is enhanced by the information which preceded your arrival here, that his
Majesty, your sovereign, had selected you to fill the mission upon the
grounds of your derivation from an ancestral stock identified with the
most glorious era of your country's noble history, and your own eminent
social and political standing in Sweden. This country, sir, maintains, and
means to maintain, the rights of human nature, and the capacity of men for
self-government. The history of Sweden proves that this is the faith of
the people of Sweden, and we know that it is the faith and practice of
their respected sovereign. Rest assured, therefore, that we shall be found
always just and paternal in our transactions with your government, and
that nothing will be omitted on my part to make your residence in this
capital agreeable to yourself and satisfactory to your government.
INDORSEMENT AUTHORIZING MARTIAL LAW IN SAINT LOUIS.
St. Louis, November 20, 1861. (Received Nov. 20th.)
GENERAL McCLELLAN,
For the President of the United States.
No written authority is found here to declare and enforce martial law in
this department. Please send me such written authority and telegraph me
that it has been sent by mail.
H. W. HALLECK, Major-General.
[Indorsement.] November 21, 1861.
If General McClellan and General Halleck deem it necessary to declare and
maintain martial law in Saint Louis, the same is hereby authorized.
A. LINCOLN.
OFFER TO COOPERATE AND GIVE SPECIAL LINE OF INFORMATION TO HORACE GREELEY
TO GOVERNOR WALKER.
WASHINGTON, November 21, 1861
DEAR GOVERNOR:--I have thought over the interview which Mr. Gilmore has
had with Mr. Greeley, and the proposal that Greeley has made to Gilmore,
namely, that he [Gilmore] shall communicate to him [Greeley] all that he
learns from you of the inner workings of the administration, in return
for his [Greeley's] giving such aid as he can to the new magazine, and
allowing you [Walker] from time to time the use of his [Greeley's] columns
when it is desirable to feel of, or forestall, public opinion on important
subjects. The arrangement meets my unqualified approval, and I shall
further it to the extent of my ability, by opening to you--as I do
now--fully the policy of the Government,--its present views and future
intentions when formed, giving you permission to communicate them to
Gilmore for Greeley; and in case you go to Europe I will give these
things direct to Gilmore. But all this must be on the express and explicit
understanding that the fact of these communications coming from me shall
be absolutely confidential,--not to be disclosed by Greeley to his nearest
friend, or any of his subordinates. He will be, in effect, my mouthpiece,
but I must not be known to be the speaker.
I need not tell you that I have the highest confidence in Mr. Greeley. He
is a great power. Having him firmly behind me will be as helpful to me as
an army of one hundred thousand men.
This was to be most severely regretted, when Greeley became a traitor
to the cause, editorialized for compromise and separation--and promoted
McClellan as Democratic candidate for the Presidency.
That he has ever kicked the traces has been owing to his not being fully
informed. Tell Gilmore to say to him that, if he ever objects to my
policy, I shall be glad to have him state to me his views frankly and
fully. I shall adopt his if I can. If I cannot, I will at least tell him
why. He and I should stand together, and let no minor differences come
between us; for we both seek one end, which is the saving of our
country. Now, Governor, this is a longer letter than I have written in
a month,--longer than I would have written for any other man than Horace
Greeley.
Your friend, truly,
A. LINCOLN.
P. S.--The sooner Gilmore sees Greeley the better, as you may before long
think it wise to ventilate our policy on the Trent affair.
ORDER AUTHORIZING GENERAL HALLECK TO SUSPEND THE WRIT OF HABEAS CORPUS,
DECEMBER 2, 1861.
MAJOR-GENERAL H. W. HALLECK, Commanding in the Department of Missouri.
GENERAL:--As an insurrection exists in the United States, and is in arms
in the State of Missouri, you are hereby authorized and empowered to
suspend the writ of habeas corpus within the limits of the military
division under your command, and to exercise martial law as you find it
necessary in your discretion to secure the public safety and the authority
of the United States.
In witness whereof I have hereunto set my hand and caused the seal of the
United States to be affixed at Washington, this second day of December,
A.D. 1861.
A. LINCOLN.
By the President: WILLIAM H. SEWARD, Secretary of State.
ANNUAL MESSAGE TO CONGRESS.
WASHINGTON, December 3, 1861
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:--In the midst
of unprecedented political troubles we have cause of great gratitude to
God for unusual good health and most abundant harvests.
You will not be surprised to learn that in the peculiar exigencies of the
times our intercourse with foreign nations has been attended with profound
solicitude, chiefly turning upon our own domestic affairs.
A disloyal portion of the American people have during the whole year been
engaged in an attempt to divide and destroy the Union. A nation which
endures factious domestic division is exposed to disrespect abroad,
and one party, if not both, is sure sooner or later to invoke foreign
intervention.
Nations thus tempted to interfere are not always able to resist the
counsels of seeming expediency and ungenerous ambition, although measures
adopted under such influences seldom fail to be unfortunate and injurious
to those adopting them.
The disloyal citizens of the United States who have offered the ruin of
our country in return for the aid and comfort which they have invoked
abroad have received less patronage and encouragement than they probably
expected. If it were just to suppose, as the insurgents have seemed to
assume, that foreign nations in this case, discarding all moral, social,
and treaty obligations, would act solely and selfishly for the most speedy
restoration of commerce, including especially the acquisition of cotton,
those nations appear as yet not to have seen their way to their object
more directly or clearly through the destruction than through the
preservation of the Union. If we could dare to believe that foreign
nations are actuated by no higher principle than this, I am quite sure a
sound argument could be made to show them that they can reach their aim
more readily and easily by aiding to crush this rebellion than by giving
encouragement to it.
The principal lever relied on by the insurgents for exciting foreign
nations to hostility against us, as already intimated, is the
embarrassment of commerce. Those nations, however, not improbably saw
from the first that it was the Union which made as well our foreign as
our domestic commerce. They can scarcely have failed to perceive that the
effort for disunion produces the existing difficulty, and that one strong
nation promises more durable peace and a more extensive, valuable, and
reliable commerce than can the same nation broken into hostile fragments.
It is not my purpose to review our discussions with foreign states,
because, whatever might be their wishes or dispositions, the integrity
of our country and the stability of our government mainly depend not upon
them, but on the loyalty, virtue, patriotism, and intelligence of the
American people. The correspondence itself, with the usual reservations,
is herewith submitted.
I venture to hope it will appear that we have practiced prudence and
liberality toward foreign powers, averting causes of irritation and with
firmness maintaining our own rights and honor.
Since, however, it is apparent that here, as in every other state,
foreign dangers necessarily attend domestic difficulties, I recommend that
adequate and ample measures be adopted for maintaining the public defenses
on every side. While under this general recommendation provision for
defending our seacoast line readily occurs to the mind, I also in the same
connection ask the attention of Congress to our great lakes and rivers.
It is believed that some fortifications and depots of arms and munitions,
with harbor and navigation improvements, all at well-selected points
upon these, would be of great importance to the national defense and
preservation I ask attention to the views of the Secretary of War,
expressed in his report, upon the same general subject.
I deem it of importance that the loyal regions of east Tennessee and
western North Carolina should be connected with Kentucky and other
faithful parts of the Union by rail-road. I therefore recommend, as a
military measure, that Congress provide for the construction of such
rail-road as speedily as possible. Kentucky will no doubt co-operate, and
through her Legislature make the most judicious selection of a line. The
northern terminus must connect with some existing railroad, and whether
the route shall be from Lexington or Nicholasville to the Cumberland Gap,
or from Lebanon to the Tennessee line, in the direction of Knoxville, or
on some still different line, can easily be determined. Kentucky and the
General Government co-operating, the work can be completed in a very short
time, and when done it will be not only of vast present usefulness but
also a valuable permanent improvement, worth its cost in all the future.
Some treaties, designed chiefly for the interests of commerce, and having
no grave political importance, have been negotiated, and will be submitted
to the Senate for their consideration.
Although we have failed to induce some of the commercial powers to adopt
a desirable melioration of the rigor of maritime war, we have removed all
obstructions from the way of this humane reform except such as are merely
of temporary and accidental occurrence.
I invite your attention to the correspondence between her Britannic
Majesty's minister accredited to this government and the Secretary of
State relative to the detention of the British ship Perthshire in June
last by the United States steamer Massachusetts for a supposed breach
of the blockade. As this detention was occasioned by an obvious
misapprehension of the facts, and as justice requires that we should
commit no belligerent act not founded in strict right as sanctioned by
public law, I recommend that an appropriation be made to satisfy the
reasonable demand of the owners of the vessel for her detention.
I repeat the recommendation of my predecessor in his annual message to
Congress in December last in regard to the disposition of the surplus
which will probably remain after satisfying the claims of American
citizens against China, pursuant to the awards of the commissioners under
the act of the 3d of March, 1859. If, however, it should not be deemed
advisable to carry that recommendation into effect, I would suggest that
authority be given for investing the principal, or the proceeds of the
surplus referred to, in good securities, with a view to the satisfaction
of such other just claims of our citizens against China as are not
unlikely to arise hereafter in the course of our extensive trade with that
empire.
By the act of the 5th of August last Congress authorized the President to
instruct the commanders of suitable vessels to defend themselves against
and to capture pirates. His authority has been exercised in a single
instance only. For the more effectual protection of our extensive and
valuable commerce in the Eastern seas especially, it seems to me that it
would also be advisable to authorize the commanders of sailing vessels to
recapture any prizes which pirates may make of United States vessels and
their cargoes, and the consular courts now established by law in Eastern
countries to adjudicate the cases in the event that this should not be
objected to by the local authorities.
If any good reason exists why we should persevere longer in withholding
our recognition of the independence and sovereignty of Haiti and Liberia,
I am unable to discern it. Unwilling, however, to inaugurate a novel
policy in regard to them without the approbation of Congress, I submit for
your consideration the expediency of an appropriation for maintaining
a charge d'affaires near each of those new States. It does not admit of
doubt that important commercial advantages might be secured by favorable
treaties with them.
The operations of the treasury during the period which has elapsed since
your adjournment have been conducted with signal success. The patriotism
of the people has placed at the disposal of the government the large means
demanded by the public exigencies. Much of the national loan has been
taken by citizens of the industrial classes, whose confidence in their
country's faith and zeal for their country's deliverance from present
peril have induced them to contribute to the support of the government
the whole of their limited acquisitions. This fact imposes peculiar
obligations to economy in disbursement and energy in action.
The revenue from all sources, including loans, for the financial year
ending on the 30th of June, 1861, was $86,835,900.27, and the expenditures
for the same period, including payments on account of the public debt,
were $84,578,834.47, leaving a balance in the treasury on the 1st of July
of $2,257,065.80. For the first quarter of the financial year ending on
the 30th of September, 1861, the receipts from all sources, including
the balance of the 1st of July, were $102,532,509.27, and the expenses
$98,239733.09, leaving a balance on the 1st of October, 1861, of
$4,292,776.18.
Estimates for the remaining three quarters of the year and for the
financial year 1863, together with his views of ways and means for meeting
the demands contemplated by them, will be submitted to Congress by the
Secretary of the Treasury. It is gratifying to know that the expenditures
made necessary by the rebellion are not beyond the resources of the
loyal people, and to believe that the same patriotism which has thus far
sustained the government will continue to sustain it till peace and union
shall again bless the land.
I respectfully refer to the report of the Secretary of War for information
respecting the numerical strength of the army and for recommendations
having in view an increase of its efficiency and the well-being of the
various branches of the service intrusted to his care. It is gratifying to
know that the patriotism of the people has proved equal to the occasion,
and that the number of troops tendered greatly exceeds the force which
Congress authorized me to call into the field.
I refer with pleasure to those portions of his report which make allusion
to the creditable degree of discipline already attained by our troops and
to the excellent sanitary condition of the entire army.
The recommendation of the Secretary for an organization of the militia
upon a uniform basis is a subject of vital importance to the future safety
of the country, and is commended to the serious attention of Congress.
The large addition to the regular army, in connection with the defection
that has so considerably diminished the number of its officers, gives
peculiar importance to his recommendation for increasing the corps of
cadets to the greatest capacity of the Military Academy.
By mere omission, I presume, Congress has failed to provide chaplains for
hospitals occupied by volunteers. This subject was brought to my notice,
and I was induced to draw up the form of a letter, one copy of which,
properly addressed, has been delivered to each of the persons, and at the
dates respectively named and stated in a schedule, containing also the
form of the letter, marked A, and herewith transmitted.
These gentlemen, I understand, entered upon the duties designated at the
times respectively stated in the schedule, and have labored faithfully
therein ever since. I therefore recommend that they be compensated at
the same rate as chaplains in the army. I further suggest that general
provision be made for chaplains to serve at hospitals, as well as with
regiments.
The report of the Secretary of the Navy presents in detail the operations
of that branch of the service, the activity and energy which have
characterized its administration, and the results of measures to increase
its efficiency and power such have been the additions, by construction and
purchase, that it may almost be said a navy has been created and brought
into service since our difficulties commenced.
Besides blockading our extensive coast, squadrons larger than ever before
assembled under our flag have been put afloat and performed deeds which
have increased our naval renown.
I would invite special attention to the recommendation of the Secretary
for a more perfect organization of the navy by introducing additional
grades in the service.
The present organization is defective and unsatisfactory, and the
suggestions submitted by the department will, it is believed, if adopted,
obviate the difficulties alluded to, promote harmony, and increase the
efficiency of the navy.
There are three vacancies on the bench of the Supreme Court--two by
the decease of Justices Daniel and McLean and one by the resignation of
Justice Campbell. I have so far forborne making nominations to fill these
vacancies for reasons which I will now state. Two of the outgoing judges
resided within the States now overrun by revolt, so that if successors
were appointed in the same localities they could not now serve upon their
circuits; and many of the most competent men there probably would not take
the personal hazard of accepting to serve, even here, upon the Supreme
bench. I have been unwilling to throw all the appointments north-ward,
thus disabling myself from doing justice to the South on the return of
peace; although I may remark that to transfer to the North one which has
heretofore been in the South would not, with reference to territory and
population, be unjust.
During the long and brilliant judicial career of Judge McLean his circuit
grew into an empire-altogether too large for any one judge to give the
courts therein more than a nominal attendance--rising in population from
1,470,018 in 1830 to 6,151,405 in 1860.
Besides this, the country generally has outgrown our present judicial
system. If uniformity was at all intended, the system requires that all
the States shall be accommodated with circuit courts, attended by Supreme
judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, Florida,
Texas, California, and Oregon have never had any such courts. Nor can this
well be remedied without a change in the system, because the adding of
judges to the Supreme Court, enough for the accommodation of all parts
of the country with circuit courts, would create a court altogether too
numerous for a judicial body of any sort. And the evil, if it be one, will
increase as new States come into the Union. Circuit courts are useful or
they are not useful. If useful, no State should be denied them; if
not useful, no State should have them. Let them be provided for all or
abolished as to all.
Three modifications occur to me, either of which, I think, would be
an improvement upon our present system. Let the Supreme Court be of
convenient number in every event; then, first, let the whole country be
divided into circuits of convenient size, the Supreme judges to serve in a
number of them corresponding to their own number, and independent circuit
judges be provided for all the rest; or, secondly, let the Supreme judges
be relieved from circuit duties and circuit judges provided for all the
circuits; or, thirdly, dispense with circuit courts altogether, leaving
the judicial functions wholly to the district courts and an independent
Supreme Court.
I respectfully recommend to the consideration of Congress the present
condition of the statute laws, with the hope that Congress will be able
to find an easy remedy for many of the inconveniences and evils which
constantly embarrass those engaged in the practical administration of
them. Since the Organization of the government, Congress has enacted some
5000 acts and joint resolutions, which fill more than 6000 closely printed
pages and are scattered through many volumes. Many of these acts have been
drawn in haste and without sufficient caution, so that their provisions
are often obscure in themselves or in conflict with each other, or
at least so doubtful as to render it very difficult for even the
best-informed persons to ascertain precisely what the statute law really
is.
It seems to me very important that the statute laws should be made as
plain and intelligible as possible, and be reduced to as small a compass
as may consist with the fullness and precision of the will of the
Legislature and the perspicuity of its language. This well done would, I
think, greatly facilitate the labors of those whose duty it is to assist
in the administration of the laws, and would be a lasting benefit to the
people, by placing before them in a more accessible and intelligible form
the laws which so deeply concern their interests and their duties.
I am informed by some whose opinions I respect that all the acts of
Congress now in force and of a permanent and general nature might be
revised and rewritten so as to be embraced in one volume (or at most two
volumes) of ordinary and convenient size; and I respectfully recommend to
Congress to consider of the subject, and if my suggestion be approved
to devise such plan as to their wisdom shall seem most proper for the
attainment of the end proposed.
One of the unavoidable consequences of the present insurrection is
the entire suppression in many places of all the ordinary means of
administering civil justice by the officers and in the forms of existing
law. This is the case, in whole or in part, in all the insurgent States;
and as our armies advance upon and take possession of parts of those
States the practical evil becomes more apparent. There are no courts
or officers to whom the citizens of other States may apply for the
enforcement of their lawful claims against citizens of the insurgent
States, and there is a vast amount of debt constituting such claims.
Some have estimated it as high as $200,000,000, due in large part from
insurgents in open rebellion to loyal citizens who are even now making
great sacrifices in the discharge of their patriotic duty to support the
government.
Under these circumstances I have been urgently solicited to establish, by
military power, courts to administer summary justice in such cases. I
have thus far declined to do it, not because I had any doubt that the end
proposed--the collection of the debts--was just and right in itself, but
because I have been unwilling to go beyond the pressure of necessity in
the unusual exercise of power. But the powers of Congress, I suppose, are
equal to the anomalous occasion, and therefore I refer the whole matter to
Congress, with the hope that a plan maybe devised for the administration
of justice in all such parts of the insurgent States and Territories as
may be under the control of this government, whether by a voluntary return
to allegiance and order or by the power of our arms; this, however, not
to be a permanent institution, but a temporary substitute, and to cease as
soon as the ordinary courts can be reestablished in peace.
It is important that some more convenient means should be provided, if
possible, for the adjustment of claims against the government, especially
in view of their increased number by reason of the war. It is as much the
duty of government to render prompt justice against itself in favor of
citizens as it is to administer the same between private individuals. The
investigation and adjudication of claims in their nature belong to
the judicial department. Besides, it is apparent that the attention of
Congress will be more than usually engaged for some time to come with
great national questions. It was intended by the organization of the
Court of Claims mainly to remove this branch of business from the halls of
Congress; but, while the court has proved to be an effective and valuable
means of investigation, it in great degree fails to effect the object of
its creation for want of power to make its judgments final.