Reliable information being received that the insurgent force

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with the risk it incurred, and that it ought to be withdrawn; but,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.

The Papers and Writings of Abraham Lincoln — Volume 7: 1863-1865 · 第 1 / 19 段