, that these difficulties
may be peacefully overcome. I ask your attention to the claim of the
minister residing there for the damages he sustained in the destruction by
fire of the residence of the legation at Yedo.
Satisfactory arrangements have been made with the Emperor of Russia,
which, it is believed, will result in effecting a continuous line of
telegraph through that Empire from our Pacific coast.
I recommend to your favorable consideration the subject of an
international telegraph across the Atlantic Ocean, and also of a telegraph
between this capital and the national forts along the Atlantic seaboard
and the Gulf of Mexico. Such communications, established with any
reasonable outlay, would be economical as well as effective aids to the
diplomatic, military, and naval service.
The consular system of the United States, under the enactments of the last
Congress, begins to be self-sustaining, and there is reason to hope that
it may become entirely so with the increase of trade which will ensue
whenever peace is restored. Our ministers abroad have been faithful in
defending American rights. In protecting commercial interests our consuls
have necessarily had to encounter increased labors and responsibilities
growing out of the war. These they have for the most part met and
discharged with zeal and efficiency. This acknowledgment justly includes
those consuls who, residing in Morocco, Egypt, Turkey, Japan, China,
and other Oriental countries, are charged with complex functions and
extraordinary powers.
The condition of the several organized Territories is generally
satisfactory, although Indian disturbances in New Mexico have not been
entirely suppressed. The mineral resources of Colorado, Nevada, Idaho,
New Mexico, and Arizona are proving far richer than has been heretofore
understood. I lay before you a communication on this subject from
the Governor of New Mexico. I again submit to your consideration the
expediency of establishing a system for the encouragement of immigration.
Although this source of national wealth and strength is again flowing with
greater freedom than for several years before the insurrection occurred,
there is still a great deficiency of laborers in every field of industry,
especially in agriculture and in our mines, as well of iron and coal as
of the precious metals. While the demand for labor is much increased here,
tens of thousands of persons, destitute of remunerative occupation, are
thronging our foreign consulates and offering to emigrate to the United
States if essential, but very cheap, assistance can be afforded them. It
is easy to see that under the sharp discipline of civil war the nation
is beginning a new life. This noble effort demands the aid and ought to
receive the attention and support of the Government.
Injuries unforeseen by the Government and unintended may in some cases
have been inflicted on the subjects or citizens of foreign countries, both
at sea and on land, by persons in the service of the United States. As
this government expects redress from other powers when similar injuries
are inflicted by persons in their service upon citizens of the United
States, we must be prepared to do justice to foreigners. If the existing
judicial tribunals are inadequate to this purpose, a special court may
be authorized, with power to hear and decide such claims of the character
referred to as may have arisen under treaties and the public law.
Conventions for adjusting the claims by joint commission have been
proposed to some governments, but no definitive answer to the proposition
has yet been received from any.
In the course of the session I shall probably have occasion to request you
to provide indemnification to claimants where decrees of restitution have
been rendered and damages awarded by admiralty courts, and in other cases
where this government may be acknowledged to be liable in principle and
where the amount of that liability has been ascertained by an informal
arbitration.
The proper officers of the Treasury have deemed themselves required by the
law of the United States upon the subject to demand a tax upon the
incomes of foreign consuls in this country. While such a demand may not
in strictness be in derogation of public law, or perhaps of any existing
treaty between the United States and a foreign country, the expediency of
so far modifying the act as to exempt from tax the income of such consuls
as are not citizens of the United States, derived from the emoluments
of their office or from property not situated in the United States, is
submitted to your serious consideration. I make this suggestion upon the
ground that a comity which ought to be reciprocated exempts our consuls in
all other countries from taxation to the extent thus indicated. The United
States, I think, ought not to be exceptionally illiberal to international
trade and commerce.
The operations of the Treasury during the last year have been successfully
conducted. The enactment by Congress of a national banking law has proved
a valuable support of the public credit, and the general legislation in
relation to loans has fully answered the expectations of its favorers.
Some amendments may be required to perfect existing laws, but no change in
their principles or general scope is believed to be needed.
Since these measures have been in operation all demands on the Treasury,
including the pay of the Army and Navy, have been promptly met and fully
satisfied. No considerable body of troops, it is believed, were ever more
amply provided and more liberally and punctually paid, and it may be
added that by no people were the burdens incident to a great war ever more
cheerfully borne.
The receipts during the year from all sources, including loans and
balance in the Treasury at its commencement, were $901,125,674.86, and the
aggregate disbursements $895,796,630.65, leaving a balance on the 1st
of July, 1863, of $5,329,044.21. Of the receipts there were derived from
customs $69,059,642.40, from internal revenue $37,640,787.95, from direct
tax $1,485,103.61, from lands $167,617.17, from miscellaneous sources
$3,046,615.35, and from loans $776,682,361.57, making the aggregate
$901,125,674.86. Of the disbursements there were for the civil service
$23,253,922.08, for pensions and Indians $4,216,520.79, for interest on
public debt $24,729,846.51, for the War Department $599,298,600.83, for
the Navy Department $63,211,105.27, for payment of funded and temporary
debt $181,086,635.07, making the aggregate $895,796,630.65 and leaving the
balance of $5,329,044.21. But the payment of funded and temporary debt,
having been made from moneys borrowed during the year, must be regarded
as merely nominal payments and the moneys borrowed to make them as merely
nominal receipts, and their amount, $181,086,635.07, should therefore
be deducted both from receipts and disbursements. This being done there
remains as actual receipts $720,039,039.79 and the actual disbursements
$714,709,995.58, leaving the balance as already stated.
The actual receipts and disbursements for the first quarter and the
estimated receipts and disbursements for the remaining three-quarters of
the current fiscal year (1864) will be shown in detail by the report of
the Secretary of the Treasury, to which I invite your attention. It is
sufficient to say here that it is not believed that actual results will
exhibit a state of the finances less favorable to the country than the
estimates of that officer heretofore submitted while it is confidently
expected that at the close of the year both disbursements and debt will be
found very considerably less than has been anticipated.
The report of the Secretary of War is a document of great interest. It
consists of:
1. The military operations of the year, detailed in the report of the
General in Chief.
2. The organization of colored persons into the war service.
3. The exchange of prisoners, fully set forth in the letter of General
Hitchcock.
4. The operations under the act for enrolling and calling out the national
forces, detailed in the report of the Provost Marshal General.
5. The organization of the invalid corps, and
6. The operation of the several departments of the Quartermaster-General,
Commissary-General, Paymaster-General, Chief of Engineers, Chief of
Ordnance, and Surgeon-General.
It has appeared impossible to make a valuable summary of this report,
except such as would be too extended for this place, and hence I content
myself by asking your careful attention to the report itself.
The duties devolving on the naval branch of the service during the year
and throughout the whole of this unhappy contest have been discharged with
fidelity and eminent success. The extensive blockade has been constantly
increasing in efficiency as the Navy has expanded, yet on so long a line
it has so far been impossible to entirely suppress illicit trade. From
returns received at the Navy Department it appears that more than 1,000
vessels have been captured since the blockade was instituted? and that
the value of prizes already sent in for adjudication amounts to over
$13,000,000.
The naval force of the United States consists at this time of five hundred
and eighty-eight vessels completed and in the course of completion, and of
these seventy-five are ironclad or armored steamers. The events of the war
give an increased interest and importance to the Navy which will probably
extend beyond the war itself.
The armored vessels in our Navy completed and in service, or which are
under contract and approaching completion, are believed to exceed in
number those of any other power; but while these may be relied upon for
harbor defense and coast service, others of greater strength and capacity
will be necessary for cruising purposes and to maintain our rightful
position on the ocean.